In December the Conservancy and Backbone Mountain Windpower, LLC filed a joint motion asking the West Virginia Public Service Commission (PSC) to approve Atlantic Renewable Energy’s proposed Backbone Mountain wind power project application, with modifications requested by the Conservancy. In late December the PSC approved the modified project.

For several months the Conservancy had contended that parts of the proposed project presented an unacceptable risk to the viewshed at Blackwater Falls State Park. In response, the project developer has now agreed to remove the southernmost approximately twenty wind turbines from the project. The remainder of the project is said to be not in the viewshed of the Park.

The agreement, under which the Conservancy withdraws its protest at the PSC, creates a technical committee to approve a post-construction monitoring program, to be developed by the wind power developer’s avian consultant. This technical committee, composed of stakeholders in the permitting process, will be open to a representative of the Atlantic Renewable, the Highlands Conservancy, the U.S. Fish and Wildlife Service, the WV Division of Natural Resources, a state-wide avian organization, and a representative from a private or academic institution with a background in avian issues.

Conservancy President Frank Young, said, "I am pleased that this agreement removes our objections to the project and that development of our wind resources in the West Virginia highlands can proceed. With this agreement on this, the first commercial wind power project in West Virginia, we have set the precedent that wind power can be developed without seriously impacting existing developed recreational resources such as Blackwater Falls State Park. Future wind power projects will be on notice that we don’t allow proposed "green energy" projects to diminish the value of existing "green" recreational assets. And the stakeholders committee that resulted from these negotiations is a model for future working relationships with wind power and perhaps even other industrial developments."

In reaching the settlement, the developer made other commitments, including agreeing to work with the Federal Aviation Administration to minimize the impact lighting requirements will have upon the visibility of the project.

Young concluded, "I thank the representatives of Atlantic Renewable Energy and its subsidiary, Backbone Mountain Windpower, LLC, for their willingness to negotiate and for accommodating our concerns in developing this project. The spirit of cooperation between the Highlands Conservancy and this company is a model for other commercial and industrial developers and citizen groups."

This agreement was negotiated with assistance from Conservancy attorney, William DePaulo, Conservancy President and wind power committee chair Frank Young, along with wind power committee members Carroll Jett and Judy Rodd.

While not a part of this specific agreement, Backbone Mountain Windpower has also indicated some willingness to participate in later discussions related to the establishment of hiking trails along or in the area of the wind turbines.