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Public Hearing & draft comments
by Duane330＠aol.com 21 Aug '06

21 Aug '06

NOTE: The WV DEP Water and Waste Management Division will hold a Public Hearing on Tuesday, August 22 at the Basic Sciences Auditorium of the WVU Medical Center, 6 pm. This is an important hearing, given that the Applications from Longview have problems that should not be allowed to stand up for approval. Please attend and speak if you can support any of the following or other objections to the Applications. One Application is for the Construction and the other for Operation of the power plant. But, both are being considered together even though the first is substantially incomplete. See below............... >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> Longview Power, LLC, 10040 Great Plain Avenue, Needham, MA 02492 APPLICATION #1. SITE REGISTRATION APPLICATION FORM, CONSTRUCTION STORM WATER WV/NPDES GENERAL PERMIT (THREE ACRES OR GREATER). Project Name: Longview Power-600-Megawatt Coal Fired Power Plant Construction-Phase 1. Operator or Contractor– To Be Determined. Acres Disturbed– 1.7, Rainfall Zone– Zone 1 Receiving Stream(s) – Crooked Run Proposed Construction Schedule– Begin Jan 31, 2006 – August 2009. Signed: Robert Place, 10/31/05. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> The above permit application was received on 11/2/05. 4 page. Storm Water Pollution Prevent Plan, 10 pages of text, 91 pages of material plus 3 maps. Received 11/2/05. Ground Water Pollution Prevent Plan, 9 pages of text, 19 pages of material plus 1 map. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> APPLICATION #2. "operation permit", 3/8/06. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> PRELIMINARY SUBSURFACE INVESTIGATION and GEOTECHNICAL EVALUATION, Triad Engineering, Inc., Morgantown, WV, April 8, 2004. Submitted to Division of Water & Waste Management, Permitting Section on May 3, 2006. 17 pages plus charts & graphs. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> STATEMENTS OF DUANE NICHOLS REGARDING THE "CONSTRUCTION PERMIT APPLICATION" 1. The Site Registration Application Form submitted on November 2, 2005 is nearly two years old, and as such may not reflect accurately to the Public and the State as to the actual conditions for the proposed Power Plant. Thus, this Application is not timely. 2. The required "Operator or Contractor" name, address and phone number were provided only as "To Be Determined". Therefore, the Application is incomplete and cannot stand. 3. The "Acres Disturbed" is listed in item 5. at 1.7 acres, yet this cannot be the full extent of the construction area. Thus, the Application is inaccurate and cannot stand. 4. The "Rainfall Zone" for the proposed plant site is listed as Zone 1. However, a careful determination of the correct zone for this site, south of the Pennsylvania stateline, is Zone 2. Thus, the Application is inaccurate and cannot stand. 5. The "Receiving Stream(s)" is listed as Crooked Run. This is misleading and inaccurate, given that the actual receiving stream is the South Branch of Crooked Run, a.k.a. School Run, which is pristine and has a quality exceeding Crooked Run itself. 6. The "Brief Description of Project" given in the Construction Permit Application is given as "Phase 1 of a multiphase construction. Install a construction trailer and parking area". This is inconsistent with the purpose of the Public Hearing now being held. This Public Hearing is dealing with the overall Construction and Operation of the proposed Power Plant. Therefore, the Application is incomplete and very misleading. Thus, this Application is inaccurate and cannot stand. 7. The "Proposed Construction Schedule" is given as "Begin Jan 31, 2006 - August 2009. This time period is not feasible, given that the start date cannot be met, and that an accurate start date is not know. Therefore, this Application is inaccurate and cannot stand. 8. The "zero discharge" nature of the proposed Power Plant is not realistic; and, "zero discharge" cannot be achieved as a practical matter with a large project involving thousands of gallons of water, multiple applications involving the water, and considerations as large holding ponds, water sprays for dust control, and multiple cooling towers involving water sprays and evaporation. While it is possible to design systems that intend to have "zero discharge", such a condition cannot be sustained in the long term over years of continuous operation. Hence, the "zero discharge" characterization cannot be accepted as a practical condition to prevail for the overall continuous operation of the Power Plant. 9. This proposed Power Plant project has not been approved to disturb the historic Ft. Harrison location adjacent to Seece Lane, which includes an historic marker, trees, marshes and possible relics or other remains. An adequate buffer zone is needed to provide for protection and preservation of this Ft. Harrison site, which dates from the 1780's. 10. The proposed plant site includes a number of wetland areas, afforded protection by federal law. Any construction as implied in the Construction and Operation applications would interfere or destroy this wetlands. Therefore, the permits should be withheld. 11. Full investigations of rare and endangered species have not been completed for the proposed plant site and transmission corridor. Until permits are granted by the U. S. Fish and Wildlife Service and approved by the WV Division of Natural Resources, the permits should be withheld to protect the full area that may possibly be disturbed. August 21, 2006.

