- CLEAR - lists.cheatlakeclear.org

Let's Go To CHEAT FEST on Sat.
by Duane330＠aol.com 03 May '07

03 May '07

WHAT WONDERFUL WEATHER IN WILD WONDERFUL WEST VIRGINIA Now is the time for all good men and women to come to the aid of their River and Lake...........Let's Go To CHEAT FEST on Saturday. TICKETS TO......Cheat Fest are $15 at the gate. Gate opens at noon. To get there, take Interstate 68 East to the Bruceton Mills exit. Turn right onto WV 26 South toward Kingwood and drive about 10 miles. LOok for signs for Cheat Fest on the right. Dogs are not permitted. More info: _www.cheat.org_ (http://www.cheat.org) CHEAT FEST is a function of the Friends of the Cheat, of which CLEAR is an "organization member". You can also join as an individual, buy a T-shirt, board a raft, or hike a trail. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> HELP. If you will help with the booth of CLEAR, please let me know a.s.a.p. We will simple display some maps and our brochure, and we will accept questions about the legal settlement with Allegheny Wood Products regarding the protection to the Cheat three-tooth snail in the Cheat Canyon. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> CLEAR accepts new memberships and other donations at any time. We have been awarded an additional $2,000 by the Monongalia County Commission for the upcoming fiscal year beginning on July 1st. Duane Nichols, President 304-599-8040 _duane330(a)aol.com_ (mailto:duane330@aol.com) Donna Weems, Treasurer 320 Dream Catcher Circle Morgantown, WV 26508 CLEAR = Cheat Lake Environment and Recreation Association ************************************** See what's free at http://www.aol.com.

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Mon-River Trail in Penna.
by Duane330＠aol.com 26 Apr '07

26 Apr '07

SHEEPSKIN TRAIL- GREAT NEWS- see below message Begin forwarded message: Date: April 26, 2007 12:03:22 PM EDT Subject: Good News Regarding the County Commissioner’s Meeting in Uniontown this morning, the commissioners voted unanimously to purchase the trail bed from the WV state line to Georges Township (the southern end of the Sheepskin Trail) from CSX Corporation. The money for this transaction was made available from the McKenna Foundation and the County is paying the transfer fees associated. This is truly the first major step in several years towards making the trail through Point Marion to West Virginia a reality. A survey and some deed work still remains to be done, but we are finally moving forward. ************************************** See what's free at http://www.aol.com.

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37th Earth Day.. "inconvenient truth"
by Duane330＠aol.com 22 Apr '07

22 Apr '07

How eager are we to fight global warming? Statewide poll finds most Pennsylvanians see individual efforts as too inconvenient Sunday, April 22, 2007By Don Hopey, Pittsburgh Post-Gazette On this 37th Earth Day, most Pennsylvanians think global warming is an inconvenient truth, but not many are willing to be inconvenienced enough to do anything about it. Seven out of 10 Pennsylvanians agree that global warming exists and is a concern, according to a survey by two Mansfield University researchers released last week, but significantly fewer are willing to do so much as change a light bulb to help address the problem. Instead, they are looking to government or science for solutions, said Tim Madigan, associate professor of sociology at Mansfield University. "Our results suggest that a majority of people in the state are not very committed to taking broad action against global warming," said Mr. Madigan, who along with co-researcher Dr. Janice Purk surveyed 920 Pennsylvanians over the age of 18 about their willingness to take 10 specific steps to reduce global climate change. The survey results do show that the number of people who agree that global warming is occurring is up from 5-in-10 in 1999, to 7-in-10, a significant increase, but the impact on behavioral change has not been as great. The 10 personal actions that people were asked if they do, or would do, were: use compact fluorescent light bulbs, compost kitchen scraps, take reusable bags to the grocery store, buy from environmentally friendly companies, wash dishes by hand, own a hybrid car, purchase a solar power system for their home, allow clothes to air dry, buy a windmill and stop eating meat. If those surveyed were already taking the step, they received a score of two for that item. If they said they would take the step, they received a score of one. Those unwilling to change got a zero for that item. Out of 20 possible points, half of those surveyed scored a six or lower on the "action index," which the researchers created to measure the feasibility of a social solution to global warming. If few people are willing to change their behavior, a social solution is impossible and government action or scientific innovation, or both, will be required. "Since the majority of people are not very willing to change many of their behaviors, and belief in global warming is not strongly related to taking action, the social solution to the problem of global warming does not look very promising," Mr. Madigan said. Slightly more than half of those surveyed said they would use fluorescent light bulbs, take reusable bags to the grocery and buy from environmentally friendly companies. Slightly less than half said they'd feed the composter. Only 41 percent said they'd be willing to drive a hybrid car or install solar panels; 38 percent were willing to wash dishes by hand; 30 percent were willing to stop eating meat. Just 26 percent would let their clothes air dry and 25 percent said they would buy a windmill. Only 13 percent of those surveyed had seen former Vice President Al Gore's film "An Inconvenient Truth," and those who had seen it scored less than a point higher than those who had not. "Assuming that Gore's movie had a casual impact," Mr. Madigan said, "it would take many more such movies to change attitudes and behaviors enough to reverse the trends as he calls for in his book and movie." The random telephone survey was done at the end of February and the beginning of March of residents throughout the state and has a 3.2 percent margin of error. ____________________________________ ************************************** See what's free at http://www.aol.com.

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The Supreme Greenhouse
by Duane330＠aol.com 03 Apr '07

03 Apr '07

The Court Rules on Warming April 3, 2007, Editorial, New York Times. It would be hard to overstate the importance of yesterday’s ruling by the Supreme Court that the federal government has the authority to regulate the carbon dioxide and other greenhouse gases produced by motor vehicles. It is a victory for a world whose environment seems increasingly threatened by climate change. It is a vindication for states like California that chose not to wait for the federal government and acted to limit emissions that contribute to global warming. And it should feed the growing momentum on Capitol Hill for mandatory limits on carbon dioxide, the principal greenhouse gas. The 5-to-4 ruling was a rebuke to the Bush administration and its passive approach to the warming threat. The ruling does not require the government to regulate greenhouse gases. But it instructs the Environmental Protection Agency to reconsider its refusal to regulate emissions, urges it to pay attention to the scientific evidence and says that if it takes the same stance, it has to come up with better reasons than its current “laundry list” of excuses. The ruling also demolishes President Bush’s main justification for not acting — his argument that because the Clean Air Act does not specifically mention greenhouse gases, the executive branch has no authority to regulate them. The president has cited other reasons for not acting, including costs. But his narrow reading of the Clean Air Act has always been his ace in the hole. The court offered a much more “capacious” reading of the act, as Justice John Paul Stevens wrote for the majority. The plaintiffs — 12 states and 13 environmental groups — had argued, and the court agreed, that while the act does not specifically mention greenhouse gases, it gives the federal government clear jurisdiction over “any air pollutant” that may reasonably be anticipated to endanger “public health or welfare.” This interpretation was first set forth by Carol Browner, administrator of the E.P.A. under President Clinton, and remained agency policy until Mr. Bush reversed it in 2001. The administration had also argued that the states did not have standing to sue on this issue because they could not show that they would be harmed by the government’s failure to regulate greenhouse gases. The court ruled that the states have a strong and legitimate interest in protecting their land and their citizens against the dangers of climate change and thus have standing to sue. The ruling reinforces state efforts in other ways. California and nearly a dozen other states have adopted their own regulations requiring lower greenhouse gas emissions from cars and trucks. These rules, however, require federal approval, which seemed unlikely as long as the agency could claim that carbon dioxide was not a pollutant — a claim it can no longer make. The E.P.A. had also argued that reducing emissions would require it to tighten fuel efficiency standards, a job assigned by law to the Department of Transportation. The automakers have made much the same argument against California ’s emissions rules. But the court said that the E.P.A. could not shirk its responsibilities just because another department sets mileage standards. The agency is clearly in for some serious soul-searching. The decision was unnervingly close, and some of the arguments in the dissent, written by Chief Justice John Roberts Jr., were cause for concern — especially his comments about the “complexities” of the science of climate change, which is too close for comfort to the administration’s party line. Still, the Supreme Court, for the first time, has said that global warming is a real and present danger. This can only encourage those on Capitol Hill and in the states who are growing increasingly impatient for aggressive action. ************************************** See what's free at http://www.aol.com.

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Cheat Canyon Settlement
by Duane330＠aol.com 28 Mar '07

28 Mar '07

To: CLEAR members and friends From: Duane Nichols, President. RE: Settlement Agreement For Snail and Bat CLEAR has assumed an obligation to help raise funds to pay for the Expert Team and the Delineation Team scheduled (see below) to prepare a Report on criteria and procedures for the identification and marking of potential habitat for the Cheat three-tooth snail in the Cheat Canyon, on the lands of Allegheny Wood Products (AWP). AWP will pay the upfront costs and the three Plaintiff organizations [CLEAR, Sierra Club--State Chapter, and Friends of Blackwater], will raise funds to the extent possible so as to share these costs. Here is a fund-raising plan, for your comment and approval: 1. CLEAR can allocate $1,000 as matching money, from the general fund and from "in-kind" contributions, i.e. the value of the time of CLEAR persons who work in the project. 2. Another $1,000 from the Friends of the Cheat, as actual funds and "in-kind" contributions. 3. The sum of $2,000 from the Mon County Commission, to be requested in April. 4. The sum of $2,000 from the Preston Co. Commission, to be requested in April. 5. Up to $3,000 from other local grants. 6. Up to $10,000 from a grant application to the National Fish and Wildlife Foundation. Please provide comments, questions, and your voice of support or otherwise. See below for more details at this time. Duane Nichols >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> THE LEGAL SUIT TO PROTECT AND PRESERVE THE FLAT-SPIRED THREE TOOTH LAND SNAIL IN THE CHEAT CANYON WAS SETTLED ON FEBRUARY 5, 2007. ACCORDING TO THE SETTLEMENT AGREEMENT, COORDINATORS WOULD BE SELECTED, THEN AN EXPERT TEAM WOULD BE SET UP TO WRITE A REPORT LAYING OUT CRITERIA FOR THE IDENTIFICATION OF POTENTIAL HABITAT FOR THE SNAIL. THE IS CALLED THE DELINEATION REPORT, AND IT WILL BE USED STARTING ON JULY 21, 2007 TO REVIEW 5 PERSERVES THAT HAVE BEEN SET ASIDE IN AREA 3, THE MOST IMPORTANT SNAIL AREA, AND TO STUDY THE REMAINDER OF AREA 3 FOR THE EXISTENCE OF ADDITIONAL POTENTIAL HABITAT. THIS IS GOING TO BE A RATHER RIGOROUS SET OF CRITERIA AND DELINEATION PROCESS, AS REQUIRED BY THE SETTLEMENT. The Schedule below provides some insight into what the specific steps are to be. I plan to set up a public meeting in April to provide an opportunity to gather for a discussion of the process and the data. Settlement Agreement Activity Schedule 1. Selection of Coordinators (15 days): 2-5-07 to 2-20-07. (Complete) Coordinators: Kelly Riddle, AWP, and Duane Nichols, CLEAR 1. Selection of Expert Team (30 days): 2-21-07 to 3-22-07. (Complete) Tom Pearce, Carnegie Museum of Pittsburgh, Ron Caldwell, Cumberland Mountain Research Center, Tom Watters, Ohio State University, and Dan Dourson, Belize Foundation for Research and Environmental Education. [Fixed fee of $3500 per Expert]. *3. Prepare draft delineation report (75 days): 3-23-07 to 6-5-07. *4. Review draft delineation report (15 days): 6-6-07 to 6-20-07. *5. Prepare final delineation report (30 days): 6-21-07 to 7-20-07. *6. Seek advice of expert team on possible research projects: 6-6-07 to 7-20-07. 1. Selection of delineation team (30 days): 6-21-07 to 7-20-07. 1. Complete delineation of Area 3 (balance of year 2007): 7-21-07 to 12-31-07. 1. AWP begins timbering in Area 3: 11-15-07. 1. Complete all delineations in Area 3 and on the South Side of Canyon: 7-21-07 to 11-15-09. * - Note: The responsibilities of the Expert Team are those of Items 3, 4, 5 and 6. During the draft review, Team members may be called upon to present the draft to others and answer questions about the draft. ************************************** AOL now offers free email to everyone. Find out more about what's free from AOL at http://www.aol.com.

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Search for New W.V.U. President
by duane330＠aol.com 26 Mar '07

26 Mar '07

RE: SEARCH FOR NEW W.V.U. PRESIDENT................ FROM: Duane Nichols, B.S.Ch.E. 1959. NOTE: You can send your comments as correspondence to the following email address, to which everything sent will be provided to the Search Committee: PresidentSearch(a)mail.wvu.edu If you would prefer a hard copy address, you can send to: WVU Board of Governors, c/o Board Secretary, West Virginia University, PO Box 6201, Morgantown, WV 26506. Profiles of the 3 finalists for president of WVU The Dominion Post Daniel Bernstine Daniel Bernstine, 59, has been president of Portland State University since August 1997. Portland State has about 24,000 students, 2,049 faculty, a budget of $429.7 million, and research expenditures of $40 million, according to the PSU Web site. Before coming to PSU, Bernstine served as dean of the University of Wisconsin Law School from 1990-’97. He served as general counsel of Howard University from 1987-’90 and also as the interim dean of Howard University Law School from 1988-’90. Bernstine graduated from the University of California at Berkeley with a B.A. degree in 1969, from the Northwestern University School of Law with a J.D. degree in 1972, and received his LL.M. degree from the University of Wisconsin Law School in 1975. He received Honorary Doctor of Law degrees from Hanyang University, Seoul, Korea, in 1999, and from Waseda University, one of the top two private universities in Japan, in 2003. Bernstine was awarded an Honorary Doctor of Human Letters degree from Nizhny Novgorod Linguistic University, in Russia, in 2004. In 2005, Bernstine was awarded the Michael P. Malone International Leadership Award in recognition of his work in internationalization in higher education. He was given the International Citizen Award by the Oregon Consular Corps in 2004. >From 1972-’73, Bernstine was a staff attorney with the Office of the Solicitor at the U.S. Department of Labor, and from 1974-’75, he was the William H. Hastie Teaching Fellow at the University of Wisconsin Law School. From 1975-’78, Bernstine was assistant professor at Howard University Law School. He joined the University of Wisconsin Law School faculty in 1978 and was on leave from Wisconsin while serving as general counsel and interim law school dean at Howard. Among other schools, Bernstine has been a visiting law professor at the Inter-American Comparative Law Institute at the University of Havana Law School, in Havana, Cuba, and Justus-Liebig-Universitat in Giessen, Germany. He has served as a member of the National Conference of Bar Examiners Multi-State Torts Drafting Committee and the American Law Institute. He has served on the Association of American Law Schools Committee on Accreditation, and the Supreme Court of Wisconsin Board of Bar Examiners. Bernstine has also been involved in Portland organizations such as the United Way of Columbia-Willamette. According to the Chronicle of Higher Education, Bernstine’s annual salary is about $340,000. He also receives about $50,000 toward his retirement. His total compensation is $390,000. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> <<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<< Mike S. Garrison Mike Garrison, 38, a native of Fairmont and the only finalist working in West Virginia, resigned Wednesday as chair of the Higher Education Policy Commission, a position he was named to in July 2006. The commission is responsible for developing, establishing and overseeing the implementation of a public-policy agenda for the state’s fouryear colleges and universities — including WVU. State law would have required Garrison to step down as chair if he was named WVU president. Garrison said he resigned prior to this week’s announcement that he is a candidate to avoid the appearance of any impropriety. According to the state Auditor’s Office, Garrison received no state salary for this job. He is a lawyer and the managing partner for the Morgantown office of Spilman, Thomas and Battle, PLLC, which has offices in West Virginia, North Carolina and Pennsylvania. Garrison is registered as a lobbyist with the West Virginia Secretary of State’s office. His clients include companies in the Morgantown area such as Mylan Laboratories and Platinum Properties. Two members of the WVU Board of Governors are on the board of directors at Centra Bank, another of Garrison’s clients. Garrison received a bachelor’s degree in political science and English literature from WVU in 1992. He served his alma mater as student body president. Garrison spent a year in England as a Rotary Scholar at Oxford, then returned to Morgantown to attend the WVU College of Law, which he graduated from in 1996. He teaches “Politics in West Virginia” at the university, though he is not teaching this semester. Garrison said he does not draw a salary for teaching this course. Garrison’s public service experiences include work as a legislative assistant for both Sen. Robert C. Byrd, D-W.Va., and Rep. Alan B. Mollohan, D-W.Va. Garrison was a member of former Gov. Bob Wise’s administration when he was appointed cabinet secretary of the Department of Tax and Revenue, in January 2001. In May 2001, Garrison became the governor’s chief of staff, a position he held until October 2003. Wise later appointed him to serve as a member of the commission in 2003. Garrison was a member of Joe Manchin’s transition team when he was elected West Virginia governor, in 2004. Garrison is active on many boards and associations related to the university. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> <<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<< M. Duane Nellis Nellis, 52, became Kansas State University’s provost in June 2004, after serving for seven years at WVU as dean of the Eberly College of Arts and Sciences. As provost, Nellis serves as chief academic officer of Kansas State, which has more than 23,000 students, 1,500 faculty, a budget of more than $683 million and research funding that exceeds $197 million. Nellis said he earns $220,000 a year as provost. Nellis also serves as a representative of the president and in place of the president during his absence. At WVU, Nellis led a capital fundraising campaign, oversaw the planning and construction of a $50 million Life Sciences building, and established a new Center for Writing Excellence and a Math Learning Institute. Nellis completed his Ph.D. in geography from Oregon State University in 1980 and accepted his first academic appointment at KSU. Prior to his departure in 1997 for WVU, Nellis served as head of Kansas State’s department of geography, and then senior associate dean of the College of Arts and Sciences, according to WVU News and Information Services. Nellis recently served as president of the Association of American Geographers, one of the largest professional geography organizations in the world. He is past president of the National Council for Geographic Education, past president of Gamma Theta Upsilon, the International Geographic Honor Society, past president of the Kansas Academy of Sciences, and serves as an executive committee member of the National Association of State Universities and Land Grant Colleges Chief Academic Officers. Nellis is recognized for his research using satellite data and geographic information systems to analyze various dimensions of the Earth’s land surface, according to WVU News and Information Services. This research has been funded by grants totaling more than $3 million from sources such as NASA and National Geographic Society. He has been recognized through numerous awards, such as being named a Fellow of the American Association for the Advancement of Science, National Honors from the Association of American Geographers and the AAG’s John Fraser Hart Award for Excellence in Research, At WVU, he received the Neil S. Bucklew Award for Social Justice in 2003 and the University’s Leadership Award for Safety in 2002. He is also an honorary member of Phi Beta Kappa and Golden Key National Honor Society. Nellis completed his undergraduate degree at Montana State University before pursuing his graduate work at Oregon State University. ________________________________________________________________________ AOL now offers free email to everyone. Find out more about what's free from AOL at AOL.com.

