Hello, Neighbors. This is a progress note regarding New Business #3: Noise and Nuisance from the Graham trucking company that adjoins the Wyndale community. Discussion of possible options included planting trees along the property line to obscure the heavy equipment and reduce noise. Status – pending.

On 18 May 2026, I contacted the Mercer County Planning Commission (1501 Main St, Ste 210, Princeton, WV; 304-487-8306) to check the county’s code and zoning enforcement.

It was confirmed. Mercer County has no county-wide zoning; it applies mainly in incorporated cities/towns (e.g., Princeton, Athens, etc.).

There is a Mercer County Noise Ordinance; however, per the county commission office, it is useless and unenforceable. The county enacted this ordinance, but the Sheriff’s office will not enforce it because our Magistrates will only take up state violations, not county. Unfortunately, there is no county court system.

I was referred to Keith Gunnoe, Emergency Planning Office, and contacted him on 18 May 2026 to make our complaint known and to see if there are any options we can follow up on (e.g., diesel fuel tank, smell, noise, etc.). Keith was helpful and informative, but not the right person to assist.

NEXT STEPS to PURSUE

Research whether the diesel fuel tank is registered.

Research and contact the WV Pollution/Environmental laws with the WV Department of Environmental Protection (DEP) or the Mercer County Health Department for inspection and potential enforcement.

Engage with the County Sheriff’s Office (Sheriff Allen Christian) to make known our complaint and seek options about a public nuisance.

Engage with a local attorney to learn options and to receive tailored advice on filings, potential WMA standing, and costs/recovery. Attorney fees may be recoverable in some nuisance actions.

Research burning laws that are tied to EPA rules. Anything other than brush burning may be considered illegal per state laws.

RECOMMENDED HOMEOWNER ACTIONS

If excessive noise from running diesel engines and other loud equipment after 10:00 pm through 06:00 AM, call 911 for a non-emergency response and report the noise. Repeated calls will create a paper trail.

Request homeowners call and express concerns to the Mercer County Planning Commission (1501 Main St, Ste 210, Princeton, WV; 304-487-8306.

Request homeowners to document incidents of noise, pollution, fumes, odors, etc., and send a copy to the wyndalehoacom@gmail.com address for future use in filing an official complaint. Document what you see and hear, consider pictures, and record what you see.

We may need to plant trees or erect a barrier to lessen some of the issues.

We need to organize as a community, collect our evidence, and coordinate our responses.

This is an important issue to resolve for our community.

Attached are the Annual meeting notes from the 16 May 2026 meeting.

Attached is the Annual meeting Agenda combined with the financial report.

Page 1 of Notes

Page 2 of Notes

Page 3 of Notes

Wyndale Financial Status - as of Oct 2023

Wyndale Annual Dues Increase for 2024 Notification

Wyndale Newsletter - Dec 2023

Wyndale Community Announcement - Wyndale EasyHOA Launch

Wyndale Community Announcement