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Tour of AMD Treatment Sites
by Duane330＠aol.com 11 Aug '06

11 Aug '06

You are invited to participate on a tour of acid-mine drainage treatment sites in Preston County on Saturday August 19. Keith Pitzer will be the guide for the trip. Friends of the Cheat will take you on a small bus to our interpretive trail to learn about what acid mine drainage is, how it is affecting the streams of Preston County, and what can be done with treatment to restore the streams. We will then travel to the T&T mine site, an underground mine, to learn about active treatment with highly reactive chemicals. We will travel to three more treatment sites, all within a few miles, to learn about another active treatment method and two passive treatment systems. We plan to leave the Foodland shopping plaza in Kingwood by 9:30 am, so try to arrive sooner. Look for a Buckwheat Express bus between Pizza Hut and Tractor Supply. We should be finished by 12:30 pm, and you are welcome to bring a carry-on lunch. We’ll supply water. Most sites are fairly level, but wear shoes suitable for walking on gravel. Please reserve a space as soon as possible by calling our office at 304-329-3621. -- Sally Wilts, Administrative Assistant Friends of the Cheat 119 S. Price St. Kingwood, WV 26537 304-329-3621

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Recreation Plan Update....Official Notice
by Duane330＠aol.com 07 Aug '06

07 Aug '06

NOTE: In the Morgantown Dominion Post today is the official announcement from the Federal Energy Regulatory Commission on the latest draft of the "Recreation Plan Update" for the Cheat Lake Park and Trail. See page 10-B. Please read this thru as soon as you can............. I'll be sending out more information on this over the coming week end. We have until August 28th to respond, and we want to reply with some detailed comments on the position of Allegheny Energy regarding debris collection, shoreline erosion, public swimming and water quality monitoring. You might wish to clip the legal notice for use later. Thank you, Duane Nichols, CLEAR President.

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Hill Billy Gypsies on Aug. 3rd
by Duane330＠aol.com 27 Jul '06