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(no subject)
by duane330＠aol.com 26 Mar '07

26 Mar '07

Hazardous Waste : EPA To Amend Universal Waste Rule To Include Hazardous Pharmaceuticals The Environmental Protection Agency is moving to regulate hazardous pharmaceuticals under its hazardous waste rules in order to ensure proper disposal so the drugs do not enter U.S. waters through wastewater effluent, an agency official said March 23. EPA will amend its universal waste regulations under the Resource Conservation and Recovery Act to include pharmaceutical products, according to Ed Ohanian, director of the Health and Ecological Criteria Division in the agency's Office of Water. Ohanian made his remarks at a congressional briefing on compounds of emerging concern that are finding their way into lakes, streams, and rivers. It was organized by the Water Environment Federation. Ohanian was describing EPA's regulatory and voluntary efforts to prevent the disposal of pharmaceuticals, cosmetics, and household chemicals into the environment. EPA's universal waste regulations at 40 C.F.R. §273 streamline hazardous waste management standards for federally designated "universal wastes," which include batteries, pesticides, mercury-containing equipment such as thermostats, and lamps, according to the agency. The regulations govern the collection and management of the widely generated wastes, thus facilitating environmentally sound collection and proper recycling or treatment, according to EPA. The purpose of the rules is to reduce hazardous waste in the municipal solid waste stream by making it easier for universal waste handlers to collect these items and send them for recycling or "proper" disposal. Ohanian did not say when the agency would propose a rule to include pharmaceuticals under the universal waste regulations. "We are working on it now," he said. In February, Ohanian said, the White House released guidelines on the proper disposal of prescription drugs to prevent misuse of the drugs and to prevent water and soil pollution (36 DEN A-7, 2/23/07). The guidelines, Proper Disposal of Prescription Drugs, provide five recommendations for handling drugs, including flushing them down the toilet, but only when the Food and Drug Administration specifies it can be done safely. The guidelines were developed by the White House Office of National Drug Control Policy, along with the Department of Health and Human Services and EPA. Also due out in December 2007 is a research strategy compiled by a White House task force charged with developing an integrated approach to identify research needs for pharmaceuticals and personal care products that are entering waterways, Ohanian said. Studies Expected Soon Aside from regulating hazardous pharmaceutical drugs under the universal waste rule, Ohanian said the Office of Water is working on three studies that will help the agency decide whether to regulate such compounds under the Clean Water Act. Under the water law, EPA can establish water quality criteria for pollutants and regulate discharges from water treatment plants, among other actions. Ohanian did not indicate what action, if any, the agency might take. According to Ohanian, the Office of Water expects to complete in December a study of fish tissue for the presence of 37 pharmaceuticals found in discharges from five treatment plants. Next year, it will finish a study of discharges from 10 publicly owned wastewater treatment plants to decide whether to require treatment of additional compounds, including pharmaceuticals. In December 2008, the office will complete a biosolids sludge study that tests for the presence of 75 contaminants and the risk they pose to the environment. Ohanian's remarks were underscored by Dana Kolpin, chief of the U.S. Geological Survey's toxic substances hydrology program, who told the briefing that the USGS has "definitive" evidence from laboratory experiments in Boulder, Colo., and other places around the country that chemical compounds found in pesticides, agricultural runoff, stormwater runoff, household detergents, and drugs that pass through wastewater treatment plants are responsible for "feminizing" male fish downstream of such plants. "Whether the feminizing of male fish affects populations as a whole is another whole field of study and is beyond my expertise," Kolpin told BNA after the briefing. "The estrogenic effect is occurring downstream of wastewater plants." By Amena H. Saiyid [The Bureau of National Affairs]. BNA's Daily Environment Report, March 26, 2007 ________________________________________________________________________ AOL now offers free email to everyone. Find out more about what's free from AOL at AOL.com.

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National Children's Study gets funds
by Duane330＠aol.com 08 Mar '07

08 Mar '07

WHAT IS THE NATIONAL CHILDREN'S STUDY? The National Children's Study will examine the effects of environmental influences on the health and development of more than 100,000 children across the United States with the goal to improve their health and well-being. The study has designated 105 locations in the United States where it will recruit and enroll eligible participants, and track them from before birth until their 21st birthday. The pace of the study preparations benefited from a recent Congressional appropriation of funds for fiscal year 2007. For more information, go to _http://www.nationalchildrensstudy.gov/about/mission/index.cfm_ (http://www.nationalchildrensstudy.gov/about/mission/index.cfm) <BR><BR><BR>**************************************<BR> AOL now offers free email to everyone. Find out more about what's free from AOL at http://www.aol.com.

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Cheat Snail -- Settlement Agreement
by Duane330＠aol.com 06 Feb '07

06 Feb '07

“Press Release – For immediate release.” February 6, 2007 FEDERAL COURT APPROVES SETTLEMENT TO PROTECT IMPERILED CHEAT SNAIL AND INDIANA BAT --- Land Set Aside for Endangered Species --- On February 5th, the U.S. District Court for Northern West Virginia formally ratified the “settlement agreement” involving Allegheny Wood Products and three plaintiff organizations. This settlement spells out a cooperative plan to protect the Cheat three-tooth snail and the Indiana bat in the Cheat Canyon, in Preston County, WV. Both are on the federal endangered species list, the snail is “threatened” and the bat is “endangered” under the Endangered Species Act. This lawsuit was filed on April 6, 2005 by the Cheat Lake Environment and Recreation Association (CLEAR), the Friends of Blackwater, and the State Chapter of the Sierra Club. AWP and these plaintiffs have worked hard to achieve this settlement which was submitted to the Court on February 1st, and it calls for continued cooperation to set up snail preserves during the remainder of 2007 and beyond. Paul Wilson, State Chair of the Sierra Club, said “The Sierra Club believes that this settlement agreement may be as good or better than the protections offered by "incidental take permits" and “habitat conservation plans”, as called for in the federal Endangered Species Act, particularly for the very rare Cheat three-tooth snail with the scientific name Triodopsis platysayoides. Three-tooth’ is a misnomer, as this snail has a single unique denticle (bump) of shell material in its shell opening.” Judy Rodd, Director of the Friends of Blackwater, said “We are very pleased that there has been a positive outcome from our litigation and that good science will be used to set up snail preserves. We thank our lawyers and the many individuals who contributed to protecting one of West Virginia’s most unique endangered species. Conservation of the unique habitat in the Cheat Canyon will also protect other rare species of plants and animals.” Duane Nichols, President of CLEAR, said “This is a “groundbreaking” achievement. A unique program has been structured to bring a systematic approach to bear on the protection of imperiled species on private lands.” He is very pleased that a cooperative agreement has been reached and is looking forward to its implementation. Initially, six Preserves and two adjoining Adjunct preserves are being set aside for protection of the snail, on the north side (‘river right’) of the Cheat River. One Preserve on the south side (‘river left’) at Cornwell Cave will also offer protection for the Indiana bat. Logging will now resume in the current area of operations with pre-selected regions being preserved to protect the Cheat snail. These areas are currently marked with plastic ribbons and will be marked via painting rings on trees over the coming months. Within 45 days a panel of snail experts will be assembled “to determine on the basis of the best scientific data available the proper criteria to apply to identify potential habitat”. This applies to areas slated for future logging that scientists believe may be especially important to the snail. Seventy-five days have been allotted for the preparation of such a report, fifteen days for review of the report and thirty more days to finalize it. A “delineation team” will then be selected to actually visit the areas slated for future logging so as to apply the results of the expert panel. Within 240 days, AWP and the three named organizations will seek the advice of the panel of experts on possible research projects related to the conservation of the snail and/or its habitat. Further, special provisions have been made in the settlement to limit the road building on the Allegheny Trail, on the old railroad bed, that passes through the Canyon. This Trail is to subsequently be opened again, although some limitations will still prevail. The plaintiff organizations are represented by Joshua Barrett of the law firm DiTrapano Barrett & DiPiero, Charleston, WV. He is assisted by Erin Tobin and Eric Glitzenstein of the law firm Meyer Glitzenstein & Crystal, Washington, DC. Contacts: Duane Nichols, CLEAR 330 Dream Catcher Circle Morgantown, WV 26508 304-599-8040 Judith Rodd, Director Friends of Blackwater 501 Elizabeth Street, Room 3 Charleston, WV 25311 304-345-7663 Paul Wilson, Chapter Chair The Sierra Club of West Virginia 504 Jefferson Avenue Charles Town, WV 25414-1130 304-725-4360

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Update On Recent Activities
by Duane330＠aol.com 05 Feb '07

05 Feb '07

CLEAR Update: 1. Cheat Three-tooth Snail. A proposed Settlement of the federal law suit involving the logging company Allegheny Wood Products and three Plaintiffs – CLEAR, State Chapter of the Sierra Club, and Friends of Blackwater, was submitted to the Federal District Court of Northern West Virginia on February 1, 2007. This is described in the news article at the end of this Update. We are hopeful and optimistic that the Settlement will be approved by the Court. 2. Longview Power Plant. CLEAR is one of the three organizations and individuals making up the Intervenor named Barbara Born, et al. (aka “Concerned Citizens”. The other two are the Citizens for Responsible Development and the Citizens for Alternatives to Longview Power (aka CALP, now an integral part of the Mon Valley Clean Air Coalition). Concerned Citizens participated in the Public Hearing at the Public Service Commission on January 14, 2007, to raise concerns about the regional and environmental impacts of the proposed changes that Longview is requesting to be made in the proposed power plant, now to be 695 MW. Concerned Citizens submitted an Initial Brief on January 31st and will file a Reply Brief on February 5th. These and the other documents can be viewed on the following web site: _www.psc.state.wv.us_ (http://www.psc.state.wv.us) , then select “Case Information”, then “Case”, and search on the name “Longview”. You can then “View Activity”. 3. Recreation Plan for Cheat Lake Park & Trail. This is a priority area of interest to CLEAR. Documents were filed in 2006 in support of more cooperative involvement of Allegheny Energy with CLEAR and other local organizations. Some preliminary progress has been made in recent talks with AE. 4. Erosion, Subsidence, Debris. Shoreline erosion, hillside subsidence, and lake debris are all significant topics on which progress has been slow. Recent talks have suggested some avenues for progress on shoreline erosion. Alternatives are being explored at the present time. 5. Swimming beach. CLEAR continues to support the establishment of a swimming beach with public access on Cheat Lake. The preferred site is just inside the 6. Funding. CLEAR completed a $ 5,000 study of water quality at specific locations in the Lake in 2006, under the WV Stream Partners program. The Monongalia County Commission has provided $ 2,000 for recreational programming in fiscal 2006-2007, to be spent by the end of June 2007. And, CLEAR will apply for an additional $ 2,000 for the coming fiscal year. 7. Office. A one room office is being rented at 219 Wall Street in downtown Morgantown for CLEAR activities. This is near the Courthouse, Public Library, downtown Campus of WVU, and Morgantown postoffice. This room adjoins the offices of Downstream Strategies and of Friends of Deckers Creek. It is just one block away from the office of the Coopers Rock Foundation. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> “Cheat canyon logging lawsuit to be settled” Logger cedes to environmentalists, says it will protect endangered bats, snails. In Charleston Gazette Feb 2, 2007. By VICKI SMITH, Associated Press Writer, 02-01-2007. MORGANTOWN, W.Va. (AP) _ A company planning to cut timber in sensitive parts of the scenic Cheat River Canyon has agreed to protect habitat for two federally endangered species and settle a 2005 lawsuit filed by three West Virginia environmental groups. Documents filed with the Northern District of U.S. District Court indicate both Allegheny Wood Products and the environmentalists want to settle the lawsuit, which argued logging posed a hazard to the Indiana bat and the Cheat three-toothed snail, a species known to exist only in the canyon. If approved by Judge Frederick P. Stamp, the proposed settlement filed late Wednesday would require Allegheny Wood Products to set aside six snail preserves on the north side of the canyon and one on the south, then protect them from all logging activity. The company would similarly protect bat habitat, conduct walkthroughs of the preserves and buffer areas, then file a written report before starting to log nearby. The lawsuit was filed by the Cheat Lake Environment and Recreation Association, the West Virginia chapter of the Sierra Club and Friends of Blackwater. It argued AWP had failed to conduct surveys of Indiana bats on the property despite the presence of caves and abandoned mines. Duane Nichols, president of the Cheat Lake group, said both sides are hopeful Stamp will approve the agreement, which would launch unprecedented cooperation between AWP and environmental activists. "What it means is we're going to work cooperatively with Allegheny Wood Products to jointly provide protection," he said Thursday, declining further comment until the deal is approved. "It's a partnership," added Judy Rodd, director of Friends of the Blackwater. "We're looking for some solid science to protect a very rare species for West Virginia, and we think it's in the public interest. We're very pleased we were able to come together. "It's a long-term relationship with a lot of work to be done," she said, "but I think it's exciting for both sides." AWP spokeswoman Donna Reckart said the company is concerned about threatened species and is pleased the two sides could agree on a protection plan. "This gives us the opportunity to continue managing our property in the future, but also to protect those species," she said. "It shows that it can be done, that land does not just have to be locked up forever because endangered species are found on that land." Allegheny Wood Products acquired nearly 5,000 acres from Allegheny Power in 2003 for $9.75 million and began building roads, cutting trees and planning logging activities the following year. The scenic Cheat River begins near Albright in Preston County and flows into Cheat Lake near Morgantown, about 70 miles south of Pittsburgh. Some trees that were slated to be cut are visible from Coopers Rock State Forest, which has a lookout for tourists near Morgantown. The proposed settlement requires the parties to choose a team of experts that would delineate the preserves and buffer areas. The environmental groups agree to raise money to cover half the costs incurred by the team, though AWP agrees to foot the bill up front if the money isn't raised before the final report. The proposal also limits road improvements Allegheny Wood Products had planned and requires the company to use temporary, portable bridges for moving logs when it can't cut trees without crossing a protected area. ¶ Under the settlement, AWP also agrees to provide escorted daylight access to the protected areas so the environmentalists can monitor the logging activities. ¶ Once the plan is fully implemented, AWP would open the north side of the canyon to limited public access, but deny motorized and wheeled vehicles. ¶ Camping and hunting would also be banned, and the area could be closed during rifle seasons and when AWP is working in the area. ¶ On the Net: _http://www.manandmollusc.net/Cheat-threetooth/Cheat-threetooth.html_ (http://www.manandmollusc.net/Cheat-threetooth/Cheat-threetooth.html)

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Progress and Action A.S.A.P.
by Duane330＠aol.com 14 Jan '07

14 Jan '07

CHEAT LAKE ENVIRONMENT AND RECREATION ASSOCIATION CLEAR Activities Report, January 11, 2007 CLEAR completed work under a special grant of $5,000 under the Stream Partners program of the State of West Virginia at the end of September 2006. These funds were kept in a separate bank account so as not to be co-mingled with the other (regular) funds of CLEAR. It was confired that from time to time the lake shows significant levels of fecal coliform or E. coli, such that some precautions should be taken by swimmers others in contact with the water; but, in general, most areas show a water quality that is reasonably good – most of the time. After heavy rains, the turbidity increases and the bacterial count also rises, as contamination upstream is washed into the main body of the Lake. We have purchased two portable instruments to monitor the waters of the Lake and feeder streams during the coming months. One is a portable meter for simultaneous measurements of pH, conductivity and temperature. The other measures “turbidity”, which is related to the amount of fine suspended ‘solids’ in the water that cause the water to be cloudy or opaque. We are planning to meet with Colonel Fields, the new supervisor of security at the Cheat Lake Park and Trail, to discuss recreational enhancements and possible joint activities This planning is expected to be complete by April 1, 2006 with immediate implementation possible. Such a trial program could provide needed information for the longer term recreational programs at the Park and Trail. Other programs planned for the spring include a public lecture on the natural environment of Cheat Lake and surroundings, a program on boating safety in cooperation with the WV Department of Natural Resources, etc. We recently discussed the problems of shoreline erosion with Allegheny Energy. While the problem is a difficult one, at least two significant projects were identified for possible adoption. These are currently being explored. [A related problem is caused by floating debris; this too is a difficult problem, but one worthy of consideration this spring.] Settlement negotiations are continuing with AWP regarding protection for the Cheat three-tooth snail and the Indiana bat in the Cheat Canyon. The law suit in federal district court includes CLEAR, the Friends of Blackwater, and the State Chapter of the Sierra Club as plaintiffs. It was reported to the federal court yesterday that significant progress towards a settlement has been made. CLEAR is a participant with Citizens for Responsible Development and Citizens for Alternatives to Longview Power (CALP) and other “concerned citizens” regarding the proposed 600 MW Longview power plant. We have recently provided information and motions to the Public Service Commission requesting that Longview provide proper “public notice” of proposed changes in their plans. These changes include an increase to 695 MW output with the same coal input, larger buildings (the turbine building would be 20% taller), more water consumption (12% increase), and other possible impacts. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> ACTION ITEMS LOOKING FORWARD Please email me as soon as possible if you will be able to join in a working group starting in February on one of the following topics: 1. Recreation programs at the Park and Trail. 2. Shoreline erosion and lake debris control. 3. Boating and swimming safety. 4. Planning and sustained development around the Lake. 5. Public Lecture program: The natural environment, boating and swimming safety, planning & sustained development in the Cheat Lake area, etc. Which of these activities could you work on during February thru August? >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> Respectfully submitted, Duane Nichols, CLEAR President _duane330(a)aol.com_ (mailto:duane330@aol.com)

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Reducing Global Impacts of CO2
by Duane330＠aol.com 12 Nov '06

12 Nov '06

**************For Immediate Release************** Subject: The Cool Cities Program on Global Warming Title: Reducing the Impacts of Carbon Dioxide Emission Contact: Joshua Rutkowski 304-296-3967 jrutkow(a)gmail.com Date: Wednesday, November 15th 2006, at 7 pm. Place: Morgantown Public Safety Building Concerned about global warming and its influence on our future? Join us for a meeting about taking charge of our own carbon dioxide emissions. Citizens, businesses and community leaders will be meeting this Wednesday at 7 p.m. in the Morgantown Public Safety Building to discuss our local impact on global warming. The meeting will cover how Morgantown can take responsibility for its carbon dioxide emissions. The Mon Valley Clean Air Coalition joins the Monongahela Chapter of the Sierra Club as sponsors of this event. Please come on out, and help out; it's not too early; and, it's not too late.

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Snail litigation on hold.
by Duane330＠aol.com 12 Nov '06

12 Nov '06

CHEAT CANYON LITIGATION UPDATE The latest information is as follows: The litigation is on hold until November 30th, negotiations were ordered by Judge Stamp of the federal district court in Wheeling. Further information will be provided as it becomes available. Additional funds are needed. Please help out if you can. Thank you, Duane.

