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WVDEP Issues Permit For Sidewinder Water Line Construction

September 3, 2026 Tagged With: CTUB, Jefferson County Planning Commission, Middleway, Sidewinder, WV DEP

cover page of Sidewinder SWPPP document
Cover page of the SWPPP document for permit WVR113389

The Observer discovered earlier this week that the West Virginia Department of Environmental Protection (WV DEP) issued a construction stormwater permit, WVR 113389, for the Sidewinder Raw Water Line on May 26, 2026.

The cover page of the Stormwater Pollution Prevention Plan (SWPPP) that was submitted as part of the permit application (image above) indicates that the permit was issued to the Charles Town Utility Board (CTUB). The document indicates the application was prepared by Integrity Federal Services, the Martinsburg-based engineering firm that represented the Sidewinder company when it was seeking a permit from the Jefferson County Planning Commission to construct a water bottling facility on a former industrial site adjacent to the historic Middleway village.

CTUB General Manager Paul Mantello said he was not aware that this permit had been issued and had not seen any records of it in CTUB’s files when The Observer spoke with him this week. A SWPPP document produced by CTUB normally includes an affidavit of accuracy and completeness signed by the General Manager, but the SWPPP document included with this permit application is unsigned. 

In response to inquiries from The Observer, a representative of Integrity Federal Services said he would be investigating if CTUB was notified of the application and permit documents, which include a public notice sign that is required to be posted along the route of the project. 

Timeline of the Application

Documents available through the WV DEP online document portal show that the prior General Manager, Kristen Stolipher (who is married to Jefferson County Commissioner Steve Stolipher), signed the initial application for the permit in November 2025. Stolipher resigned from CTUB in February 2026.

The WV DEP portal shows that the Sidewinder application documents (including the November 2025 form signed by Stolipher) were uploaded on March 17, 2026 — after Stolipher had resigned, but before Mantello, who was hired on April 16, took on the General Manager role.

The WV DEP system also shows that a representative from Integrity Federal Services responded to several technical questions and the application was resubmitted twice, once on April 15 and again on May 22 (the Friday before Memorial Day). The application was approved on Tuesday, May 26 (the day after Memorial Day).

Grace Street in Middleway
The Sidewinder plan shows the water line construction along the length of Grace Street in Middleway.

Pipeline Plan Has Troubled History

The second concept plan that Sidewinder presented to the Jefferson County Planning Commission in 2024 showed this pipeline running between its water well adjacent to Lake Louise and running under Old Middleway Pike before it turns and runs through the center of the historic Middleway village. The concerns that this pipeline construction would disturb the historic structures and sites along its path were cited as reasons when the Planning Commission rejected Sidewinder revised concept plan in March 2025. 

In January 2025, the CTUB Board also took objection to how Stolpher had committed CTUB to taking ownership of this pipeline after it was constructed by Sidewinder, allowing the company to name CTUB as the applicant for permits it needed from the WV Division of Highways. The Board explicitly directed Stolipher to bring all future agreements with Sidewinder to its attention prior to making any commitments. There is no record in the CTUB minutes of any discussion about the CTUB board authorizing the General Manager to submit the construction stormwater permit application to WV DEP.

An Odd Timeline And Other Connections

Stolipher signed the certification form submitted with the permit application on December 3, 2025 — almost a month after Circuit Court Judge Bridget Cohee ruled against Sidewinder, blocking any further progress on the bottling facility project.

When the construction stormwater application was later uploaded into the WV DEP system in March 2026, Sidewinder was active in lobbying against several bills introduced in the State Senate and House of Delegates that would have added controls to water extraction in West Virginia. At the same time, another bill, SB 648, was passed and signed into law on April 1 2026. This new law could potentially reclassify water extraction as an activity that could be exempted from local control under certain circumstances.

The Jefferson County Commission has scheduled a special meeting on Friday, September 4 at 9 am. The agenda description for this meeting indicates the Commission may be reviewing Sidewinder’s activities to influence legislation at the same time it was laying the groundwork to build its pipeline.

Published in the Observer Weekly 2026 Sep 3.

By Steve Pearson

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