27 Jul '06

ANNOUNCEMENT The Hillbilly Gypsies will perform during the Cheat Canyon Preservation Fund Raiser, on Thursday, August 3rd, at the Forks of Cheat Winery. This event has been organized by the Cheat Lake Environment and Recreation Association (CLEAR), the WV Chapter of the Sierra Club, and the Friends of Blackwater. For further information, contact: Duane Nichols, CLEAR President, at 304-599-8040 or _duane330(a)aol.com_ (mailto:duane330@aol.com) . A $25.00 donation is suggested. "Y'all ain't nutin but a bunch of Hillbilly Gypsies...." The Hillbilly Gypsies are a West Virginia native string band who specialize in playing their own homegrown style of Appalachian old time music, mixed with a hard drivin' bluegrass sound. In addition to their original material, The Hillbilly Gypsies play an eclectic mix of traditional and quite often, not-so-traditional bluegrass standards and catchy old fiddle tunes. They choose to perform live, in the old fashioned way, around one or two vintage style large diaphragm microphones. This "Old Timey" approach really adds the high energy barn party atmosphere to their show. Watching the whole band work around the mics can be like taking a trip back in time. It'll sure make you want to get up and move! The Hillbilly Gypsies were recently featured in a musical documentary called "The Music Culture of the Appalachian". This film was produced and narrated by Steven Brady. (http://www.dominionpost.com/a/marquee/2003/09/18/au/) The film recently got it's debut at the New York Film Festival. The band is made up of Trae Buckner, guitar & banjo, Jamie Lynn Buckner, vocals, Jason Teel, bass fiddle & banjo, Dave Asti, banjo & guitar, and Ty Jaquay, fiddle & vocals. An added treat for the evening will be an appearance by Lindsey Clear, to sing a couple of her songs. See also the web site: _www.thehillbillygypsies.com_ (http://www.thehillbillygypsies.com/) >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> ANNOUNCEMENT You are cordially invited to attend a Cheat Canyon Preservation Fundraiser “Great Music, Great Food, Great Wine” Forks of Cheat Winery (On Old Stewartstown Road, north of Morgantown) Thursday August 3, 2006 from 6 - 9 pm We must raise an additional $15,000 to pay for a snail habitat study in the Cheat Canyon and to cover legal fees for our court case this coming September. Through these efforts we seek (a) to protect endangered species including the Cheat three-tooth snail and the Indiana bat (b) protect the natural and scenic character of the Cheat Canyon, and (c) maintain or improve the water quality of the entire Cheat watershed, down to and including Cheat Lake. Background: On September 4, 2004 a Coalition of Conservation Groups called for halt to illegal logging that threatens Cheat Canyon Wildlife. The Center for Biological Diversity, Friends of Blackwater, Sierra Club (West Virginia Chapter), the Cheat Lake Environment and Recreation Association (CLEAR), the West Virginia Rivers Coalition, and Coopers Rock Foundation notified Allegheny Wood Products (AWP) and the U.S. Fish and Wildlife Service (“Service”) of AWP’s violations of the Endangered Species Act in an attempt to save the critically imperiled Indiana bat and Cheat three-toothed snail from AWP’s logging and roadbuilding in Cheat River Canyon. The Cheat River Canyon encases a 16-mile stretch of the Cheat River, the largest undammed river east of the Mississippi River, as it runs northwest from Albright in Preston County to Cheat Lake in Monongalia County. Throughout the canyon, the Cheat River is bordered by steep, sandstone walls and is forested by a variety of tree stands, including oak, red maple, mountain laurel, and sourwood. The portion of canyon impacted by AWP’s activities provides crucial habitat for the Indiana bat and the Cheat three-toothed snail, both protected species under the Endangered Species Act. The Indiana bat is migratory, with a range extending throughout the eastern half of the United States. The bat hibernates in limestone caves and abandoned mines in West Virginia an spends the summer in the forest feeding and raising its young. During the swarming fall period they gather near these caves to mate and forage to put on fat for the winter. The Service has recognized a five mile radius around Indiana bat caves as a zone of concern. Both male and female bats are believed to have a strong fidelity to particular summer colony, foraging, and winter hibernating habitat. One of the bat’s key breeding and hibernating areas, Cornwell Cave, is in close proximity to AWP’s road building, tree-removal and habitat disturbance. The Cheat three-toothed snail is a land snail found only in Cheat River Canyon. It is found in sheltered, wooded areas typically associated with sandstone boulders or cliffs, and is often hidden in crevices or cave-like structures. AWP’s property in Cheat River Canyon comprises approximately one- third of the three-toothed snail’s habitat in the entire world. Although the Service informed AWP after it acquired the land that it contained Indiana bat and three-toothed snail habitat, AWP has initiated road building and logging activities in Cheat River Canyon without conducting adequate surveys for the species or even applying for a permit to harm the Indiana bat and Cheat three-toothed snail in conjunction with preparing a detailed Habitat Conservation Plan (“HCP”) to minimize and mitigate these impacts on federally protected species. AWP has converted the narrow hiking trail into a haul road near the town of Albright in Preston County, West Virginia and has logged a significant portion of the Canyon. Through their notice letter, the conservation groups have warned AWP that it is in current violation of the Endangered Species Act and must cease all of its offending activities. The Service is also on notice that it must enforce the law. Like the Blackwater Canyon, the Cheat Canyon is one of West Virginia’s unique ecological treasures and also a recreation destination. AWP has ignored Fish and Wildlife’s request for endangered species’ surveys in their rush to get out the cut. Now the Service must stop this dangerous project. Sandy Cress of the West Virginia Chapter of the Sierra Club agreed, “The Sierra Club believes that preservation of wildlife is of paramount importance, particularly the protection of endangered species."