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(no subject)
by Duane330＠aol.com 12 Nov '06

12 Nov '06

CHEAT CANYON LITIGATION UPDATE Litigation between Allegheny Wood Products (AWP) and Friends of Blackwater, West Virginia Sierra Club, and Cheat Lake Environment and Recreation Association has been rescheduled. The case will open on November 14th in Wheeling, WV. AWP has agreed not to restart logging operations in the Cheat Canyon until there is a ruling. The Endangered Species Act stipulates that whenever an activity will result in the disturbance (killing) of federally listed endangered species the company responsible for the disturbance must file for an "incidental take permit". This requires that a Habitat Conservation Plan (HCP) be prepared and approved. This does not prevent the activity from occurring, but does insure that steps will be taken to protect the habitat of an endangered species. AWP makes the unlikely claim that they can log the Cheat Canyon without disturbing the Cheat three-tooth snail, and therefore they need not prepare an HCP. They base their position on a very questionable study in which snails were searched for in late fall, during the dormant part of their life cycle. The plaintiffs dispute this and want the endangered species act enforced. They believe that there is habitat consistent with the snail throughout the Canyon, particularly the river right bank below Even Nastier Rapid, which is where AWP plans to log next. The three environmental organizations have paid for an extensive Cheat Snail Habitat Study and have excellent pro-bono representation. However, they are short of funds to pay travel costs and other expenses of their lawyers. Attorney Josh Barrett (from Charleston) and Eric Glitzenstein and Erin Tobin (from Washington, DC) have traveled extensively to take depositions and participate in pretrial conferences. They will need to travel to Wheeling for up to three days in November. They have prepared a strong case. Your continued support is needed. Please make checks payable to "CLEAR" with the notation "Cheat Snail Project" and sent to: Donna Weems, Treasurer Cheat Lake Environment &Recreation Association 320 Dream Catcher Circle Morgantown, WV 26508

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Lake level down til Wed eve
by Duane330＠aol.com 09 Nov '06

09 Nov '06

To: CLEAR Lakers RE: Lake level down to 860 for maintenance to winter fishing boat ramp at the Cheat Lake Park, 10 feet below summer pool height Anyone wishing to explore the Lake at low "tide" will find that the Lake level is now 10 feet below its normal summer pool height. This level is 860 feet above sea level. The level will be maintained at 860 until Wednesday evening. The level will be kept at 860 for maintenance work by WV Department of Natural Resources on the "new" boat ramp, which is open only from November 1st to May 1st each year. You can get a strange and interesting perspective on the Lake when the level is down........... almost "wild and wonderful".......though a bit unsightly................. ........see those islands out there, some are natural as seen on maps prepared before the lake was created. Duane See also: _www.cheatlaketoday.com_ (http://www.cheatlaketoday.com)

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Snail Trial On Hold
by Duane330＠aol.com 07 Nov '06

07 Nov '06

RE: Three-tooth Snail in Cheat Canyon The case has been "stayed" so that the parties pursue court-ordered negotiations. The parties have been directed to report to the Court by November 30. AWP has agreed and represented to the Court that it will not do any road-building or logging in the Cheat Canyon until either the parties come to a settlement or, failing settlement, the court issues a ruling that would allow them to go forward. As you may recall, AWP has not filed for an "incidental take permit" or a "habitat conservation plan" for the Cheat Canyon logging operations, so as to protect the very rare and endangered "Cheat three-tooth snail". We are being represented by Josh Barrett, Esquire, of Charleston, WV; and, he is being assisted by two lawyers from Washington, DC, who are well versed on the "endangered species act", namely Erin Tobin and Eric Glitzenstein. CLEAR is one of the parties in this case, along with the State Chapter of the Sierra Club and the Friends of the Blackwater. Let me know if you have any questions at this time. So, the trial is on hold at this time. We will find out more on November 30th. Thank you for your interest, support and assistance. Let me know if you have ideas for fund-raising. Duane Nichols, CLEAR President Contributions can be sent to: Donna Weems, CLEAR Treasurer 320 Dream Catcher Circle Morgantown, WV 26508

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WV Sustainable communities project
by Duane330＠aol.com 25 Oct '06

25 Oct '06

Arbogast to lead WV Sustainable Communities Project CHARLESTON – An expert in sustainable communities with a special interest in ecotourism has been named project leader of the next West Virginia Sustainable Communities Project. Doug Arbogast, a Pennsylvania native and avid outdoor enthusiast, will lead six young adult interns in their efforts to conduct pollution prevention projects focused on energy efficiency, water conservation and waste minimization throughout 2007. The project will begin in January and will focus on all four sectors of the community including homes, schools, businesses and community institutions. “This is such an amazing opportunity for us, not only to continue on with this grassroots effort, but to see what people can do when you give them the right tools,” Arbogast said. “We are right now building an enthusiastic and committed team of interns who are willing to roll up their sleeves and make a difference one person, one community, one county at a time.” The project is a joint effort of the West Virginia Department of Environmental Protection, the Claude Worthington Benedum Foundation and the Student Conservation Association – Students Conserving America. In 2005-2006, a team of SCA interns was based in Summersville to target Nicholas and Braxton counties. In 2007, the momentum will continue in those areas while also targeting Gilmer and Fayette. There will be a statewide outreach and education campaign, but these four counties are targeted specifically because they are Alliance of West Virginia Champion Communities, which is a publicly and privately funded grassroots movement to empower communities to achieve sustainable development. “We will strive to have as broad an impact as possible while working hard to make a difference to individual citizens and communities,” he added. Arbogast earned his bachelor’s in environmental geo-science and a master’s in recreation, parks and tourism resources from West Virginia University. He was involved in the implementation in Richwood and Pineville of “Creating A Value Added Community Curriculum,” a pilot project for Appalachian communities developed to provide a business plan for poverty reduction and the creation of community wealth. He has served as a project coordinator for the West Virginia Ecotourism Association and earned a certificate in ecotourism planning and management from Humboldt State University in Arcata, Calif. He, his wife Susan and daughter Abby will reside in Fayette County during the project. For more information on the program, contact Arbogast at (304) 846-4268, (304) 619-0668 or _darbogast(a)thesca.org_ (mailto:darbogast@thesca.org) . >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> Wednesday, October 25, 2006 @ 1:16 PM ============================================================ Sustainable communities program seeking interns CHARLESTON – Young adults with an interest in the environment and sustainability are encouraged to apply online for an internship with the West Virginia Sustainable Communities Project. This unique internship, which begins in January, offers young adults a chance to make a difference in the Mountain State. They will be part of a team that will conduct pollution prevention projects focused on energy efficiency, water conservation and waste minimization. The project focuses on all four sectors of the community: homes, schools, businesses and community institutions. Online applications will be accepted through Nov. 20. Members of the corps will conduct energy audits, help communities start recycling and composting programs, construct rain barrels, promote national and state programs related to conservation, and provide outreach and education through group presentations. They also will operate displays at community events and develop educational programs for schools and youth groups. Interns will spend half of their time in the field and the other half conducting research and coordinating events. They will report to a project leader. The project is a joint effort of the West Virginia Department of Environmental Protection, the Claude Worthington Benedum Foundation, and the SCA – Students Conserving America. In 2005-2006, the program was based in Summersville so interns could target Nicholas and Braxton counties. In 2007, it will keep the momentum going in those areas while also targeting Gilmer and Fayette. There will be a statewide outreach and education campaign, but these four counties are targeted specifically because they are Alliance of West Virginia Champion Communities, which is a publicly and privately funded grassroots movement to empower communities to achieve sustainable development. Candidates must have a valid driver’s license and a clean driving record. They should have strong interpersonal skills, the willingness to work as part of a close team, the ability to work independently when necessary, a strong commitment to service, and a passion for sustainability issues. Experience in pollution prevention projects and programs as well as a background in environmental studies and sustainable practices are also desired. Housing and a stipend will be provided. Interns will be based in Fayette County. For more information and to apply online, go to www.thesca.org, select internships and jobs then West Virginia Sustainable Communities Project. For more information on the project, contact Doug Arbogast, project leader, at (304) 846-4268 or (304) 619-0668. E-mail him at darbogast(a)thesca.org. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

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Membership status...last call.
by Duane330＠aol.com 19 Oct '06

19 Oct '06

LAST CALL FOR PAYING MEMBERSHIP DUES FOR 2006 Please indicate to Donna Weems whether you wish to sustain your formal membership in the Cheat Lake Environment and Recreation Association, aka: CLEAR. We need you to be formally associated if possible so that our pleadings will have standing and substance before the WV Supreme Court in the Longview case, the federal District Court in the AWP Cheat three- tooth snail case, and the Federal Energy Regulatory Commission in the recreation plan update for the Cheat Lake Park and Trail. The Mon County Commission expects us to account for our membership, as they have consistently provided some operating funds. This year they are providing $2,000. Annual dues are $15 for an individual and $25 for a family. Please let Donna Weems hear from your regarding your dues and membership status. The CLEAR Board recognizes that service to CLEAR and its mission can be substituted for a monetary payment. So, if you prefer to serve on a Committee or work on a project, let us know a.s.a.p. This matter needs to be taken care of before the end of October. Thank you, Duane Nichols, President. CONTACT INFORMATION: Donna Weems, CLEAR Treasurer, 320 Dream Catcher Circle, Morgantown, WV 26508. Phone: 599-2867, email: dweems(a)mail.wvnet.edu >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> p.s. A "storm water permit" was granted to Longview Power on October 16th by the West Virginia Department of Environmental Protection. This permit is under study by the Fort Martin Community Association. This group submitted extensive comments on the permit applications and are considering an appeal during the 30 day appeal period. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> p.s. The federal trial seeking a habitat conservation plan for the Cheat three- tooth snail has been moved to Wheeling, under Judge Stamp. We have a "scheduling conference call" with him this coming Monday morning. So, the trial dates of October 31, Nov. 1 and 2 may well be changed. I'll let you know as soon as possible. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

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Lake level, November 1st.
by Duane330＠aol.com 19 Oct '06

19 Oct '06

Attention Cheat Lake Property Owners and Boaters Allegheny Energy will begin lowering the water level at Cheat Lake beginning on Wednesday, November 1. The lake will be lowered 1’ to 2’ daily until the 860’ level. This is approximately 10’ below normal level. Once this level is reached it will be maintained at approximately 860’ for 5 to 7 days while the West Virginia Department of Natural Resources makes repairs to their winter boat launch ramp at Cheat Lake Park. Once the work is complete, the lake will return to the normal winter levels, which fluctuate between 857’ and 870.’ As a reminder, Allegheny maintains the following water levels at Cheat Lake in accordance with our federal license. Lake Level Limits: Winter (November - March): 857' - 870' Spring (April): 863' - 870' Summer(May - October): 868' - 870' For more information on Cheat Lake and real-time lake level readings, visit www.cheatlaketoday.com. [The above was prepared by Allegheny Energy on October 16, 2006.]

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proposed Longview power plant............
by Duane330＠aol.com 17 Oct '06

17 Oct '06

THE PROPOSED LONGVIEW POWER PLANT On October 12th, 90% Ownership of Longview, LLC was assigned to GenPower Holdings, L.P., a Cayman Islands Limited Partnership, according to documents filed with the WV Public Service Commission. See below. [Note: The announcement that Longview has acquired $1.8 billion in financing is incomplete without a full disclosure of all the conditions and stipulations attached thereto. It would be in the public interest for these conditions to be known, as they are relevant to the public understanding of this proposed power plant project. We do know that the Siting and Transmission Certificates are under appeal to the WV Supreme Court of Appeals, the preliminary hearing being scheduled for October 24th at 10 a.m. in Charleston. We also know that the Storm Water permits for construction and for operation have not been granted, as is the case for a few other permits.] Duane Nichols, Convenor, MVCAC. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> NOTICE OF TRANSFER OF OWNERSHIP OF LONGVIEW POWER, LLC Comes Longview Power, LLC (“Longview”) by counsel, and provides notice to the Public Service Commission (“PSC” or “Commission”) that the ownership of Longview Power, LLC has been transferred in part to a third party. Longview will retain both the Siting Certificate for the facility and the Certificate of Convenience and Necessity for the transmission line. Longview makes this notice even though a change in the ownership of Longview does not require notice to the Commission under either the certificate of site approval statute or regulations. The PSC’s regulations, as quoted below, require notice to the Commission only if the Siting Certificate itself is transferred or assigned to a new owner. In the case of the transmission line certificate of convenience and necessity, Commission approval is required only when a public utility holds the certificate, and Longview is not a public utility. 1. Under the Exempt Wholesale Generator (EWG) Siting Regulations, 5 150-30-7.1, the Commission must be given thirty days’ notice of a transfer of ownership or assignment of an siting certificate: [The owner or operator shall, at least 30 days prior to the closing date of such transfer or assignment, provide the Commission with notice of the identity of the transferee, the mailing address of the transferee, the name and mailing addresses of the management members or officers of the transferee and an affidavit of the transferee stating that the transferee agrees that it is bound by all terms and conditions of the Siting certificate for the 24-2-1 1 (c) facility.] 2. Under West Virginia Code (“WVC”) §24-2-12(g) a public utility must obtain advance approval from the Commission before a third party “acquires directly or indirectly a majority of the common stock of any public utility organized and doing business in this state.” 3. The Commission has specifically held that Longview, like other EWG facilities, is not a public utility. Longview Power, LLC, Case No. 03-1 860-E-CS, Order entered August 27, 2004, (“[T]he Commission recognizes that an exempt wholesale generator is not a regulated public utility., .”), p. 117. 4. The Commission has specifically held that the “enactment of W.Va. Code $24-2-1 IC, clarified that the requirements of W.Va. Code §24-2-12(g) do not apply when an EWG decides to sell or otherwise transfer a siting certificate issued by the Commission.” [Nedpower Mount Storm, LLC and Shell Windenergy, Inc., Case No. 05-1486-E-PC, Conclusion of Law, No. 1, Order entered December 14,2005, p. 10. ] 5. Though the Siting Certificate and the Certificate of Convenience and Necessity are not being transferred or assigned, Longview has elected to provide this notice to the Commission of the transfer of ownership. 6. On October 12, 2006, GenPower, LLC transferred ninety percent (90%) of its membership interest in Longview to GenPower Holdings, L.P., a Cayman Islands Limited Partnership: On that date the ownership of Longview became: 90% Ownership - GenPower Holdings, L.P. 10% Ownership - GenPower, LLC. 7. The mailing address of GenPower, LLC is 1040 Great Plain Avenue, Needham, MA 02492. 8. The names and addresses of the managing members of GenPower, LLC are as follows: Robert D. S. Place, Chairman and Managing Director, 1040 Great Plain Avenue, Needham, MA 02492. John A. O’Leary-Vice Chairman and Managing Director, 1040 Great Plain Avenue, Needham, MA 02492. 9. The mailing address of GenPower Holdings, L.P., is 1 Lafayette Place, Greenwich, CT 06830. 10. The directors of GenPower Holdings, L.P. are as follows: Anne E. Gold, 1 Lafayette Place, Greenwich, CT 06830 Mark McComiskey, 1 Lafayette Place, Greenwich, CT 06830 11. Longview acknowledges that it remains obligated and bound by all terms and conditions of the Siting Certificate and Certificate of Convenience and Necessity issued by the Commission in the above-referenced cases and will ensure that the terms and conditions of the Siting Certificate and Certificate of Convenience and Necessity are met. 12. Longview will continue to be responsible for compliance and reporting on the same to the Commission. Longview will continue to honor all agreements entered into with third parties relating to the construction and operation of the EWG facility and transmission line. LONGVIEW POWER, LLC By Counsel Lynn C. Photiadis, Esquire (SB #284) Bowles Rice McDavid Graff & Love LLP 600 Quarrier Street, Post Office Box 1386 Charleston, West Virginia 25325-1386 Counsel for Longview Power, LLC

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Blackwater Canyon flows to Cheat River
by Duane330＠aol.com 16 Oct '06

16 Oct '06

OCTOBER 16, 2006 UPDATE: WV HISTORY THREATENED!!! 466 Comments received so far. Help us generate another 500 by Friday October 20, 2006. ACTION ALERT: Protest the Destruction of West Virginia History on the Blackwater Canyon Trail. Don’t let the US Forest Service Misuse the Historic Review (106) Process on the Canyon Trail and Blackwater Industrial Complex. Demand that the federal government avoid destruction of these important cultural resources -- a monument to West Virginia workers. Click the button below to learn more and to send a letter to the US Forest Service and the State Historic Preservation Office to stop the degradation of our history. Click the button below to TAKE ACTION! NEWS COVERAGE!!!!!!!! This issue was recently discussed in an article, written by Ken Ward, Jr., which appeared in the Charleston Saturday Gazette-Mail on October 14, 2006. Click here to view a text version of the article. If you prefer to submit your comments via US Mail, Fax or Phone. Please click here for contact information.

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Monitoring Instruments
by Duane330＠aol.com 11 Oct '06

11 Oct '06

CLEAR Monitoring Instruments 1. We now own a LaMotte 2020e Turbidity Meter. The “e” indicates that this instrument meets EPA guidelines for turbidity measurement. This is a portable meter with calibration solutions provided for accuracy. It can store data for subsequent downloading. Approximately half the cost was covered by our Stream Partners grant and the remainder from our general fund. 2. We now have twelve votes in favor of the purchase of a handheld pH meter that can also do conductivity and temperature. With help from Tim Craddock of WV-DEP, we have selected the Oakton EW-35630-02 Multimeter. This is a handheld device with three-in-one multi-sensor probe with 10 foot submersible cable for pH, conductivity and temperature. Three-point pH calibration and four-point conductivity calibration provides for high accuracy. The price is $587. In addition to three or four boats available for summer use, Mike Strager has volunteered to put his fishing boat to use in Lake monitoring during the (winter) months of low pool height. We also plan to continue monitoring from various shore line points throughout the year. Generally, days of high bacterial count also have elevated turbidity, although a specific high turbidity does not predict a specific level of fecal coliform or E. coli. PLEASE LET ME KNOW A.S.A.P. IF YOU HAVE ANY FURTHER QUESTIONS OR COMMENTS, AS WE NEED TO USE SOME OF THIS MONEY OR RETURN IT TO THE MONONGALIA COUNTY COMMISSION. Thank you, Duane

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Local hot climate...Post Gazette
by duane330＠aol.com 06 Oct '06

06 Oct '06

URL for article: http://www.post-gazette.com/pg/06279/727848-113.stm Study says Pittsburgh to be one hot town Fossil fuels seen to cause soaring temperatures here Friday, October 06, 2006 By Don Hopey, Pittsburgh Post-Gazette "Hot enough for you?" It's a common, sweltering, summertime query on the streets of Pittsburgh, but no matter what your response, you ain't seen nothing yet. James Hilston, Post-Gazette A new two-year study of climate change projections in the northeastern United States. By the end of this century, summers in Pittsburgh could resemble those in Georgia or Alabama if we continue the unabated burning of fossil fuels -- coal, oil and natural gas, according to a new two-year study of climate change projections in the northeastern United States. The Northeast Climate Impacts Assessment report released Wednesday says Pittsburgh, which annually averages nine days above 90 degrees and one day above 100 degrees now, could, by 2100, see 66 days above 90 degrees and 24 days above 100 degrees. Even if we begin to substantially reduce emissions of heat-trapping gases today, Pittsburgh's summer in 2100 will still warm up to resemble the temperatures now found in Kentucky and Virginia. That means the city will experience 30 days above 90 degrees and six days above 100 degrees. Such extreme heat can be problematic in urban areas, where it is amplified by the heat island effect and can create dangerous, unhealthy conditions for the elderly, children and other vulnerable populations. "The very notion of the Northeast as we know it is at stake," said Cameron Wake, co-lead author of the report and research associate professor at the University of New Hampshire's Climate Change Research Center. "The near-term choices we make in the Northeast and around the world will help determine the climate and quality of life our children and grandchildren experience." The assessment of how global warming may further affect the climate of Pittsburgh, and other areas in the northeastern United States, uses projections from three sophisticated, independently run climate change models. Each model compared what would happen if higher emissions of heat-trapping gases -- primarily carbon dioxide -- continued, to an alternate scenario in which emissions were substantially reduced. In both scenarios, the Northeast will experience significantly higher temperatures through the century's midpoint. But if immediate action is taken to cut emissions by 3 percent annually using existing, proven technologies, heat-trapping emissions would peak by mid-century and then decline, significantly reducing peak temperatures by the turn of the century. Taking the present, higher emissions path, winters here could warm by 8 to 12 degrees and summers by 6 to 14 degrees. Projections on the lower emissions path show increases of 5 to 7.5 degrees in winter and 3 to 7 degrees in summer. The higher temperatures will mean less snow throughout the Northeast. By the end of the century, the length of the winter snow season could be cut in half and the character of the seasons will change significantly if emissions are not reduced. Already, the report said, climate is changing in noticeable ways. Temperatures have been rising, particularly in winter, snow cover is decreasing and spring is arriving earlier. That doesn't sound so bad, but the smaller snow pack and higher summer temperatures will reduce the water supply, which will be further depleted by a longer growing season. Annual droughts are probable. "The character of the Northeast is already changing," said Katharine Hayhoe, a co-author of the report and research associate professor at Texas Tech University's Department of Geosciences. "Do we want to continue using fossil fuels at the present rate when we are, in effect, picking up the Northeast and moving it to the South?" M. Granger Morgan, head of the Department of Engineering and Public Policy at Carnegie Mellon University, said the conclusions of the new report are very similar to those of a U.S. Global Change Research Program study of climate change impacts on the United States done in 2000. "We're already committed to significant climate change. The question is can we decarbonize the electric system of the U.S., and the answer is yes for about 20 percent more than the current delivered price of electricity," said Mr. Morgan, who did not participate in the study but is an internationally recognized expert on climate change policy. "People who argue that a policy like that will wreck our economy are not paying attention to the current technology available." Though climate change is a global issue, the Northeast, from Pennsylvania through Maine, plays a big role. According to the report, the nine-state region produces more carbon dioxide emissions than all but six nations. In the Northeast, transportation emissions account for the most emissions, one-third of the total, and electric power plant emissions total just under one-third. Peter Frumhoff, Union of Concerned Scientists director of the Global Environment Program, said a simple "replacement strategy" -- using fuel-efficient, low-emission or no-emission technologies already available -- could allow the region, nation and world to reduce emissions by as much as 3 percent a year over the next 25 years. "Right now we're adding fuel to a fire and it will burn more intensely if we don't make changes," said William Moomaw, professor and director of the Center for International Environment and Resource Policy at Tufts University. "Doing nothing is the worst action we can take." The Northeast Climate Impacts Assessment is a collaboration of the Union of Concerned Scientists and a 14-member team of climate experts to assess climate change and its impacts on the northeastern United States. The group already has begun a follow-up round of analyses to assess climate change impacts on forests, agriculture, coastal areas, urban centers and human health, as well as options for mitigation and adaptation. A report is expected early next year. "Our forests will be affected by higher temperatures and lower water, as will our agriculture and public health, even under the aggressive lowering of emissions. We need to prepare and cope with the changes because the impacts are now unavoidable," Mr. Frumhoff said. "And our potential to cope is a factor of the emissions choices we make today. The chance we have now is to minimize the stresses on the system by minimizing emissions of heat-trapping gases." (Don Hopey can be reached at dhopey(a)post-gazette.com or 412-263-1983. ) ________________________________________________________________________ Check out the new AOL. Most comprehensive set of free safety and security tools, free access to millions of high-quality videos from across the web, free AOL Mail and more.

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Approval needed..........
by Duane330＠aol.com 02 Oct '06

02 Oct '06

Greetings to CLEAR members and friends......... Today, the activities under our Stream Partners grant come to a close, after seeing quite a number of sampling campaigns on Cheat Lake and its feeder streams........ a report and summary are in preparation. We have permission to spend the remaining $470 on a portable turbidity meter that can be used to monitor the Lake at various locations during the coming months and years. We will need to dip into our regular CLEAR bank account of approximately $2500 to cost share the cost of this instrument in the amount of $450. In addition, it is proposed that we purchase a portable (hand- held) meter that will simultaneously do the pH, conductivity, and either temperature or dissolved oxygen. This will cost approximately $500. That would reduce our regular account balance to around $1500. Then, our annual allocation from the Monongalia County Commission is $2000 this budget year; this is money we can claim now via a letter of request. This will bring our regular account balance to $3,500. PLEASE INDICATE IF YOU HAVE QUESTIONS AND/OR IF YOU APPROVE OF THE ABOVE RECOMMENDED PURCHASES. ALSO, IF YOU HAVE SUGGESTIONS OF PROJECTS FOR THE COMING THREE MONTHS OF 2006, OR FOR THE SPRING AND SUMMER OF 2007, PLEASE LET US KNOW AS SOON AS POSSILE. Best wishes for a most colorful autumn, Duane Nichols CHEAT LAKE ENVIRONMENT AND RECREATION ASSOCIATION

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Metropolitan Planning Organization activities
by Bill Reger-Nash 07 Sep '06

07 Sep '06

Colleagues: Please note that the MPO has several important upcoming meetings. The TAC and CAC meetings are open to the public and are held at the Morgantown Airport. The master transportation plan for the region has significant implications for us all. FYI: There has been a date set for the final big public meeting, so pass the word! The meeting will be an open house to present the entire process to the public and will be held at the location below. We will be advertising over the next few weeks so keep your eyes and ears peeled. Erickson Alumni Center (http://alumni.wvu.edu/eac/) Wednesday, October 4, 2006 6:30 pm until 8:30 pm parking is open after 5:00 WV Walks - 30 minutes or more daily Feel the power of half an hour! Bill Reger-Nash, Ed.D Professor of Community Medicine West Virginia University School of Medicine Morgantown WV 26506-9190 Phone: 304/293-0763 Fax: 304/293-6685 Dept. web page: http://www.hsc.wvu.edu/som/cmed BRN's web page: http://www.hsc.wvu.edu/som/cmed/wreger/

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Blackwater Properties on Manning Run
by Duane330＠aol.com 07 Sep '06

07 Sep '06

NOTE: Please let me have any questions or comments regarding the following letter. The deadline for letters is September 12th. See the following web site: _http://www.lrp.usace.army.mil/or/or-f/public_notice.htm_ (http://www.lrp.usace.army.mil/or/or-f/public_notice.htm) >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> CHEAT LAKE ENVIRONMENT AND RECREATION ASSOCIATION September 7, 2006 Attn: Scott A. Hans, Regulatory Branch US Army Corps of Engineers, Pittsburgh District 1000 Liberty Avenue Pittsburgh, PA 15222-4186 RE: CELRP-OP-F 200601190, Manning Run of Monongalia County, WV The Cheat Lake Environment and Recreation Association (CLEAR) has been active in Monongalia County, West Virginia, for over ten years; and, we seek to promote diverse recreational opportunities on and round Cheat Lake while protecting and enhancing the environment. Both public health and environmental impacts are important in this mission, as a non-profit entity in the public interest. We are concerned about the Blackwater Properties project that has been proposed for the Manning Run area very near to Cheat Lake. We call for a public hearing so CLEAR and the general public can learn more about the project and provide needed comment to those who are making decisions about it. There are a number of concerns that can be identified at this time, and perhaps more that will become known at the public hearing. 1. Cheat Lake, also known as Lake Lynn, was formed by the Lake Lynn hydrodam, constructed in 1926. It is a federally licensed project, so the Lake is under the jurisdiction of the Federal Energy Regulatory Commission. The Cheat Lake Park and Trail has been chartered by FERC, and needs to be protected as a federal recreational and environmental conservation area. The proposed project may interfere. 1. Cheat Lake is a part of the Cheat River and its watershed, and as such it is protected by the State of West Virginia for water use, water quality, fishing, recreation, etc. The Manning Run Backwater, Manning Run and its tributaries are all part of this system. The proposed project may interfere. 1. The Manning Run Backwater, Manning Run and its tributaries are clean streams that are generally free of acid mine water, heavy metals, organic compounds, other dissolved solids and sediments. The proposed project would add some of these materials in unknown quantities. 1. The Manning Run Backwater provides fish, fishing, and natural habitat for diverse life support to the Cheat Lake and the Cheat Lake Park and Trail. These will be disturbed, perhaps substantially, by the proposed project. 1. Rare species, potential wetlands, and possible historic remains could be disturbed by the proposed project. The Cheat three-tooth snail is known to the Cheat Canyon area, exclusively. Indiana bats are known to this area; and, other species are suspected. The Cheat Mountain iron works are known to have existed all around this area, and some remains may be found here. 1. Sediments are prevalent in this area from disturbed land. The soils here are prone to instability resulting in severe stream impacts. Consider the extensive disturbances already described by the proposed project to see the large potential for substantial levels of sediment pollution for Manning Run, the Manning Run Backwater and Cheat Lake. [Swimming and water skiing are extensive in Cheat Lake, near the mouth of the Manning Run Backwater from boats and other water craft.] This project will add sediments to the streams, backwater, and Lake. 1. Landslides are very common around Cheat Lake. The Cheat Lake Trails are frequently closed during periods of varying length so as to clean up the soil, rocks and debris from landslides. We submit that the proposed project will increase the landslide potential of a significant length of the Cheat Lake Trail, the full extent of which is unknown at this time. The proposed project should be reconsidered in view of these problems. It is therefore essential that a public hearing be held to consider all the various real and potential problems associated with the proposed project. This hearing should be held in Morgantown, perhaps at the Cheat Lake Fire Hall, where reasonable access can be provided to all those that may be directly affected or have a substantial interest in the outcome. Thank you for your help in this matter. And, please mail me any additional or new information that may be available at your office on this project. Respectfully submitted, Duane G. Nichols, President Cheat Lake Environment and Recreation Association 330 Dream Catcher Circle Morgantown, WV 26508

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Picnic, Mt. Chateau, Sept 9th, 1 to 4 pm
by Duane330＠aol.com 03 Sep '06

03 Sep '06

SATURDAY, SEPTEMBER 9TH--- PICNIC AT MT. CHATEAU ON CHEAT LAKE. The Mt. Chateau property, owned by the State of West Virginia, is a public access point to Cheat Lake and to the Cooper's Rock trail system. The Sierra Club is working with CLEAR to let the Governor know that we want it to remain in public ownership, with public access. The Monongahela Group of the Sierra Club has made arrangements to use the grounds Saturday from 1-4 PM. A potluck picnic will be followed by a discussion of the proposed sale of the property. The public is invited to attend. Questions, contact Jim Kotcon at _jkotcon(a)wvu.edu_ (mailto:jkotcon@wvu.edu) This is a great opportunity to come out, see the grounds, see the Lake, see some old and new friends, talk it over, and help in this worthy cause! Duane Nichols, CLEAR

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Manning Run & Backwater on Cheat Lake
by Duane330＠aol.com 31 Aug '06

31 Aug '06

Blackwater Properties is proposing a housing development on and above the steep land overlooking the Cheat Lake Park and Trail. It is located above the third backwater, Manning Run, near the Gate to the South Trail. The land extends behind this backwater and comes essentially down to the Trail just south of the Gate. We need to evaluate the attachment and respond to the Army Corps of Engineers as to whether a Public Hearing is need regarding the possible subsidence, siltation, and debris that may be created. The movement of dirt, the fills and the sediment will all be issues to be controlled. Whether will be impacts to the Park and Trail, is not known at this time... [Another issue that will come up later is the storm water and waste water that may ultimately encroach from the site into Manning Run, the Manning Backwater, and the Cheat Lake itself.] See the attachment, from the Army Corps of Engineers. _http://www.lrp.usace.army.mil/or/or-f/public_notice.htm_ (http://www.lrp.usace.army.mil/or/or-f/public_notice.htm)

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CLEAR submission to FERC
by Duane330＠aol.com 27 Aug '06

27 Aug '06

CHEAT LAKE ENVIRONMENT AND RECREATION ASSOCIATION TO: Magalie R. Salas, Secretary DATE: August 27, 2006 Federal Energy Regulatory Commission 888 First Street, N. E. Washington, DC 20426 RE: PROTEST and COMMENTS, Project 2459-179, Recreation Plan Update, Lake Lynn (Cheat Lake) The Cheat Lake Environment and Recreation Association (CLEAR) takes this opportunity to PROTEST and COMMENT upon the Final Report of the Allegheny Energy Supply Corporation (AE) on the Triennial Review of the Cheat Lake Park and Trail. COMMENTS, PROTEST, and INTERVENTIONS are due to the Federal Energy Regulatory Commission (FERC) by August 28, 2006. First, we wish to acknowledge the substantial and diverse attention that the Cheat Lake Park and Trial have received, a fine facility with outstanding attributes. The hard work of Charles Simons (AE) and Andy Datsko (AE) with their support staff personnel have been instrumental in achieving a functional and dependable operation. The employees of the Pace Training & Evaluation Center have worked hard to keep up with the maintenance and minor repairs. And, the Monongalia County Sheriff’s Department has performed a consistently admirable job of security. Lieutenant Scott St. Clair provided a very friendly and helpful function in this regard, although his tour of duty has come to an end. CLEAR has attempted to provide meaningful and helpful comment and some assistance to the Cheat Lake Park and Trail. Let me acknowledge the outstanding work of Donna Weems (Secretary), Ann Chester (Treasurer), Chad Pierscalla (Chair, Recreation Committee), and Mike Strager (Chair, Boating & Fishing Committee). Other members or friends of CLEAR who have helped significantly are Arnold Benson, James Kotcon, Bruce Miller, Jennifer Rodgers, Gary Cutlip, Paula Hunt, James McGraw, Jonathan Weems, Dennis Grosce, Paul and Fran Baker, Bill and Jan Reger-Nash, Adam Polinski, Milton and Bert Cohen, Jonathan and Shirley Rosenbaum, Mike and Nancy Roder, Sally Wilts, Keith and Joan Pitzer, Charles Wallbridge, Jim Snyder, Nancy Treat, Deborah Fulton (SEALS), Catherine Lozier (League of Women Voters), Dave Saville (Friends of the Cheat Lake Trail), Peggy Pings (National Park Service), Frank Jernejcic (WV Department of Natural Resources), Ralph LaRue (Morgantown Board of Parks and Recreation), Greg Good (Greenspace Coalition), as well as the Monongalia County Commission (John Pyles, Robert Bell, and Asel Kennedy). PROTEST The Cheat Lake Environment and Recreation Association (CLEAR) herewith submits three specific PROTEST items relative to the Recreation Plan Update for the Cheat Lake Park and Trail: 1. Past and current operations of the Park and Trail have had their emphasis on “security”; and, it is now time to balance this situation so that (a) “recreation and recreation programming”, (b) “ensuring the public safety” , and (c) “achieving security” are all given priority. We submit that substantial progress in this direction can be achieved by utilizing park personnel who have training and responsibilities in two of the three if not all three areas. 2. Given that no public swimming access is now provided anywhere around the Lake, it is now time to develop a plan to incorporate some public swimming into the overall recreation plan for the Cheat Lake Park and Trail. The public expectation (or need) is there, one or more locations are available to permit such, and very little cost would be incurred to introduce this activity. 3. Allegheny Energy needs to adopt an explicitly receptive position relative to the Cheat Lake Advisory Council, or similar group. A receptive status is needed so as to extend a cooperative posture, to stimulate continuing input, cooperation, innovation, and oversight. This is in the public interest. General Discussion CLEAR and the other organizations taking an interest in the Cheat Lake Park and Trail generally agree that (1) a more balanced approach to recreation, safety and security is needed to achieve maximum benefits at the lowest costs, and (2) a swimming beach could readily be developed at the Mill Stone Point or another location around the Lake, and (3) an advisory group, e.g. the Cheat Lake Advisory Council, would be very beneficial to the operation and improvement of the Park and Trail. To date, the Park and Trail as been strong on “security” such that recreational programming and safety services have been very limited. And, the recent changes have given even greater emphasis to the “security”. This balance needs to be reassessed and changed to place strong emphasis on recreation and safety. This is particularly true given the low risk nature of the Park and Trail system. The Letters of CLEAR submitted on May 15, 2006 stand as detailed and explicit statements of our recommendations. We stand behind these recommendations and request that these be given full consideration. All parties are challenged by schedules, but our intentions, ideas, and commitment have not faltered. CLEAR is in support of the integration of recreation, safety and security functions at the Cheat Lake Park and Trail. This will permit a cost effective focus on recreational programming to the benefit of the general public. The Park and Trail have much greater potential than is now being realized. In addition, the presence of recreational professionals at the Park and Trail will permit some time to be given to the other areas around the Lake where recreational benefits can be achieved; and, this will benefit the safety and security of all Lake related functions. Two meetings have been held of the Cheat Lake Advisory Council. These have been preliminary and organizational in nature. More work is needed to arrange for a more robust group and establish a regular schedule for meetings. This Council will come to full operation only if its activities and recommendations have an open reception at AE and at FERC. The coming fall and early winter will be the period of most importance to the Council, as this seems to be the period of greatest interest to the current participants. Specific Items of Comment 1. We are pleased that AE has agreed to open the Cheat Haven Southern Trail an additional two months each year for public use. 2. We are pleased that AE has agreed to interconnect the Cheat Haven Northern Trail with the proposed Sheepskin Trail at the trail level, through the existing gate off Bunker Hill Road, even though security gage modifications will be required. 3. We are pleased that AE plans to continue to provide a winter boat launch at the Park from November 1st through March 31st each winter season; but, that this launch will be closed to all but roof top boats during the remainder of the year. 4. We are pleased that AE will continue to operate two courtesy docks for car-top boats and the existing no-wake zones in the lake. Observation decks along the Cheat Haven trail have experienced damage from winter conditions and need some maintenance work. 5. CLEAR recommends that the boundaries of the four Wildlife Habitat and Nature Viewing Areas be marked at periodic locations to permit users to determine when they are or are not on Park (vs. private) lands. [See p. 4 of the Final Report]. 6. CLEAR recommends that one or more trails be delineated within the 140 acre Wildlife Habitat and Nature Viewing Area known as the Cheat Haven Peninsula; these can be established along roadway paths that were abandoned years ago. [NOTE: Page 4 of the final report indicates that “This 140 acre Cheat Haven Peninsula area was designed to allow hikers to leave the hiking/biking trail and hike through the woods”. There is very little hiking taking place here because most hikers would either get lost or inadvertently cross over onto private property.] 7. Parking and picnicking facilities are currently adequate; and, more parking could be readily added at the day use (“hillside loop”) picnic area. 8. Limited swimming activities are currently taking place all around the Lake, but this is generally not being done safely; nor is swimming safety being given any consideration. Swimming for the general public is not available as a programmed recreational activity, yet it should and could be. Parking and Picnicing AE has provided sufficient parking for the Cheat Lake Park and Trail. The 50 spaces in the main paved lot plus the 30 spaces in the overflow area are more than adequate at the current level of usage. The upper lot at the north end of the trail is also adequate; however, it is rather steep and dangerous, as often is the case in West Virginia and southwestern Pennsylvania. Picnic areas are not heavily used, but the moving of 10 tables closer to the water was a good move and very much appreciated. The Hilltop loop contains 19 picnic sites that are not used. One can inspect them at any time, or examine the garbage cans there to see that this area is prime for examination for alternative recreational options. Should extra parking ever be needed, this area would accommodate such. Some consideration could be given to permitting certain groups, e.g. Boy and Girl Scouts, to camp here overnight under strict and controlled conditions. Similarly, the fish cleaning station is not used; and the toilet facilities at this location, i.e. at the day use boat docks are rarely used. This structure and facility could easily be modified to become a change house for swimming. It is ideally located relative to the Mill Stone Point, proposed below as a public swimming area. Swimming An organization known as Swimming for Everyone At the Lake Shore (SEALS) is a small group of individuals who function as an independent entity and is affiliated with the Cheat Lake Environment and Recreation Association (CLEAR). As the name implies, SEALS has its focus on achieving swimming opportunities for the general public at one or more locations along the shoreline of Cheat Lake (Lake Lynn). At the present time, there is not even one location on Cheat Lake where the public can swim legally. Some swimming is occurring, but the safety and security of these activities are not protected by any organization. The locations where swimming is currently taking place will be discussed below. Allegheny Energy (AE) expressed concern that water quality is poor for swimming in Cheat Lake. However, the water quality is mostly very good, and better than is represented by the data reported by AE. CLEAR sampled the Lake to study the water quality. During June and July of 2006, five samples of water representative of the proposed swimming areas showed pH values of 6.8, 6.8, 7.2, 7.1, and 7.3 with the corresponding fecal coliform counts being 45, 45, 72, 52, and 0 (zero) colonies per 100 milliliters, respectively. The water quality in Cheat Lake based upon past experience and these data is more than adequate for public swimming most of the time. However, immediately after a heavy rain storm, the water quality is known to deteriorate substantially. The water quality typically recovers in a day or so. The water quality data above do not reflect any recent rain storms. The pH of near 7.0 is an excellent value. The fecal coliform is also very good, being substantially below the limit of 200 counts per 100 milliliters. We plan to monitor the water quality on a systematic basis when public swimming from the shoreline is achieved. There are at least three locations where beach type swimming would be feasible. These are the Mill Stone Point, the Morgan Run Backwater near the Guard House, and the Ruble Run Backwater near the Trail. The first two are believed to be practical for up to 30 swimmers, while the third may be more limited. We believe that the presence of lifeguards is desirable, but that a non-guarded beach could be achieved if recreational professionals, also serving safety and security functions were nearby. The public interest would be best served if SEALS, CLEAR and AE could work together to provide practical leadership for swimming on Cheat Lake. Allegheny Energy also claims that boat traffic is too great or too close to the proposed areas to make swimming feasible. A protected swimming area can easily be designed and installed. This can be a roped off area with appropriate buoys and floating platforms to protect the swimmers from boat traffic and to provide convenient benefits to facilitate the swimming itself. This will also limit the swimming to the designated area(s). The Mill Stone Point location is already sheltered by the curvature of the shoreline and is within the no-wake zone already established, as are the other two locations mentioned. Swimming is currently taking place, but only for some individuals, in Cheat Lake. Swimming is extensive at the Emma Kaufmann Cove (EKC) where up to 500 enrolled children during camping season can be found in various recreational modes in the Lake. Here are the locations were swimming can be observed most any weekend: (1) The old “classic” swimming beach at Mt. Chateau is gone, as was confirmed to you by the West Virginia Division of Natural Resources (AE-Final Report). Legal rights do remain for limited swimming at that location but parking is not permitted for the general public. So, the limited swimming taking place there is from private docks, (2) swimming is taking place in association to boating throughout the Lake as part of tubing, water skiing, and jet ski (personal water craft) usage, (3) boats anchored in the backwaters and coves of the Lake have swimming taking place, (4) there is swimming off the I-68 Bridge, off the Iron Bridge at Ices Ferry (Route 857), and off the old bridge abutment in the Rubles Run backwater, (5) there is swimming off the private boat docks and privilege permit locations distributed around the Lake, and (6) there is swimming at various locations in the Cheat Canyon, i.e. the inlet pool of the Lake, including at a sand beach and various large rocks, as are present at the mouth of Quarry Run, for example. Swimming was observed at all these locations just yesterday! Yet, the safety and security at all these locations (except Emma Kaufmann Camp) has not been given attention by any group or organization. And, the general public has no access to direct Lake swimming unless they should be fortunate to have a private boat, private dock, privilege permit, or if they wish to swim at risk to safety and health from bridges, large rocks, or hanging trees. Concluding Remarks Given that the public interest is primary with regard to the Recreation Plan for the Cheat Lake Park and Trail, we acknowledge that a wonderful facility has been constructed and developed. We have now had six years to use this facility and to examine its potential for enhancement(s). Ideas and opportunities are plentiful. And some are at once practical and of essentially no additional cost. We identified what we consider some essential improvements, some other changes are recommended, and still others can be considered at a later date. A balanced consideration of recreation, safety and security seems only logical after these months of reflection. Swimming from the shoreline at one limited location is believed to be a small but important step. And, the activation and function of a Cheat Lake Advisory Council would benefit all in that it would provide for much needed communications among the Lake operator, the governmental agencies involved and the general public. Thank you for your considerations and for this role of FERC in these matters. Duane G. Nichols, President Cheat Lake Environment & Recreation Association 330 Dream Catcher Circle Morgantown, WV 26508 304-599-8040 duane330(a)aol.com cc: Shana High, FERC Charles Simons, AE Andy Datsko, AE CLEAR Email List C. Lozier, League of Women Voters D. Saville, Friends of the Cheat Lake Trail D. Fulton, SEALS G. Good, Greenspace Coalition Monongalia County Commission