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"An Inconvenient Truth" --- here, now!
by Duane330＠aol.com 23 Jul '06

23 Jul '06

The new movie named “AN INCONVENIENT TRUTH” is playing at the Warner Theatre on High Street here in Morgantown, at least through Friday of this week. This movie includes a rather comprehensive examination of global warming, its causes and effects--- which are profound. Al Gore adds some humor to this documentary that has been a central issue in his life for perhaps 30 years. Believe it, all showings are $4.00 per seat. The schedule for today (Sunday) is 1:15, 3:15, 5:15, 7:20 and 9:15 pm. The length of the movie is 95 minutes. For Monday thru Friday, the times are 5:15, 7:20 and 9:15 pm.

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Preserve the Cheat Canyon
by CLEAR1lake＠aol.com 13 Jul '06

13 Jul '06

You are cordially invited to attend a Cheat Canyon Preservation Fundraiser “Great Music, Great Food, Great Wine” Forks of Cheat Winery (On Old Stewartstown Road, north of Morgantown) Thursday August 3, 2006 from 6 - 9 pm We must raise an additional $15,000 to pay for a snail habitat study in the Cheat Canyon and for legal fees for our court case this coming September. We seek (a) to protect endangered species including the Cheat three-tooth snail and the Indiana bat (b) to protect the natural and scenic character of the Cheat Canyon, and (c) to maintain or improve the water quality of the entire Cheat watershed, down to and including Cheat Lake. Your help and support are so very important at this time. And, let other know about it! Duane Nichols, Cheat Lake Environment and Recreation Association (CLEAR) Judy Rodd, Director, Friends of Blackwater Paul Wilson, Chair, WV State Chapter, Sierra Club >>>>>>>>>>>>>>>>>>>>>>> R. S. V. P <<<<<<<<<<<<<<<<<<<<<<<<<<<<<<< ___Yes! I will be there. Enclosed is my gift* of $_______________ for myself and ______ additional guest(s). ___Yes! I will be there and will bring my pledge of $___________ on the day of the party. ___I will be unable to attend, however please accept my tax-deductible donation of $_________________. Name__________________________________________________________________ Address________________________________________________________________ City____________________________________________State________Zip__________ Phone_______________________E-mail_______________________________________ Please make checks payable to Friends of Blackwater and note Cheat Canyon in the memo line. *Suggested donation is $25.00 or more per guest. Mail to either address below and/or reply by email: Donna Weems, CLEAR Treasurer, 320 Dream Catcher Circle, Morgantown, WV 26508 Friends of Blackwater (Cheat Canyon), 501 Elizabeth Street, Charleston, WV 25311.

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Global Warming, Sunday at 9 pm
by Duane330＠aol.com 12 Jul '06