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Mon Comm & CLEAR
by Duane330＠aol.com 23 Aug '06

23 Aug '06

RE: Mon Com Meeting of August 23, 2006 Duane Nichols, President of the Cheat Lake Environment and Recreation Association, presented the Commission with an overview of the Triennial Review process for the Cheat Lake Park and Trail. This process was initiated in February of this year. A public hearing was held on March 29th at the Cheat Lake Fire Hall and written comments were received by Allegheny Energy. On June 29th, Allegheny Energy submitted a Final Report on this review to the Federal Energy Regulatory Commission, known as FERC. FERC advertised a 30 day comment period on the Final Report, to end on August 28th. Duane Nichols requested that the Monongalia County Commission submit a letter to FERC to (1) acknowledge receipt of the Final Report, (2) indicate support for the efforts of CLEAR, the Greenspace Coalition, and others to expand the recreation and safety activities of the Park and Trail system, (3) support the interconnection of the Cheat Lake Trail with the Mon River Trail System and the Sheepskin Trail to extend past Uniontown into Western Pennsylvania, and (4) to support the activation of the Cheat Lake Advisory Committee as an entity to coordinate advice and support for future projects involving recreation, safety, and security, both on and around Cheat Lake. The Commission approved a motion to provide this input to the Federal Energy Regulatory Commission at this time. CLEAR is working with other not-for-profit groups to achieve these and other goals, although limited funds have been available to support these activities. Greg Good of the Greenspace Coalition also spoke to the Monongalia County Commission in support of these efforts to expand recreation for the Cheat Lake area, with appropriate attention to safety and security. Duane Nichols, CLEAR

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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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AGENDA FOR 6/22/06
by Duane330＠aol.com 16 Jun '06

16 Jun '06

CLEAR AGENDA FOR MEETING OF JUNE 22, 2006. The Cheat Lake Environment and Recreation Association will meet this coming Thursday, June 22nd, at the Cheat Lake Fire Hall. Please come at 7:00 to socialize. The meeting will start promptly at 7:30 pm. AGENDA 1. Introduction and Summary of CLEAR Activities. 2. Report of Recreation Committee: Discussion of the Triennial Review of the "Cheat Lake Park & Trail". 3. Report on the Quality of Cheat Lake: Discussion of the "Stream Partners Grant" for monitoring Cheat Lake. 4. Report of the Boating & Fishing Committee: Discussion of Future Activities for CLEAR In Support of Boating & Fishing. 5. Preservation of Cheat Canyon: Report on Fund Raiser planned for August 3rd at the Forks of Cheat Winery. 6. Election of Officers For Coming Year: Current Officers: Duane Nichols, President; Deb Fulton, Vice President, Secretary: Ann Chester; Donna Weems, Treasurer. 7. Discussion of Status and Importance of Mt. Chateau, the State owned facility at the end of Mt. Chateau Road, along the south east boundary of Cheat Lake, at the mouth of Cheat Lake. This is the current home of the WV Geological & Economic Survey. 8. Other New Business.

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Mon. Commission. 6/14/06
by Duane330＠aol.com 14 Jun '06

14 Jun '06

Update report: June 14, 2006. I attended the Mon County Commission meeting today. They greeted me warmly and we had a very friendly conversation. 1. They are sympathetic to our desire to change the operation of the Cheat Lake Park and Trail, such that the monies can go to an integrated approach to recreation, safety, security and routine maintenance. The responsibilities of major maintenance and liability would remain with Allegheny Energy. Bob Bell, President of the Commission, said that he would attend our CLEAR meeting on June 22nd, Cheat Lake Fire Hall, 7 pm. John Pyles may also attend. It is my understanding that Asel Kennedy will be on vacation at that time. 2. I brought up the subject of the need for an understanding of the significance of Mt. Chateau as a part of the Cheat Canyon, as a part of "wild wonderful west virginia", and as a part of the Cheat Lake "community". We all agreed that it's future as the home of the West Virginia Geological and Economic Survey may or may not last. They agreed that this topic be on the agenda for next week's Commission meeting, at which time we will present a statement in writing of the significance of Mt. Chateau to Monongalia County and the State. Hopefully, then, the Commission will endorse the statement, will adopt it, and/or send a letter to the Governor and to the WV Public Land Corporation. [At one point, Bob Bell asked, "Is the State considering the sale of Mt. Chateau", to which I replied: "That is my understanding, yes."] NOTE: There is probably more we can do. If you have ideas, please share them...... And, if anyone has hard information (details) in the public domain, please let me now. Thanks, Duane

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Important CLEAR Meeting........
by Duane330＠aol.com 09 Jun '06

09 Jun '06

RE: Cheat Lake Environment & Recreation Association........ Please place the following on your calendar and agenda........... CLEAR MEETING, CHEAT LAKE FIRE HALL, THURSDAY, JUNE 22. AGENDA TO FOLLOWING EARLY NEXT WEEK. COME AT SEVEN IF POSSIBLE, TO SOCIALIZE, TO SEE SLIDE SHOW, OR TO ESCAPE BUSY ROADS. MEETING STARTS PROMPTLY AT 7:30 PM

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Water or Gold
by Duane330＠aol.com 25 May '06

25 May '06

Dear Friends, a call for help to preserve the way of life and precious environment in Valle de San Felix, Chile. Many thanks! In the Valle de San Felix, the purest water in Chile runs from 2 rivers, fed by 2 glaciers. Water is a most precious resource, and wars will be fought for it. Indigenous farmers use the water, there is no unemployment, and they provide the second largest source of income for the area. Under the glaciers has been found a huge deposit of gold, silver and other minerals. To get at these, it would be necessary to break, to destroy the glaciers - something never conceived of in the history of the world - and to make 2 huge holes, each as big as a whole mountain, one for extraction and one for the mine's rubbish tip. The project is called PASCUA LAMA. The company is called Barrick Gold. (Barrick Gold is mining at Lake Cowal-NSW Australia at the moment!) The operation is planned by a multi-national company, one of whose members is George Bush Senior. The Chilean Government has approved the project to start this year, 2006. The only reason it hasn't started yet is because the farmers have got a temporary stay of execution. If they destroy the glaciers, they will not just destroy the source of especially pure water, but they will permanently contaminate the 2 rivers so they will never again be fit for human or animal consumption because of the use of cyanide and sulphuric acid in the extraction process. Every last gram of gold will go abroad to the multinational company and not one will be left with the people whose land it is. They will only be left with the poisoned water and the resulting illnesses. The farmers have been fighting a long time for their land, but have been forbidden to make a TV appeal by a ban from the Ministry of the Interior. Their only hope now of putting brakes on this project is to get help from international justice. The world must know what is happening in Chile. The only place to start changing the world is from here. We ask you to circulate this message amongst your friends in the following way. Please copy this text, paste it into a new email adding your signature and send it to everyone in your address book. Please, will the 100th person to receive and sign the petition, send it to _noapascualama(a)yahoo.ca_ () to be forwarded to the Chilean Government. No to Pascua Lama Open-cast mine in the Andean Cordillera on the Chilean-Argentine frontier. We ask the Chilean Government not to authorize the Pascua Lama project to protect the whole of 3 glaciers, the purity of the water of the San Felix Valley and El Transito, the quality of the agricultural land of the region of Atacama, the quality of life of the Diaguita people and of the whole population of the region. Signature, City, Country 1) Katharine Proudfoot, Edinburgh, Scotland, UK 2) Laura Cole, London, UK 3) David Platt, London, UK 4) Diane Platt, Manchester, UK 5) Tanya Corker, Manchester, UK 6) Nicola Hargreaves, UK 7) Nicholas Jones, UK 8) Johann Don-Daniel, Germany 9) Ashley Berger, Germany 10) Sarah Downie, Leeds, UK 11) Paula Delahunty, Bingley, UK 12) John O'Driscoll, Bingley, Uk 13) Jordan-Lee Delahunty, Bingley, UK 14) Claire Mulvey, Bradford, UK 15) Marie Malcolm Bradford, UK 16) Ann Clowes, Halifax UK 17) Jayne McGee, Brighouse UK 18) Jason Barratt Oldham UK 19) Lindsay Torrance, Rochdale UK 20) Maggie Ford, Rochdale, U.K. 21) Barry Cook, Todmorden, U.K. 22) Shelley Burgoyne, Todmorden, U.K. 23) Lisa Stuart, Potes, Spain. 24) Michael Stuart, Potes, Spain. 25) Renee Engl, Byron Bay, Australia 26) Adrian Begg, Brunswick Heads, Australia 27) Riana Begg, Brunswick Heads, Australia 28) Oriel Paterson, Brunswick Heads, Australia 29) Alicia Paterson, Brisbane, Australia 30) Lyneve Robinson, Sydney, Australia 31) Jennifer Moalem, Sydney, Australia 32) Alexandra Pope, Sydney Australia 33) Shushann Movsessian, Sydney Australia 34) Amanda Frost 35) Tarshito , Montecollum,NSW Australia 36) Eltara 37) Michael Webb, The Channon,NSW Australia 38) Sarah LaRock, New Orleans, USA 39) Annie LaRock, New Orleans, USA 40) David Zurak , New York, USA 41) Sapidah Kian, Melbourne, Australia 42) Blake Osborn , Byron Bay, Australia 43) Pip Theobald, South Golden Beach, NSW, Australia 44) Michael Colenso, Brisbane, QLD, Australia 45) Natalie Tindale, Brisbane, Australia 46) Scott Tindale, Brisbane, Australia 47) Dee Burke, Melbourne, Australia 48) Marion Robinson, Melbourne, Australia 49) Bernadette Young , Melbourne, Australia 50) Bill Nicholson, Geelong, Australia 51) Noreen Nicholson, Geelong, Australia 52) Kylie Kuppe, Melbourne, Australia 53) Jim Donovan, Dublin, Ireland 54) Joy Peterson, USA 55) Marie Lucey, Maryland, USA 56) Nora Nash, Aston, PA USA 57) David M. Schilling, New York, NY USA 58) Irene Senn, Milwaukee, WI USA 59) Margaret Kruse, OSF - Iowa USA 60) Ladonna Woerdeman,OSF -Iowa USA 61) Jeanie Hagedorn, CHM - Iowa, USA 62) Mary Rehmann, CHM - West Virginia, USA 63) Duane Nichols, CLEAR - West Virginia, USA

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Park & Trail proposal
by Duane330＠aol.com 15 May '06

15 May '06

CHEAT LAKE ENVIRONMENT AND RECREATION ASSOCIATION May 15, 2006 Mr. Charles Simons Allegheny Energy Supply Corporation 800 Cabin Hill Drive Greensburg, PA 15601 RE: Cheat Lake Park and Trail--- Management & Budget Plan A Management and Budget Plan has been prepared for the Cheat Lake Park and Trail and is being submitted for consideration by Allegheny Energy as a viable plan for the near-term future. The goal of this plan is to operate, manage, maintain, improve, and promote the Park and Trail so as to achieve a more active recreational facility. The intent is to operate the park and trail more efficiently, to develop and implement short and long range recreational activities and programs, to develop a user friendly relationship between the park patrons and staff, and to continue to develop new relationships with local, state and federal agencies that will better serve the facility. This proposal has been prepared with input from professional recreation planners. 1. Efficiency: It is important to the overall success of the park to hire employees who are experienced or trained in two or more job responsibilities (i.e. programming and maintenance). These employees include a Park Manager, Park Foreman and Seasonal Park Rangers. It is important that the Park Manager is capable of performing security, maintenance, accounting, reporting, programming, etc. The Park Foreman will be capable of maintenance and security and the Seasonal Park Rangers will be capable of security, maintenance and programming. 2. Recreation: The Cheat Lake Park and Trail is under-utilized and offers the public no organized recreational programming. Although the park and trail is a day use facility, it is important to the development and sustainability of the facility to develop and implement organized recreational activities and programs. Initial activities would include monthly nature hikes, kids fishing event, walking clubs and boating safety courses. 3. User Friendly Relationships: User friendly relationships depend significantly on public awareness of the facility, accessibility of the facility, recreational opportunities and availability of the staff. Although the Cheat Lake Park and Trail has unique recreational opportunities for area residents, due to the lack of public awareness, remote location, steep access and current staffing procedures, the park is not very user friendly. In order to create a more friendly relationship with its users, there needs to be an emphasis on promoting the park and its recreational opportunities. And, the staff needs to be more available to the public during patrols, via bike and foot patrols, at various times of the day. 4. Other Agencies: Due to the diverse and extensive potential of the Cheat Lake Park and Trail, many local, state and federal agencies could be used to assist and develop many of the park's facilities and recreational activities and programs. Proposed Budget (initial draft) * See the description below for each category. * Personnel Salaries $110,000. * Uniforms/equipment $1,000. * Supplies/materials $6,500. * Activities/Programs $7,000. * Professional Services $5,000. * Insurance/Bonds $2,700. * Utilities Charges $500. *Liability – n. a. (add to budget at a later date) * Permits/Dues – n. a. (add to budget at a later date) * Capital Investment (up to $15,000 per year). Staffing: The proposed plan calls for two full-time employees and four seasonal employees. The full-time workers include a Park Manager and Park Foreman. The seasonal workers include two Park Rangers (summer and winter) and two park maintenance workers (summer). The Park Manager will be responsible for the primary management (staffing, reporting, security, programming, etc.) and budgeting (expenditures, invoices, etc.) In addition to the management tasks, the Park Manager will be required to perform routine maintenance tasks on an as- needed basis. The Park Foreman will be responsible for the routine maintenance of the park (trail maintenance, cleaning, grass cutting, minor facility repairs, etc.) In addition, the Park Foreman will be responsible to patrol on an as-needed basis. The seasonal Park Rangers will be responsible for assisting the Park Manager in patrolling and programming and for assisting the Park Foreman in maintenance. The seasonal maintenance staff will be responsible for assisting the Park Foreman with maintenance. Uniforms: The Cheat Lake Park and Trail staff will be provided with uniforms in order to be identified by park users. The Park Manager, Park Foreman and Park Rangers will be outfitted with additional security items (i.e. radios, security belts, pepper spray, etc). Supplies/Materials: Supplies and materials include janitorial, office, landscape and general categories. The items will be used to maintain the grounds and facilities, develop and implement recreational activities and programs and promote the facility. Items include cleaning supplies, trash bags, gasoline, light bulbs, paint, gravel, ink, paper, etc. Activities/Programs: Initial recreational activities and programs include a variety of nature hikes, fishing programs, boating courses, promotional items, web-site information, flyers, postage, etc. Professional Services: Professional services include the maintenance of the park's septic system. Insurance/Bonds: Insurance and bonds include unemployment funds. Permits/Dues: Small amount, not available at this time. Utilities: Utilities include additional phone access for the web-site and local and long distance phone calls. All other utilities (water and electricity) are to be covered by Allegheny Energy. Liability: This item has not been estimated at this time. Capital Investment: An amount, e.g. $15,000 per year, could be placed into a capital account. This would be a starting point for major improvements. This money would be left in the account if not spent (or the balance left if some of the money is spent). This account would be capped at say $75,000, such that no additional funds would be added above this level. This fund would then be available to provide for special capital upgrades or improvements upon mutual agreement of the parties involved. We hope to discuss these plans with you as soon as possible. And, it may be possible to make some progress in these matters during the coming few weeks. Sincerely yours, Duane G. Nichols President of CLEAR 330 Dream Catcher Circle Morgantown, WV 26508 cc: FERC

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Cheat Lake Park and Trail
by Duane330＠aol.com 15 May '06

15 May '06

CHEAT LAKE ENVIRONMENT AND RECREATION ASSOCIATION TO: Mr. Charles Simons Allegheny Energy Supply Corporation 800 Cabin Hill Drive Greensburg, PA 15601 RE: RECREATION PLAN FOR CHEAT LAKE PARK AND TRAIL DATE: MAY 15, 2006 1. GOALS AND OBJECTIVES-- This proposed recreation plan is provided as part of the 2006 Triennial Review of the Cheat Lake Park and Trail Recreation Plan. It is intended to initiate a cooperative effort with the Allegheny Energy Supply Corporation and the Federal Energy Regulatory Commission, to bring increased activities, projects, programs and opportunities to our local region. 2. CURRENT STATUS-- Currently, the Cheat Lake Park and Trail is owned by Allegheny Energy Supply Corporation and operated by them as a requirement of the operating license for the Lake Lynn Hydro Dam electricity generation project. While Allegheny Energy has generally met the strict requirements of the federal license, this private company is involved in the generation and distribution of electricity and as such has no dedication to, no extensive record of, or employees trained in public recreation activities. Thus, the people of our region may be better served if a new approach is taken for the recreational programming and operation of the Cheat Lake Park and Trail. 3. PROPOSED NEW APPROACH-- It is herewith proposed that a new entity be selected relative to recreation and environmental education on Cheat Lake, to provide (A) planning and programming, (B) activities and events, (C) operation and maintenance, and (D) safety and security. One or more of the following organizations can be enlisted to assist and participate in this approach, namely: (1) the Monongalia County Commission [Mon Com], (2) the Board of Parks and Recreation of the City of Morgantown [BoPARC], (3) the Monongahela River Trails Conservancy [MRTC], (4) the Cheat Lake Environment and Recreation Association [CLEAR], and/or (5) a new entity formed expressly for the stated functions, to have strong working relationships with all interested parties. 4. MAJOR ADVANTAGES A. Increased recreational opportunities-- By involving recreation professionals and the people who are the current and potential future users of the Park & Trail, greater use of existing facilities can be made. It may be desirable to have a gradual transition to new programs, as the cost and personnel requirements must be matched with available resources and the growing demand (need) for these activities. B. Increased educational components-- This can include the introduction of new educational projects having appeal to both grade school and high school students. [Already a number of classes at West Virginia University include activities that interface with the Park and Trail.] C. Enhanced safety with security-- To a significant degree, the considerations of human safety are in some cases, or can be in others, related to the security of the Park and Trail. Security personnel need to have capabilities to render help to people who are sick or injured. And, Safety personnel can assist in maintaining a secure facility. So, given the small size of the Park and Trail, it would be beneficial to integrate the Security and Safety components for effective and efficient public service. D. Greater coordination with other county programs-- Given that the Mon Com maintains recreational programs at various locations in the County, including the Chestnut Ridge Camp (within a few miles of the Park and Trail), that the BoPARC has extensive recreational facilities and personnel in and near Morgantown, that the MRTC maintains trails along the Monongahela River and Deckers Creek, and that great progress is being made on the establishment of a Sheepskin Trail in Pennsylvania (immediately north of the Park and Trail), a substantial opportunity exists to coordinate and integrate some activities of the Cheat Lake Park and Trail with these others. E. Improved economy of operations (cost savings & economical activities)-- There are three factors that could benefit the costs of operations for the Park and Trail that would result from a local operator. (1) The existing monies from Allegheny Energy could be spent on personnel that provide a combination of recreational activities, safety and security, i.e. these specific individuals could readily be trained in all three functions, (2) existing personnel of the County and City could provide some of their expertise, programming and operational skills to the Park and Trail, and (3) application could be made for financial assistance for the Park and Trail from funding agencies, to include the City, County, State, and federal government as well as independent sources of financial assistance. F. Increased information and publicity-- It is desirable that some promotions of the Park and Trail and its programs is made through press releases, brochures, flyers, maps, etc. [Already substantial information on the local region is provided at the Interstate rest stops and at various business locations throughout the region for local residents.] G. Additional research surveys to elicit public input-- It is desirable to perform update evaluations and research surveys, e.g. questionnaires, to determine the needs and desires of the greater community relative to the services provided at the Park and Trail. This then can be followed by planning and programming to meet those needs, to the full extent feasible. Unless this is done on a periodic or on-going basis, there will be no timely service to the public relative to the full potential of Cheat Lake in service to the common good. 5. IMPROVED ACTIVITIES A. Hiking, jogging, and biking-- It is almost certain that the use of the Cheat Lake Trail could be enhanced with input from the various recreational entities in the Monongalia County area. B. Canoes and kayaks-- If a small inventory of canoes and kayaks were kept on site near the Park and Trail, this would be a great benefit to the people of the region. Demonstrations on their usage could be scheduled and events could be planned to bring in others interested in using the backwaters for canoe and kayak enjoyment. C. Jet skiis and motor boats-- These are already very popular on Cheat Lake. An annual event could be planned and implemented with emphasis on optional models available, their safety considerations, Q and A sessions on operation and maintenance; and, help could be provided on where to by gear and where to get fuel, maintenance, and upgrades. D. Shoreline and boat fishing-- Now that fishing has become a major activity on Cheat Lake, there needs to be two or three events each year planned as educational sessions dealing with the fish themselves (their habits and where to find time), with fishing gear options, with handling fish when caught, etc. E. Water skiing & boat swimming--- Safety regarding water skis and boat swimmers should include considerations of power and speed, proper gear, and respect for others in addition to water quality and water quality warnings (fecal coliforms, etc.) F. Shoreline swimming -- Over the coming three year period, a comprehensive study can be completed to evaluate various alternatives for "guarded beach swimming" and/or "swim at your own risk beach swimming". Costs and safety considerations need to be fully examined so that all concerned are fully aware of the various conditions that prevail. G. Picnicing-- Picnic tables are available at a few locations along the Trail, at the Millstone Point, in the shelters on the two bridges over the Morgan Run and Rubles Run backwaters, as well as within the day-use picnic area (above overflow parking area). Some of these are used from time to time, but a great opportunity exists to provide programming in support of the usage of the picnic areas. 6. NEW PROJECTS OR RENOVATIONS A. Environmental educational programs-- Naturalists, biologists, scientists and engineers can all help to provide environmental education programs at four or more locations around Cheat Lake. A number of topics are already available for presentation by employees of the State of West Virginia, West Virginia University, and other existing agencies and organizations. B. Boating safety programs-- The WV Department of Natural Resources is prepared to offer boating safety programs; and, other interested parties and individuals can be scheduled to provide important information, provide Q and A sessions, and help to influence boaters of the need for an understand of and observance of proper safety rules and guidelines. C. Events and activities at the Park-- Family day events that have been held in the past by CLEAR have been quite successful. This provides an opportunity for more frequent and more extensive family activities on Cheat Lake. Activities that are attractive to young children represent a grand opportunity to orient them into an interest in and respect for lakes and streams and their preservation and use. D. Concessions may be a useful addition to the Park and Trail, if the anticipated usage level is achieved within the next few years. Healthful food conce ssions could be offered as an additional incentive to visit the Park and Trail; and, rental gear (canoes and kayaks) would be a popular addition as soon as this can be arranged. More detail is being provided in a separate mailing as one approach. The personnel needs have been examined, and described. A proposed budget for many of the categories of expense has been developed. And, brief descriptions of the budget categories are given. We consider this a positive approach that will need to be examined and discussed. We appreciate this opportunity to provide positive input. And, we hope that constructive outcomes can be devised in the best interest of the people of this region while achieving a good working relationship among the various organizations concerned with the Park and Trail, i.e. Allegheny Energy, the representatives of the State, County and City, as well as CLEAR and the other interested local organizations. Respectfully submitted, Duane G, Nichols, President of CLEAR cc: FERC

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Re: [CLEAR] PROPOSAL FOR CHEAT LAKE PARK AND TRAIL
by Bill Reger-Nash 13 May '06

13 May '06

Duane, Your insights are quite astute. As a public health professional, I see your suggestions as a means of maximizing the resources of the community and enhancing the well being of the public. Thank you. Bill Reger-Nash Professor Department of Community Medicine West Virginia University School of Medicine WV Walks - 30 minutes or more daily Feel the power of half an hour! Bill Reger-Nash, Ed.D Professor of Community Medicine West Virginia University School of Medicine Morgantown WV 26506-9190 Phone: 304/293-0763 Fax: 304/293-6685 Dept. web page: http://www.hsc.wvu.edu/som/cmed BRN's web page: http://www.hsc.wvu.edu/som/cmed/wreger/ >>> <duane330(a)aol.com> 05/11/06 9:13 PM >>> NOTE: THE FOLLOWING DRAFT PROPOSAL HAS BEEN PREPARED FOR SUBMISSION TO ALLEGHENY ENERGY THIS COMING MONDAY AFTERNOON, MAY 15, 2006. ADDITIONAL COMMENT CAN BE SUBMITTED AFTER THAT DATE, HOWEVER, THE PRIMARY PROPOSAL FROM CLEAR IS DUE THIS COMING MONDAY, I.E. THE 15TH. IF YOU HAVE COMMENTS AND/OR QUESTIONS, PLEASE LET ME KNOW AS SOON AS POSSIBLE. PROPOSED RECREATION PLAN FOR CHEAT LAKE PARK AND TRAIL---- MAY 15, 2006 1. GOALS AND OBJECTIVES-- This proposed recreation plan is provided as part of the 2006 Triennial Review of the Cheat Lake Park and Trail Recreation Plan. It is intended to initiate a cooperative effort with the Allegheny Energy Supply Corporation and the Federal Energy Regulatory Commission, to bring increased activities, projects, programs and opportunities to our local region. 2. CURRENT STATUS-- Currently, the Cheat Lake Park and Trail is owned by Allegheny Energy Suppy Corporation and operated by them as a requirement of the operating license for the Lake Lynn Hydro Dam electricity generation project. While Allegheny Energy has generally met the strict requirements of the federal license, this private company is involved in the generation and distribution of electricity and as such has no dedication to, no extensive record of, or employees trained in public recreation activities. Thus, the people of our region may be better served if a new approach is taken for the recreational programming and operation of the Cheat Lake Park and Trail. 3. PROPOSED NEW APPROACH-- It is herewith proposed that a new entity be selected relative to recreation and environmental education on Cheat Lake, to provide (A) planning and programming, (B) activities and events, (C) operation and maintenance, and (D) safety and security. One or more of the following organizations can be enlisted to assist and participate in this approach, namely: (1) the Monongalia County Commission [Mon Com], (2) the Board of Parks and Recreation of the City of Morgantown [BoPARC], (3) the Monongahela River Trails Conservancy [MRTC], (4) the Cheat Lake Environment and Recreation Association [CLEAR], and/or (5) a new entity formed expressly for the stated functions, to have strong working relationships with all interested parties. 4. MAJOR ADVANTAGES A. Increased recreational opportunities-- By involving recreation professionals and the people who are the current and potential future users of the Park & Trail, greater use of existing facilities can be made. It may be desirable to have a gradual transition to new programs, as the cost and personnel requirements must be matched with available resources and the growing demand (need) for these activities. B. Increased educational components-- This can include the introduction of new educational projects having appeal to both grade school and high school students. [Already a number of classes at West Virginia University include activities that interface with the Park and Trail.] C. Enhanced safety with security-- To a significant degree, the considerations of human safety are in some cases, or can be in others, related to the security of the Park and Trail. Security personnel need to have capabilities to render help to people who are sick or injured. And, Safety personnel can assist in maintaining a secure facility. So, given the small size of the Park and Trail, it would be beneficial to integrate the Security and Safety components for effective and efficient public service. D. Greater coordination with other county programs-- Given that the Mon Com maintains recreational programs at various locations in the County, including the Chestnut Ridge Camp (within a few miles of the Park and Trail), that the BoPARC has extensive recreational facilities and personnel in and near Morgantown, that the MRTC maintains trails along the Monongahela River and Deckers Creek,and that great progress is being made on the establishment of a Sheepskin Trail in Pennsylvania (immediately north of the Park and Trail), a substantial opportunity exists to coordinate and integrate some activities of the Cheat Lake Park and Trail with these others. E. Improved economy of operations (cost savings & economical activities)-- There are three factors that could benefit the costs of operations for the Park and Trail that would result from a local operator. (1) The existing monies from Allegheny Energy could be spent on personnel that provide a combination of recreational activities, safety and security, i.e. these specific individuals could readily be trained in all three functions, (2) existing personnel of the County and City could provide some of their expertise, programming and operational skills to the Park and Trail, and (3) application could be made for financial assistance for the Park and Trail from funding agencies, to include the City, County, State, and federal government as well as independent sources of financial assistance. F. Increased information and publicity-- It is desirable that some promotions of the Park and Trail and its programs is made through press releases, brochures, flyers, maps, etc. [Already substantial information on the local region is provided at the Interstate rest stops and at various business locations throughout the region for local residents.] G. Additional research surveys to elicit public input-- It is desirable to perform update evaluations and research surveys, e.g. questionnaires, to determine the needs and desires of the greater community relative to the services provided at the Park and Trail. Then, this can be followed by planning and programming to meet those needs, to the full extent feasible. Unless this is done on a periodic or on-going basis, there will be no timely service to the public relative to the full potential of Cheat Lake in service to the common good. 5. IMPROVED ACTIVITIES A. Hiking, jogging, and biking-- It is almost certain that the use of the Cheat Lake Trail could be enhanced with input from the various recreational entities in the Monongalia County area. B. Canoes and kayaks-- If a small inventory of canoes and kayaks were kept on site near the Park and Trail, this would be a great benefit to the people of the region. Demonstrations on their usage could be scheduled and events could be planned to bring in others interested in using the backwaters for canoe and kayak enjoyment. C. Jet skiis and motor boats-- These are already very popular on Cheat Lake. An annual event could be planned and implemented with emphasis on optional models available, their safety considerations, Q and A sessions on operation and maintenance; and, help could be provided on where to by gear and where to get fuel, maintenance, and upgrades. D. Shoreline and boat fishing-- Now that fishing has become a major activity on Cheat Lake, there needs to be two or three events each year planned as educational sessions dealing with the fish themselves (their habits and where to find time), with fishing gear options, with handling fish when caught, etc. E. Water skiing & boat swimming--- Safety regarding water skis and boat swimmers should include considerations of power and speed, proper gear, and respect for others in addition to water quality and water quality warnings (fecal coliforms, etc.) F. Shoreline swimming -- Over the coming three year period, a comprehensive study can be completed to evaluate various alternatives for "guarded beach swimming" and/or "swim at your own risk beach swimming". Costs and safety considerations need to be fully examined so that all concerned are fully aware of the various conditions that prevail. G. Picnicing-- Picnic tables are available at a few locations along the Trail, at the Millstone Point, in the shelters on the two bridges over the Morgan Run and Rubles Run backwaters, as well as within the day-use picnic area (above overflow parking area). Some of these are used from time to time, but a great opportunity exists to provide programming in support of the usage of the picnic areas. 6. NEW PROJECTS OR RENOVATIONS A. Environmental educational programs-- Naturalists, biologists, scientists and engineers can all help to provide environmental education programs at four or more locations around Cheat Lake. A number of topics are already available for presentation by employees of the State of West Virginia, West Virginia University, and other existing agencies and organizations. B. Boating safety programs-- The WV Department of Natural Resources is prepared to offer boating safety programs; and, other interested organizations and individuals can be scheduled to provide important information, provide Q and A sessions, and help to influence boaters of the need for an understand of and observance of proper safety rules and guidelines. C. Events and activities at the Park-- Family day events that have been held in the past by CLEAR have been quite successful. This provides an opportunity for more frequent and more extensive family activities on Cheat Lake. Activities that are attractive to young children represent a grand opportunity to orient them into an interest in and respect for lakes and streams and their preservation and use. D. Concessions may be a useful addition to the Park and Trail, if the anticipated usage level is achieved within the next few years. Healthful food concessions could be offerred as an additional incentive to visit the Park and Trail; and, rental gear (canoes and kayaks) would be a popular addition as soon as this can be arranged. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> PLEASE PROVIDE COMMENT, AS SOME OF THE ABOVE SHOULD PERHAPS BE DELETED OR REVISED; AND, SOME ADDITIONAL ITEMS PERHAPS SHOULD BE INCLUDED. AND, PLEASE LET ME KNOW IF YOU ARE IN SUPPORT OF THE GENERAL CONCEPT OF A NEW ENTITY FOR THE PLANNING, PROGRAMMING AND OPERATION OF THE CHEAT LAKE PARK AND TRAIL...... PLEASE REPLY A.S.A.P., THANK YOU FOR YOUR HELP AT THIS TIME......... Duane

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PROPOSAL FOR CHEAT LAKE PARK AND TRAIL
by duane330＠aol.com 13 May '06

13 May '06

NOTE: THE FOLLOWING DRAFT PROPOSAL HAS BEEN PREPARED FOR SUBMISSION TO ALLEGHENY ENERGY THIS COMING MONDAY AFTERNOON, MAY 15, 2006. ADDITIONAL COMMENT CAN BE SUBMITTED AFTER THAT DATE, HOWEVER, THE PRIMARY PROPOSAL FROM CLEAR IS DUE THIS COMING MONDAY, I.E. THE 15TH. IF YOU HAVE COMMENTS AND/OR QUESTIONS, PLEASE LET ME KNOW AS SOON AS POSSIBLE. PROPOSED RECREATION PLAN FOR CHEAT LAKE PARK AND TRAIL---- MAY 15, 2006 1. GOALS AND OBJECTIVES-- This proposed recreation plan is provided as part of the 2006 Triennial Review of the Cheat Lake Park and Trail Recreation Plan. It is intended to initiate a cooperative effort with the Allegheny Energy Supply Corporation and the Federal Energy Regulatory Commission, to bring increased activities, projects, programs and opportunities to our local region. 2. CURRENT STATUS-- Currently, the Cheat Lake Park and Trail is owned by Allegheny Energy Suppy Corporation and operated by them as a requirement of the operating license for the Lake Lynn Hydro Dam electricity generation project. While Allegheny Energy has generally met the strict requirements of the federal license, this private company is involved in the generation and distribution of electricity and as such has no dedication to, no extensive record of, or employees trained in public recreation activities. Thus, the people of our region may be better served if a new approach is taken for the recreational programming and operation of the Cheat Lake Park and Trail. 3. PROPOSED NEW APPROACH-- It is herewith proposed that a new entity be selected relative to recreation and environmental education on Cheat Lake, to provide (A) planning and programming, (B) activities and events, (C) operation and maintenance, and (D) safety and security. One or more of the following organizations can be enlisted to assist and participate in this approach, namely: (1) the Monongalia County Commission [Mon Com], (2) the Board of Parks and Recreation of the City of Morgantown [BoPARC], (3) the Monongahela River Trails Conservancy [MRTC], (4) the Cheat Lake Environment and Recreation Association [CLEAR], and/or (5) a new entity formed expressly for the stated functions, to have strong working relationships with all interested parties. 4. MAJOR ADVANTAGES A. Increased recreational opportunities-- By involving recreation professionals and the people who are the current and potential future users of the Park & Trail, greater use of existing facilities can be made. It may be desirable to have a gradual transition to new programs, as the cost and personnel requirements must be matched with available resources and the growing demand (need) for these activities. B. Increased educational components-- This can include the introduction of new educational projects having appeal to both grade school and high school students. [Already a number of classes at West Virginia University include activities that interface with the Park and Trail.] C. Enhanced safety with security-- To a significant degree, the considerations of human safety are in some cases, or can be in others, related to the security of the Park and Trail. Security personnel need to have capabilities to render help to people who are sick or injured. And, Safety personnel can assist in maintaining a secure facility. So, given the small size of the Park and Trail, it would be beneficial to integrate the Security and Safety components for effective and efficient public service. D. Greater coordination with other county programs-- Given that the Mon Com maintains recreational programs at various locations in the County, including the Chestnut Ridge Camp (within a few miles of the Park and Trail), that the BoPARC has extensive recreational facilities and personnel in and near Morgantown, that the MRTC maintains trails along the Monongahela River and Deckers Creek,and that great progress is being made on the establishment of a Sheepskin Trail in Pennsylvania (immediately north of the Park and Trail), a substantial opportunity exists to coordinate and integrate some activities of the Cheat Lake Park and Trail with these others. E. Improved economy of operations (cost savings & economical activities)-- There are three factors that could benefit the costs of operations for the Park and Trail that would result from a local operator. (1) The existing monies from Allegheny Energy could be spent on personnel that provide a combination of recreational activities, safety and security, i.e. these specific individuals could readily be trained in all three functions, (2) existing personnel of the County and City could provide some of their expertise, programming and operational skills to the Park and Trail, and (3) application could be made for financial assistance for the Park and Trail from funding agencies, to include the City, County, State, and federal government as well as independent sources of financial assistance. F. Increased information and publicity-- It is desirable that some promotions of the Park and Trail and its programs is made through press releases, brochures, flyers, maps, etc. [Already substantial information on the local region is provided at the Interstate rest stops and at various business locations throughout the region for local residents.] G. Additional research surveys to elicit public input-- It is desirable to perform update evaluations and research surveys, e.g. questionnaires, to determine the needs and desires of the greater community relative to the services provided at the Park and Trail. Then, this can be followed by planning and programming to meet those needs, to the full extent feasible. Unless this is done on a periodic or on-going basis, there will be no timely service to the public relative to the full potential of Cheat Lake in service to the common good. 5. IMPROVED ACTIVITIES A. Hiking, jogging, and biking-- It is almost certain that the use of the Cheat Lake Trail could be enhanced with input from the various recreational entities in the Monongalia County area. B. Canoes and kayaks-- If a small inventory of canoes and kayaks were kept on site near the Park and Trail, this would be a great benefit to the people of the region. Demonstrations on their usage could be scheduled and events could be planned to bring in others interested in using the backwaters for canoe and kayak enjoyment. C. Jet skiis and motor boats-- These are already very popular on Cheat Lake. An annual event could be planned and implemented with emphasis on optional models available, their safety considerations, Q and A sessions on operation and maintenance; and, help could be provided on where to by gear and where to get fuel, maintenance, and upgrades. D. Shoreline and boat fishing-- Now that fishing has become a major activity on Cheat Lake, there needs to be two or three events each year planned as educational sessions dealing with the fish themselves (their habits and where to find time), with fishing gear options, with handling fish when caught, etc. E. Water skiing & boat swimming--- Safety regarding water skis and boat swimmers should include considerations of power and speed, proper gear, and respect for others in addition to water quality and water quality warnings (fecal coliforms, etc.) F. Shoreline swimming -- Over the coming three year period, a comprehensive study can be completed to evaluate various alternatives for "guarded beach swimming" and/or "swim at your own risk beach swimming". Costs and safety considerations need to be fully examined so that all concerned are fully aware of the various conditions that prevail. G. Picnicing-- Picnic tables are available at a few locations along the Trail, at the Millstone Point, in the shelters on the two bridges over the Morgan Run and Rubles Run backwaters, as well as within the day-use picnic area (above overflow parking area). Some of these are used from time to time, but a great opportunity exists to provide programming in support of the usage of the picnic areas. 6. NEW PROJECTS OR RENOVATIONS A. Environmental educational programs-- Naturalists, biologists, scientists and engineers can all help to provide environmental education programs at four or more locations around Cheat Lake. A number of topics are already available for presentation by employees of the State of West Virginia, West Virginia University, and other existing agencies and organizations. B. Boating safety programs-- The WV Department of Natural Resources is prepared to offer boating safety programs; and, other interested organizations and individuals can be scheduled to provide important information, provide Q and A sessions, and help to influence boaters of the need for an understand of and observance of proper safety rules and guidelines. C. Events and activities at the Park-- Family day events that have been held in the past by CLEAR have been quite successful. This provides an opportunity for more frequent and more extensive family activities on Cheat Lake. Activities that are attractive to young children represent a grand opportunity to orient them into an interest in and respect for lakes and streams and their preservation and use. D. Concessions may be a useful addition to the Park and Trail, if the anticipated usage level is achieved within the next few years. Healthful food concessions could be offerred as an additional incentive to visit the Park and Trail; and, rental gear (canoes and kayaks) would be a popular addition as soon as this can be arranged. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> PLEASE PROVIDE COMMENT, AS SOME OF THE ABOVE SHOULD PERHAPS BE DELETED OR REVISED; AND, SOME ADDITIONAL ITEMS PERHAPS SHOULD BE INCLUDED. AND, PLEASE LET ME KNOW IF YOU ARE IN SUPPORT OF THE GENERAL CONCEPT OF A NEW ENTITY FOR THE PLANNING, PROGRAMMING AND OPERATION OF THE CHEAT LAKE PARK AND TRAIL...... PLEASE REPLY A.S.A.P., THANK YOU FOR YOUR HELP AT THIS TIME......... Duane