12 Jul '06

Discovery Channel visits global warming tipping points across the planet, talks to the world’s leading experts, and examines the latest evidence about global warming in GLOBAL WARMING: WHAT YOU NEED TO KNOW. Produced by Discovery Channel, the BBC and NBC News Productions, and hosted by award-winning journalist Tom Brokaw, the two-hour special presents the facts and leaves it up to viewers to determine their own opinion about global warming. GLOBAL WARMING: WHAT YOU NEED TO KNOW premieres Sunday, July 16, at 9 p.m. ET. [http://dsc.discovery.com] The two-hour special will decode the buzzwords and arm viewers with an arsenal of clear definitions and visual depictions to explain the greenhouse effect, carbon dioxide emissions, CFCs, effects on weather and rising sea levels. CGI and cutting-edge climate computer models will help viewers see into the future at a world significantly changed by unchecked global warming. GLOBAL WARMING: WHAT YOU NEED TO KNOW will take viewers to global warming hot spots where the planet is most affected by climate change - into rushing subterranean rivers deep in Patagonian glaciers, into the drought-stricken Amazon, on coral reefs ravaged by rising ocean temperatures, into a massive Chinese coal mine, and many more. The international team of experts, including NASA’s top climate scientist Dr. James Hansen, and Princeton University professors Michael Oppenheimer and Stephen Pacala, will discuss the current realities of global warming and predict the future of the planet. Many of the experts will address natural warming and cooling cycles going back 600,000 years, and discuss if the present warming trend is unnatural. GLOBAL WARMING: WHAT YOU NEED TO KNOW will demonstrate how much carbon dioxide the average American family produces and present a graphical timeline of global warming throughout history. Finally, the special will look at technical solutions, both great and small, from giant gas injection rigs in the ocean, to more efficient architecture in cities, to what the average American family can do to slow global warming. Join legendary news anchor Tom Brokaw for a programming event that promises to be thought-provoking, visceral and empowering.

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Annual Meeting Minutes
by Duane330＠aol.com 06 Jul '06

06 Jul '06

F.Y.I.

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Mt. Chateau Committee
by Duane330＠aol.com 25 Jun '06

25 Jun '06

NOTE CLEAR established a "Mt.Chateau Committee" at our meeting this past Thursday evening at the Cheat Lake Fire Hall. Jim Kotcon is acting as the Chair of this Commitee, and he is getting things going by requesting assistance and ideas. The intention here is to quickly do some background research on Mt. Chateau and on the information available on the status of this property within the State government. We passed a motion at the CLEAR meeting that we seek to retain Mt. Chateau as public property for the use and enjoyment of all the people. Please do what you can to assist and support this effort. You can contact the Governor, using the information provided below. You can contact your legislative representatives in the Senate and House of Delegates. The Monongalia County Commission has already sent letters to these asking for the preservation of the Mt. Chateau property, but more public comment and action will be needed. If you wish to serve on this Committee or if you have information that could help, please let me know as soon as possible. The full minutes from the CLEAR Meeting of June 22nd will be distributed this coming week >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> MONT CHATEAU IS IN DANGER OF BEING SOLD FOR PRIVATE DEVELOPMENT The Office of Governor Joe Manchin has initiated an investigation into the economic potential of selling the remaining acreage of the former Mont Chateau State Park. These grounds, comprising approximately 13 acres, are the sole remnants of State-owned property on Cheat Lake and provide the only access to the Cooper’s Rock trail system from the lake. The buildings and grounds are owned by the WV Public Land Corporation and have been maintained and occupied by a State research agency since the property ceased functioning as a State Park in 1977. Presumably, the land would be sold to private developers, whose perception of “highest and best use” of the land would be to maximize their profit through the construction of multiple occupancy townhouses and/or condominiums, thus creating another unsightly scar on the shores of Cheat Lake. Once this scenic State land becomes private property, it will no longer be open for the public to enjoy. The law affords some protection against an outright sale of State property. §20-1A-5 of the West Virginia State Code requires the Public Land Corporation to conduct a public hearing prior to the sale or exchange of any public property. This does not guarantee, however, that private developers and others who would profit from a sale would be dissuaded from pursuing ownership of this beautiful natural resource area, currently owned by the people of West Virginia, by whatever means practical. If you wish to keep this property open to the public and safe from private development, please contact the Governor’s Office to voice your concerns. Governor Joe Manchin III Address: 1900 Kanawha Boulevard, E. Charleston, WV 25305 Telephone: 1-888-438-2731 or 1-304-558-2000 FAX: 1-304-558-7025 Email: Governor(a)WVGov.org