2 1

Re: [CLEAR] PROPOSAL FOR CHEAT LAKE PARK AND TRAIL
by Greg Good 11 May '06

11 May '06

Hi everyone, I am personally very interested in this issue. I am on both the Chestnut Ridge Regional Park Board and BOPARC Board. I am not invested in any particular solution to the management of the Cheat Lake Park and Trail, but it is certainly important to everyone in Mon County and the general area. Whether it is Chestnut Ridge Park (funded by the Mon County Commission) or BOPARC (funded 98% by the city of Morgantown and -- maybe -- 2% by the Monongalia County Commission) doesn't matter too much to me. But iit is important, that both the County and the City take responsibility for Cheat Lake Park and Trail, since they are used by residents of both the city and the county. I can make this argument within the boards I belong to. But it is critical that politicians know that the public generally supports joint support of Cheat Lake Park and Trail. Greg Good Green Space Coalition Dr. Gregory A. Good History Department West Virginia University Morgantown WV 26506-6303 fax at university: 304-293-3616 Associate Editor for Geology and Geophysics, New DSB I am on sabbatical and research leave until January 2007. I am based in West Virginia, but will be travelling extensively to archives and to conduct oral history interviews. I check my university mail box once a week when I am in town. I am no longer editor of 'Earth Sciences History'. >>> <duane330(a)aol.com> 05/11/06 9:13 PM >>> NOTE: THE FOLLOWING DRAFT PROPOSAL HAS BEEN PREPARED FOR SUBMISSION TO ALLEGHENY ENERGY THIS COMING MONDAY AFTERNOON, MAY 15, 2006. ADDITIONAL COMMENT CAN BE SUBMITTED AFTER THAT DATE, HOWEVER, THE PRIMARY PROPOSAL FROM CLEAR IS DUE THIS COMING MONDAY, I.E. THE 15TH. IF YOU HAVE COMMENTS AND/OR QUESTIONS, PLEASE LET ME KNOW AS SOON AS POSSIBLE. PROPOSED RECREATION PLAN FOR CHEAT LAKE PARK AND TRAIL---- MAY 15, 2006 1. GOALS AND OBJECTIVES-- This proposed recreation plan is provided as part of the 2006 Triennial Review of the Cheat Lake Park and Trail Recreation Plan. It is intended to initiate a cooperative effort with the Allegheny Energy Supply Corporation and the Federal Energy Regulatory Commission, to bring increased activities, projects, programs and opportunities to our local region. 2. CURRENT STATUS-- Currently, the Cheat Lake Park and Trail is owned by Allegheny Energy Suppy Corporation and operated by them as a requirement of the operating license for the Lake Lynn Hydro Dam electricity generation project. While Allegheny Energy has generally met the strict requirements of the federal license, this private company is involved in the generation and distribution of electricity and as such has no dedication to, no extensive record of, or employees trained in public recreation activities. Thus, the people of our region may be better served if a new approach is taken for the recreational programming and operation of the Cheat Lake Park and Trail. 3. PROPOSED NEW APPROACH-- It is herewith proposed that a new entity be selected relative to recreation and environmental education on Cheat Lake, to provide (A) planning and programming, (B) activities and events, (C) operation and maintenance, and (D) safety and security. One or more of the following organizations can be enlisted to assist and participate in this approach, namely: (1) the Monongalia County Commission [Mon Com], (2) the Board of Parks and Recreation of the City of Morgantown [BoPARC], (3) the Monongahela River Trails Conservancy [MRTC], (4) the Cheat Lake Environment and Recreation Association [CLEAR], and/or (5) a new entity formed expressly for the stated functions, to have strong working relationships with all interested parties. 4. MAJOR ADVANTAGES A. Increased recreational opportunities-- By involving recreation professionals and the people who are the current and potential future users of the Park & Trail, greater use of existing facilities can be made. It may be desirable to have a gradual transition to new programs, as the cost and personnel requirements must be matched with available resources and the growing demand (need) for these activities. B. Increased educational components-- This can include the introduction of new educational projects having appeal to both grade school and high school students. [Already a number of classes at West Virginia University include activities that interface with the Park and Trail.] C. Enhanced safety with security-- To a significant degree, the considerations of human safety are in some cases, or can be in others, related to the security of the Park and Trail. Security personnel need to have capabilities to render help to people who are sick or injured. And, Safety personnel can assist in maintaining a secure facility. So, given the small size of the Park and Trail, it would be beneficial to integrate the Security and Safety components for effective and efficient public service. D. Greater coordination with other county programs-- Given that the Mon Com maintains recreational programs at various locations in the County, including the Chestnut Ridge Camp (within a few miles of the Park and Trail), that the BoPARC has extensive recreational facilities and personnel in and near Morgantown, that the MRTC maintains trails along the Monongahela River and Deckers Creek,and that great progress is being made on the establishment of a Sheepskin Trail in Pennsylvania (immediately north of the Park and Trail), a substantial opportunity exists to coordinate and integrate some activities of the Cheat Lake Park and Trail with these others. E. Improved economy of operations (cost savings & economical activities)-- There are three factors that could benefit the costs of operations for the Park and Trail that would result from a local operator. (1) The existing monies from Allegheny Energy could be spent on personnel that provide a combination of recreational activities, safety and security, i.e. these specific individuals could readily be trained in all three functions, (2) existing personnel of the County and City could provide some of their expertise, programming and operational skills to the Park and Trail, and (3) application could be made for financial assistance for the Park and Trail from funding agencies, to include the City, County, State, and federal government as well as independent sources of financial assistance. F. Increased information and publicity-- It is desirable that some promotions of the Park and Trail and its programs is made through press releases, brochures, flyers, maps, etc. [Already substantial information on the local region is provided at the Interstate rest stops and at various business locations throughout the region for local residents.] G. Additional research surveys to elicit public input-- It is desirable to perform update evaluations and research surveys, e.g. questionnaires, to determine the needs and desires of the greater community relative to the services provided at the Park and Trail. Then, this can be followed by planning and programming to meet those needs, to the full extent feasible. Unless this is done on a periodic or on-going basis, there will be no timely service to the public relative to the full potential of Cheat Lake in service to the common good. 5. IMPROVED ACTIVITIES A. Hiking, jogging, and biking-- It is almost certain that the use of the Cheat Lake Trail could be enhanced with input from the various recreational entities in the Monongalia County area. B. Canoes and kayaks-- If a small inventory of canoes and kayaks were kept on site near the Park and Trail, this would be a great benefit to the people of the region. Demonstrations on their usage could be scheduled and events could be planned to bring in others interested in using the backwaters for canoe and kayak enjoyment. C. Jet skiis and motor boats-- These are already very popular on Cheat Lake. An annual event could be planned and implemented with emphasis on optional models available, their safety considerations, Q and A sessions on operation and maintenance; and, help could be provided on where to by gear and where to get fuel, maintenance, and upgrades. D. Shoreline and boat fishing-- Now that fishing has become a major activity on Cheat Lake, there needs to be two or three events each year planned as educational sessions dealing with the fish themselves (their habits and where to find time), with fishing gear options, with handling fish when caught, etc. E. Water skiing & boat swimming--- Safety regarding water skis and boat swimmers should include considerations of power and speed, proper gear, and respect for others in addition to water quality and water quality warnings (fecal coliforms, etc.) F. Shoreline swimming -- Over the coming three year period, a comprehensive study can be completed to evaluate various alternatives for "guarded beach swimming" and/or "swim at your own risk beach swimming". Costs and safety considerations need to be fully examined so that all concerned are fully aware of the various conditions that prevail. G. Picnicing-- Picnic tables are available at a few locations along the Trail, at the Millstone Point, in the shelters on the two bridges over the Morgan Run and Rubles Run backwaters, as well as within the day-use picnic area (above overflow parking area). Some of these are used from time to time, but a great opportunity exists to provide programming in support of the usage of the picnic areas. 6. NEW PROJECTS OR RENOVATIONS A. Environmental educational programs-- Naturalists, biologists, scientists and engineers can all help to provide environmental education programs at four or more locations around Cheat Lake. A number of topics are already available for presentation by employees of the State of West Virginia, West Virginia University, and other existing agencies and organizations. B. Boating safety programs-- The WV Department of Natural Resources is prepared to offer boating safety programs; and, other interested organizations and individuals can be scheduled to provide important information, provide Q and A sessions, and help to influence boaters of the need for an understand of and observance of proper safety rules and guidelines. C. Events and activities at the Park-- Family day events that have been held in the past by CLEAR have been quite successful. This provides an opportunity for more frequent and more extensive family activities on Cheat Lake. Activities that are attractive to young children represent a grand opportunity to orient them into an interest in and respect for lakes and streams and their preservation and use. D. Concessions may be a useful addition to the Park and Trail, if the anticipated usage level is achieved within the next few years. Healthful food concessions could be offerred as an additional incentive to visit the Park and Trail; and, rental gear (canoes and kayaks) would be a popular addition as soon as this can be arranged. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> PLEASE PROVIDE COMMENT, AS SOME OF THE ABOVE SHOULD PERHAPS BE DELETED OR REVISED; AND, SOME ADDITIONAL ITEMS PERHAPS SHOULD BE INCLUDED. AND, PLEASE LET ME KNOW IF YOU ARE IN SUPPORT OF THE GENERAL CONCEPT OF A NEW ENTITY FOR THE PLANNING, PROGRAMMING AND OPERATION OF THE CHEAT LAKE PARK AND TRAIL...... PLEASE REPLY A.S.A.P., THANK YOU FOR YOUR HELP AT THIS TIME......... Duane

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Cheat Lake Comments Due Now.
by duane330＠aol.com 10 May '06

10 May '06

To: CLEAR Participants and Friends. We have one final opportunity to provide written input to the Recreation Plan for the Cheat Lake Park and Trail. So, please send me an email a.s.a.p., by the end of Friday of this week, to comment on one or more of the following topics. 1. Do you support nature programs at the Park for children and families? 2. Do you support the opening of the south trail a month early and one additional month in the fall each year? 3. Do you support a swimming beach at the Mill Stone Point, near the day-use boat docks? 4. Do you support the interconnection of the Cheat Lake Trail with the Sheepskin Trail, at the Dam, to interconnect with other Trails in Pennsylvania (to Uniontown and beyond) and to Morgantown (from Point Marion)? 5. What other topics do you feel need special attention during the next three years, for example, hill side subsidence, debris collection in the backwaters, shoreline erosion, acid-mine seepage, or what else....?? 6. One idea is to have a local agency, maybe an existing one or a new non-profit agency, to take over the Recreation Program for the Cheat Lake Park and Trail, to help integrate the programs with others in the County and with the transition to the major interconnections of the regional trails system....? PLEASE COMMENT! PLEASE EMAIL ME YOUR COMMENTS AND I WILL MAKE SURE THEY ARE SUBMITTED TO ALLEGHENY ENERGY AND TO THE FEDERAL ENERGY REGULATORY COMMISSION. IF YOU WISH TO SEND MAIL DIRECTLY TO THEM, USE THE FOLLOWING ADDRESSES: ATTN: Project 2459-140 Charles L. Simons Alleghengy Energy Supply Co. LLC 800 Cabin Hill Drive Greensburg, PA 15601 and ATTN: Ms. Shauna High RE: Project 2459-140 Federal Energy Regulatory Commission Washington, DC 20426 and Duane G. Nichols, President Cheat Lake Environment & Recreation Assn. 330 Dream Catcher Circle Morgantown, WV 26508

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Mon-Earth Benefit Concert, Saturday.
by Duane330＠aol.com 20 Apr '06

20 Apr '06

I hope you can make it this Saturday at 8 pm! Come join us for a musical celebration of Earth Day, in support of our local environment, as we present: The Mon-Earth Benefit Concert Saturday, April 22, 2006 8:00pm, (doors 7:00pm) The Morgantown High School (in South Park) $10 in advance, $12 at the door Students: $5 in advance, $6 at the door Free Parking! Tickets may be purchased in Morgantown at The Blue Moose, The Bookshelf , The Mountain Peoples Co-Op and both Slight Indulgence locations; in Westover at G's Fitness (across from The Aquarium Restaurant); and in Fairmont at the Book N Bean. The Mon-Earth Benefit Concert helps to raise funds and awareness for the 20 plus organizations who are working to improve our local environment. This third annual concert will feature three unique musical performances: 1. Dulcie Taylor (and her band) from Washington, DC (via South Carolina). Dirty Linen magazine writes "Dulcie Taylor is a gifted writer...she also has a compelling voice she employs with nuance and emotion." Her performances are powerfully direct and down-to-earth. She has won two Washington Area Music Awards and her music has received substantial airplay nationwide. 2. Buddy Mondlock from Nashville, TN Buddy is a very successful songwriter whose songs have been covered by numerous performers including Guy Clark, Janis Ian and Nanci Griffith. He recently toured extensively as part of a trio with Art Garfunkel and Maia Sharp, in support of a recording that the three wrote together. He sings with a gentle passion that draws the listener into the poetic stories that he creates. 3. Rachel Eddy & The Morgantown Rounders The Morgantown Rounders are an Old-Time string band of eclectic proportions. They are traditionalists pushing the envelope of tradition, infusing high-energy square dance exhilaration into a mix of vintage songs. For the first time, the Rounders will be performing in traditional old-time style around one microphone. Local personality, Barbara Walker, will be the emcee. For more details on the performers, tickets, directions to MHS, song samples, staff details and details about the local environmental organizations that this event benefits, visit the website at: _http://www.mon-earth.org/_ (http://www.mon-earth.org/) Mon-Earth has also joined the MySpace revolution! The ever-expanding online community now has a Mon-Earth Concert blog, complete with songs from this year's performers and event details. If you or your organization are already MySpace members, please ADD us as your friend and encourage others to do so as well. Visit: _http://www.myspace.com/monearth_ (http://www.myspace.com/monearth) Please help spread the word! Peace & harmony, Robert Tower Producer 304 296-7607 _tower(a)mon-earth.org_ (mailto:tower@mon-earth.org)

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BDC Development Forum: Th @ 7 pm
by Duane330＠aol.com 17 Apr '06

17 Apr '06

Balanced Development Coalition’s upcoming Development Forum The Balanced Development Coalition (BDC) is hosting a Development Forum in the Mountaineer Mall Community Room on April 20th, 2006, from 7:00 to 8:30 pm, for candidates of the WV County Commission and the WV legislature. The event is free and open to the public. Light refreshments will be provided. (The Community Room is across from Radio Shack. Enter the Mall between General Glass and Elder Beerman—the Community Room will be on your right) The BDC is an alliance of groups concerned about development, including Farmers And Residents for saving Monongalia County Farms (FARM), Citizens for Responsible Development (CRD), the Mon Valley Clean Air Coalition (MVCAC), and West Virginia for Democracy. FARM advocates the adoption of a USDA Farmland Protection Program for Monongalia County. CRD is a grassroots group dedicated to the promotion of responsible development and land use planning in Morgantown and Monongalia County. MVCAC focuses on improving and preserving the quality of the air we breathe. WV for Democracy is a grassroots political action committee supporting progressive candidates and policies. The BDC Development Forum will be moderated by WCLG News Director Dave McClung. The goal of the BDC Development Forum is to foster a discussion of how best to manage growth and development in Morgantown and Monongalia County. Specific development issues that will be focused on include farmland preservation, storm water runoff, air quality, transportation, land-use planning, and tax increment financing (TIF). With the Morgantown region experiencing a period of particularly rapid growth, decisions made now will have a large impact on the future of the region. Thus, issues related to development are very important for this election. Participants in the Forum include candidates for the County Commission and the state legislature. The county commissioners play a key role in managing growth and setting policies that can ensure a high quality of life for local residents. The State delegates and senators have the power to influence WV state code, which provides the legal framework for county level actions. For example, state code provides for specific regulatory mechanisms for the implementation of planning. In addition, state agencies construct infrastructure, such as roads, and regulate activities that affect the environment, including air and water quality. All candidates for the County Commission and the State legislature have been invited to the Forum. So far the following candidates have indicated they will attend: County Commission candidate Betty Wiley, and WV Legislature candidates Barbara Evans Fleishauer, Steven Fumich, Charlene Marshall, and Alex Shook. To provide a context for the Forum, all candidates for the County Commission and state legislature were asked to complete a questionnaire. Responses were received from the following County Commission candidates Asel Kennedy and Betty Wiley, as well as State legislature candidates Robert Beach, Barbara Evans Fleischauer, Cindy Frich, Steven Fumich, and Jim Manilla. The candidate’s responses to the questionnaire indicate that development is a key issue in this election. Most candidates expressed strong support for managing growth, but opinions regarding how to do so varied greatly. If you would like a copy of the candidates' responses, reply to balanceddevelopment(a)yahoo.com. The forum will be a great opportunity to learn about the candidates’ vision for the Morgantown area, as well as a chance to give feedback to the candidates about development issues that are important to the public. The primary election is on May 9, and early voting begins April 19. Citizens for Responsible Development Morgantown WV 599-2938

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Triennial Review, Wed @ 7 pm
by Duane330＠aol.com 28 Mar '06

28 Mar '06

REMINDER. The Triennial Review of the Recreation Plan for the Cheat Lake Park and Trail will be held tomorrow, Wednesday, March 29th at 7 pm at the Cheat Lake Fire Hall on WV Route 857, north of the Cheat Lake exit of I-68. Allegheny Energy will receive review progress since the last review, and receive comment from the public. The Cheat Lake Environment and Recreation (CLEAR) will present some topics for discussion. A short presentation will be made by Frank Jernejcic, WV-DNR, on the recently completed "fish inventory" for Cheat Lake. Duane Nichols, CLEAR

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Cheat Lake Triennial Review Topics (3/29/06)
by Duane330＠aol.com 24 Mar '06

24 Mar '06

To: CLEAR participants and friends From: Duane Nichols, CLEAR. RE: Triennial Review of the Cheat Lake Park and Trail, March 29th (Wednesday), 7 pm at the Cheat Lake Fire Hall, WV Route 857, North. The following position statements are intended for presentation to Allegheny Energy and to the Federal Energy Regulatory Commission. Do you have any comments on this statements or other input? Do come out to this meeting, as it will be quite informative. Charles Simons of Allegheny Energy will present the draft Triennial Review, discuss plans for the future including new security plans, etc. The WV Department of Natural Resources will provide a report on their recent "Cheat Lake fish survey". NEW STATEMENTS FROM THE CHEAT LAKE ENVIRONMENT AND RECREATION ASSOCIATION: A. Water quality monitoring has shown that the Lake is reasonably clean and sufficiently clear of sediment and bacteria for swimming most of the time. A periodic monitoring and reporting program should be established to inform the public if general or specific warnings are needed. B. Shoreline erosion and sedimentation from storm events has created conditions that should be documented so that an overall remediation plan can be integrated with plans for handling hillside subsidence along the north and south trails. C. An interconnection to the Sheepskin Trail should be feasible along the existing railroad grade as it passes the Dam itself, to eliminate the need for hikers, runners and bikers to ascend and descend the steep steps as well as the steep and winding road around the Dam. [Video monitoring and night gates could be used if necessary.] D. CLEAR and other organizations stand ready to cooperate and assist in the planning and implementation of most of the proposals for continuing the improvement of the recreational and environmental aspects of Cheat Lake and its surroundings. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> TOPICS TO BE DISCUSSED AT A PUBLIC MEETING [from March 1st letter of CLEAR] 1. CLEAR believes that a systematic plan is needed to deal with shoreline erosion and the frequent landslides that have closed one or the other of the two main trail segments. 2. If the landslide problems can be managed, then the possibility of opening the South Trail for a greater number of months per year may become feasible. 3. The safety and security plans for the Park and Trail are worthy of detailed discussion, given that security is to be provided by a private agency as compared with the Monongalia County Sheriff’s Department, according to our understanding. 4. The “day use camping area” is not being used hardly at all; and, this area could well serve as an “overnight camp area”. 5. A swimming beach is needed at the Park to provide an opportunity for swimming from the shore, given that substantial swimming takes place throughout the Lake from boats, from boat docks, etc. 6. Given that the usage of the Lake has increased substantially, it is now time to consider whether guidelines are appropriate for a limit to the number of boat slips on the lake, the size and type of boats to be accommodated, and the upper horsepower of these boats; and, further, whether high speed personal water craft (PWC or “jet-skiis”) should be limited to specific hours of the day on weekends, whether the no-wake zone at the Emma Kaufmann Camp should be extended out beyond the shoreline profile, etc. 7. Consideration should be given to the development of a formal communications system protocol with regard to Lake safety and security among EMS - 911, the Fire Department, the Sheriff’s Department, the Department of Natural Resources, the Emma Kaufmann Camp, any relevant private security agent, and Allegheny Energy; and, consideration could be given to including the primary marina operators in this system. 8. An interconnection to the proposed Sheekskin Trail would be a highly desirable feature that could be accomplished without great expense, as plans are finalized for the extension of a trail along the old railroad bed [east side of the Cheat River in Pennsylvania] from Pt. Marion upstream to the Lake Lynn Dam. 9. An opportunity to show appreciation for the hard work and effective management provided to the Park and Trail by Allegheny Energy during the past few year.

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Mt. Chateau Drive---
by Duane330＠aol.com 14 Mar '06

14 Mar '06

Structures are being removed which were destroyed by the landslide near the Edgewater Marina. Procedures of involving inspections for asbestos were followed properly, according to our friends in the WV DEP Division of Air Quality. See below.............

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March 8, 21, and 29
by Duane330＠aol.com 10 Mar '06

10 Mar '06

To: CLEAR participants and friends. RE: Information update as of March 8, 2006. 1. CLEAR is participating with the Sierra Club in a program on "threatened and endangered species" to be held in the Greenbriar Room at the Mountainlair tomorrow, Thursday, March 9th at 7 pm. Speakers from the WV Department of Natural Resources and from the Coopers Rock Foundation are scheduled. This all has relevance to the on-going logging in the Cheat Canyon and the planned logging in the Snake Hill Wildlife Management Area. If you wish to contribute to this effort, please send a contribution to CLEAR Treasurer, 320 Dream Catcher Circle, Morgantown, WV 26508, or to the Friends of the Blackwater in Charleston, or to the State chapter of the Sierra Club. Funds are needed for an expert witness on the Cheat three-tooth snail. 2. CLEAR has been participating as part of the "Intervenors Barbara Born, et al" before the Public Service Commission. The Evidentiary Hearing at the PSC is set to start on Tuesday, March 21st at 9:30 am in Charleston and continue until completed. "Intervenors Barbara Born, et al" has hired as an expert witness a financial consulting firm that specializes in power plants named Synapse Energy. Contributions are needed for this expert witness, as the PSC this week has granted permission for our expert to participate in a review of the "confidential financial data" from Longview Power, LLC. This is a significant breakthrough. Please send a contribution to the MonValley Clean Air Coalition, P. O. Box 4679, Morgantown, WV 26504-4679. 3. CLEAR is now in the planning stage for the Public Hearing on the Triennial "Recreation Plan Update" for the Cheat Lake Park and Trail to be held by Allegheny Energy at the Cheat Lake Fire Hall. This public meeting will be a chance to hear a brief presentation by Allegheny Energy, ask questions and propose solutions any topic relating to the Park and Trail. This meeting is set for March 29th at 7 pm. 4. Annual membership dues of $15 for an individual and $25 for a family can be sent to: CLEAR Treasurer (Donna Weems), 320 Dream Catcher Circle, Morgantown, WV 26508.

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Important March activities
by Duane330＠aol.com 02 Mar '06

02 Mar '06

To: CLEAR Participants and Friends... 1. CLEAR and the Friends of the Cheat will be at Booth 93 of the Outdoor Sports Show, Phar-Mor Building, Upper Level of Morgantown Mall, this coming Saturday from 10 to 8 pm and Sunday from 10 to 4 pm. Stop by, it's quite a show! 2. On March 21st, for three or four days, there will be an Evidentiary Hearing at the Public Service Commission in Charleston. The proposed Longview power plant will be under consideration. Testimony will be limited to representatives of Longview Power, Allegheny Energy, the Building Trades Union, Intervenors Barbara Born et al ("Concerned Citizens") representing the Citizens for Alternatives to Longview Power, Citizens for Responsible Development, CLEAR, and many local citizens. 3. The Triennial "Recreation Plan Update" will be the subject of a Public Meeting set for the Cheat Lake Fire Hall on Wednesday, March 29th at 7 PM. As shown in the letter below, CLEAR requested a 90 day extension of the April 1st deadline for Allegheny Energy to submit a final report to the Federal Energy Regulatory Administration. [The Monongalia County Commission also passed a motion yesterday for a 90 day extension.] I understand that there will be at least a 30 day extension, to May 1st. See the letter below for some of the topics to be discussed; we hope to have some specific recommendations on many of these topics. Let me know what you think, as soon as possible, and at the Public Meeting on March 29th. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> CHEAT LAKE ENVIRONMENT AND RECREATION ASSOCIATION March 1, 2006 Charles L. Simons Allegheny Energy 800 Cabin Hill Drive Greensburg, PA 15601 RE: FERC Project 2459-417, Lake Lynn Hydrostation “Recreation Plan Update”. It is herewith requested that a Public Meeting be held and a Time Extension be granted relative to the Triennnial Review of the Cheat Lake Park and Trail. The original recreation plan was submitted to the Federal Energy Regulatory Commission (FERC) in June of 1995. And, the Park and Trail were dedicated in 2000. These are fine facilities; and, substantial progress has been made over the years. There are a number of important issues that need to be publicized, commented upon, discussed, and resolved at the present time. The cover letter on the Recreation Plan Update of February 1, 2006 states “ If you believe that a meeting is necessary upon your review of this plan, please contact me at our Greensburg, PA office, telephone (724) 838-6131.” And, we have done so. A Public Meeting, at the Cheat Lake Fire Hall, for example, is needed to provide an open forum so as to hear a verbal summary of the Update, to permit direct questions to be asked, and to receive comments from the general public. Such a meeting should be announced to the public via newspaper and radio, and via letter to the parties of record. Subsequent to this Public Meeting, a period of at least two weeks should be alloted for interested persons to submit written comments to Allegheny Energy. Then, a period of 30 days would be appropriate for Allegheny Energy to prepare a response for FERC and the public. Therefore, it is appropriate to request a Time Extension to July 1st, to permit the planning for and execution of a Public Meeting, a period for subsequent written comment, and a period of time for the preparation of the response document by Allegheny Energy for the FERC and the public. [The FERC response to the last Triennial Review was dated July 21, 2005 but not distributed to the participants; so, a significant amount of time was lost in this last update process.] The Cheat Lake Environment and Recreation Association (CLEAR) wishes to raise a number of topics at this time. And, we know that other participants in CLEAR may have additional topics to raise; and, the other organizations concerned and affected by the Cheat Lake Park and Trail will undoubtedly have other topics or other comments on these same topics. TOPICS TO BE DISCUSSED AT A PUBLIC MEETING 1. CLEAR believes that a systematic plan is needed to deal with shoreline erosion and the frequent landslides that have closed one or the other of the two main trail segments. 2. If the landslide problems can be managed, then the possibility of opening the South Trail for a greater number of months per year may become feasible. 3. The safety and security plans for the Park and Trail are worthy of detailed discussion, given that security is to be provided by a private agency as compared with the Monongalia County Sheriff’s Department, according to our understanding. 4. The “day use camping area” is not being used hardly at all; and, this area could well serve as an “overnight camp area”. 5. A swimming beach is needed at the Park to provide an opportunity for swimming from the shore, given that substantial swimming takes place throughout the Lake from boats, from boat docks, etc. 6. Given that the usage of the Lake has increased substantially, it is now time to consider whether guidelines are appropriate for a limit to the number of boat slips on the lake, the size and type of boats to be accommodated, and the upper horsepower of these boats; and, further, whether high speed personal water craft (PWC or “jet-skiis”) should be limited to specific hours of the day on weekends, whether the no-wake zone at the Emma Kaufmann Camp should be extended out beyond the shoreline profile, etc. 7. Consideration should be given to the development of a formal communications system protocol with regard to Lake safety and security among EMS - 911, the Fire Department, the Sheriff’s Department, the Department of Natural Resources, the Emma Kaufmann Camp, any relevant private security agent, and Allegheny Energy; and, consideration could be given to including the primary marina operators in this system. 8. An interconnection to the proposed Sheekskin Trail would be a highly desirable feature that could be accomplished without great expense, as plans are finalized for the extension of a trail along the old railroad bed [east side of the Cheat River in Pennsylvania] from Pt. Marion upstream to the Lake Lynn Dam. 9. An opportunity to show appreciation for the hard work and effective management provided to the Park and Trail by Allegheny Energy during the past few year. Thank you for your help and consideration at this time. Respectfully submitted, Duane G. Nichols, President of CLEAR 330 Dream Catcher Circle Morgantown, WV 26508 cc: FERC [John Estep, Shana High]

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Re: [CLEAR] Cheat Lake Rec Plan Update
by Duane330＠aol.com 06 Feb '06

06 Feb '06

CLEAR members and friends...... The Cheat Lake Park and Trail "recreation plan" receives a special review every three years; and Allegheny Energy has just released the review document for comment for 2006 this past week. I will find out a.s.a.p. if we can get an electronic version of at least the main text, so we can email it to all our readers. And, we will request a public meeting near the Lake so all interested persons can attend, hear a presentation by each interested group, ask questions of Allegheny Energy, and receive comment from the general public. I am going to submit a protest, that the reply to the last three year review was too late in being issued by the Federal Energy Regulatory Commission. And, when it was issued, it was held for months by AE before revealing it to the public. As soon as we get an electronic version out to our readers and the review has been studied, we can circulate some comments and feedback via email. It is important that letters be written to Allegheny Energy reasonably soon, to request a public hearing with presentations and discussion, and that we get the issues out for public awareness. Thank you Peggy for your email; and, I suspect that you will be part of the letter writing and discussion of this "recreation plan". Sincerely, Duane Nichols, CLEAR. NOTE: The Recreation Plan Update dated 2/1/06 is available on the FERC web-site. Type in: _www.ferc.gov_ (http://www.ferc.gov) Then select the "eLibrary". Type in the Project number as: "P-2459". Then choose the PDF option and click on the report title. [The report is about 5 megabytes in size, and contains some 70 pages; so it will be almost unrealistic to read in this form unless you have broadband Internet.]

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Fishing on the Cheat [D-P 1/6/06]
by Duane330＠aol.com 06 Feb '06

06 Feb '06

I wanted to share this excellent article >From the DOMINION-POST 1-06-06 Current and future fishing on the Cheat By Dave Milne WATER QUALITY HAS BEEN checked in the Cheat River since the 1950s. We all know it has greatly improved since that time with the exception of the mine blowout on Muddy Creek in 1994 that effectively killed the river from where Muddy Creek empties into the Cheat clear to Cheat Lake. Since the blowout, millions of dollars in treatment, monitoring, research, and studies has been done by such groups as Friends of Cheat , the National Mine Reclamation Center at WVU, Office of Surface Mining, WVDEP offices of Special Reclamation and Water and Waste Management, the Office of Surface Mining, Abandoned Mine Lands group, and the WVDNR. Without these groups and their funding and access to grants, these improvements would never have occurred. The Cheat River would have remained dead from a fisheries standpoint. Monitoring and other tests can give you relative numbers regarding all kinds of factors dealing with water quality. If you want to know exactly how good or bad the water is, go fish it! That is exactly what Frank Jernejcic, DNR fisheries biologist, does. Numbers of fish will let you know the water quality. In 1997, Jernejcic made one trip from the mouth of Big Sandy Creek at Jenkinsburg to the head of Cheat Lake. This is four miles and has lots of class 2 and 3 whitewater. He caught one 9-inch yellow perch! This past year, 2005, he made four trips and caught 132 fish representing seven species. A hundred of these were smallmouth bass. Other species included yellow perch, spotted bass, and pumpkinseed and green sunfish. Jernejcic said he caught five smallmouth per hour of fishing this past year on the Cheat. To give you some perspective on how good this is, he says that the same rate is good on the South Branch and New Rivers. Compare this to the four smallmouth he caught in two trips to Lake Erie and the three trips to the New River that yielded a grand total of 13. Things are certainly looking up for this portion of the river. In 1999, the DNR sampled the fish population on the Cheat at four locations: Seven Islands, Rowlesburg, the bridge where W.Va. 7 crosses the river, and at Albright. The total weights of all species found at the four locations were 58, 24, 18, and 1 pound, respectively. The numbers of each species found were 24, 17, 20, and twp, respectively. Weights of the smallmouth found at the four locations were 18, 7, 4, and 1 pound, respectively. According to Jernejcic, the decrease from Seven Islands to Rowlesburg is because the quality of the habitat begins to decrease and the nutrients from the Blackwater treatment station are beginning to diminish. The decrease from Rowlesburg to W.Va. 7 is due to the increase in the number of tributaries containing acid mine drainage. However, since 1999, great improvements have been achieved in water quality in the Cheat. Considering that the good range of pH for fish to survive is from 6 to 8.5, it’s important to note that the pH of the river has not been below 6 for the past year and a half at the head of Cheat Lake nor below 6.5 at Albright. The DNR maintains monitors in both locations that check temperature, conductivity, and pH. Muddy Creek is responsible for about 40 percent of the acid mine drainage in the lower Cheat. Friends of Cheat has plans to install three more passive treatment projects in 2006 and two more in 2007. Friends of Cheat and the other groups mentioned above work with each other through a common group known as the River of Promise. Cooperation and coordination on this level allows these groups to put their money where it will do the most good and improve the fishing on the main stem of the Cheat. From watching the news, I think FEMA should pay these people a visit and see what that organization could learn from them. They are obviously doing a lot of things right. As noted before, walleye fingerlings were stocked this past year in June and November from St. George to Rowlesburg. The improved water quality in the upper Cheat as a result of the improvement in water quality in the Blackwater should help the walleye. Jernejcic noted that the physical quality of the river in this area is good for walleye, but the question is whether or not they will have enough to eat. Sampling over the next couple of years will tell the story. Not only have the water quality and fishing improved, but some aesthetic improvements have also been made. The public access point at Jenkinsburg was purchased by one of the owners of Mountain Streams and Trails Outfitters, of Albright. This area had become a real eyesore due to unregulated camping, ATV use, littering, and erosion. The new owner has entered into an access agreement with Friends of Cheat and American Whitewater. This agreement led to fund-raising in the local and boating communities to match funding provided by the DEP/Non-Point Source Program for a total of $30,000. These funds were used for grading and graveling of a parking area, installing ATV barriers, and erosion control. The put-in/take-out ramp was reinforced. Public access to the lower Cheat is by foot only. DAVE MILNE serves on the state Natural Resources Commission and is a well-known expert on hunting and fishing in WV >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> Distributed from an email of: Charlie Walbridge Route 1, Box A43B; Bruceton Mills, WV 26525 304-379-9002; ccwalbridge(a)cs.com

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by Duane330＠aol.com 05 Oct '05

05 Oct '05

>From the Lake Lynn Dam................. Due to low lake inflows, per FERC permit procedures, we have cut back minimum flow at the dam from 212 cfs to 100 cfs. At this point in time lake level is remaining stable at approximately 868.8'. If inflows continue to drop we may see lake level drop since FERC does not permit us to cut back further on our minimum flow being passed at the dam. Hopefully we will see some rain in the watershed that will mitigate this problem. See: _www.cheatlaketoday.com_ (http://www.cheatlaketoday.com)

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by Jonathan Rosenbaum 05 Oct '05

05 Oct '05

Test1

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