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Status of State-owned Mt. Chateau
by Duane330＠aol.com 19 Jun '06

19 Jun '06

NOTE: At 10:15 am this coming Wednesday, June 21st, an agenda item for the Monongalia County Commission is "The Status of the State-Owned Property at Mt. Chateau". This topic was also discussed in a front page story of today's Dominion Post. The State government has an evaluation underway to determine the future of this and other sites, for possible economic development. The following memorandum has been prepared for consideration of the Commissioners, to outline the importance and potential of the Mt. Chateau property. It is my hope that the County Commission will adopt a resolution and write a letter to the Governor in support of the preservation of the Mt. Chateau property as public property. YOU CAN HELP. READ THE FOLLOWING WITH A CRITICAL EYE AND TELL ME HOW TO IMPROVE IT. SEND ME AN EMAIL, AND TELL ME YOU AGREE OR NOT. SEND THIS MESSAGE TO OTHERS. SEND YOUR OWN LETTER TO: Governor Joe Manchin III, 1900 Kanawha Boulevard, East, Charleston, WV 25305. You can phone or fax the Governor at 304-558-2000 (phone) or 558-7025 (fax). The email address is: _Governor(a)WVGov.org_ (mailto:Governor@WVGov.org) Send me a copy of your letter. Thank you for your help at this time, Duane Nichols, CLEAR, 330 Dream Catcher Circle, Morgantown, WV 26508 _duane330(a)aol.com_ (mailto:duane330@aol.com) >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> To: Governor Joe Manchin III, State of West Virginia Date: June 21, 2006 Re: Mt. Chateau Property on Cheat Lake, Monongalia County, WV Cheat Lake was formed and dedicated in 1926 by West Penn Power “for recreation and the providing of an essential service (electricity)”. Yet, access to the full public use of the Lake is severely limited by the natural terrain, which of course helps to make it “wild and wonderful”. Some public access is afforded by Allegheny Energy and the Federal Energy Regulatory Commission at the Cheat Lake Park and Trail, where again access is severely limited, and at the Sunset Beach where public boating access competes with dock rental usage. The State of West Virginia can take a major step toward increased public access at the Mt. Chateau location, given the existing 13 acres there and the perpetual access to the Lake that remains from the prior land sales and swaps (that were not in the public interest). Monongalia County and the whole State would greatly benefit from any combination of the following uses for the Mt. Chateau property: 1. The continued function of the WV Geologic & Economic Survey at this site. 2. A museum based upon the existing geological specimens there with additions of rocks and minerals from West Virginia. 3. An enhanced information center and environmental studies office, perhaps featuring a nature center and/or a natural history museum. 4. This is an ideal location for a public park with a pavilion, picnic area, playground, dog walk, perhaps with an observation deck, fishing platform, and/or swim deck. 5. Location for a support facility for use of the perpetual legal access to Cheat Lake remaining at the old Mt. Chateau beach, discarded by the State in 1974. 6. There is amble space for public parking unlike any other location around Cheat Lake, in support of any of the above activities. 7. Location for access to Lake and Cheat Canyon for search & rescue operations of stranded or injured hikers, boaters, rafters, hunters, etc. 8. Location for access to Coopers Rock State Forest, as only practical public access to hiking trails from the Cheat Lake and River level. 9. Base station for monitoring of Cheat River water quality, siltation and debris, as well as acid mine water. This is the one location where a possible scheme could be devised for removal of substantial quantities of the debris floating down from the Cheat River watershed, a perennial problem for Lake usage. 10. Of course, the scenic beauty of this land and the surroundings are justification in and of themselves for it preservation and retention as public land. What remains of the former Mt. Chateau State Park has significance to our State far beyond any economic value for private development. Indeed, economic development in Monongalia County is currently at a peak, and our population growth calls out for the State to improve access to Cheat Lake for all our people. Duane Nichols, Cheat Lake Environment & Recreation Association.

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