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Recreation Plan Update (draft) now under consideration
by Duane330＠aol.com 09 Apr '12

09 Apr '12

CHEAT LAKE ENVIRONMENT AND RECREATION ASSOCIATION [CLEAR] NOTICE: FirstEnergy is now the power company that operates the Lake Lynn Dam, owns a substantial portion of the shoreline of Cheat Lake, and is responsible for the Cheat Lake Recreation Plan. This latter includes the Cheat Lake Trail, the Cheat Haven Hiking Trail, swimming at the Mill Stone Point beach, etc. Every three years the Lake Lynn Dam operator is to prepare a "recreation plan update" in draft form, send it out for review, have a public meeting to explain and answer questions, receive comments, and then prepare a final Update document. Then, this is all reviewed by the Federal Energy Regulatory Commission (FERC) so as to decide what changes (if any) should be made. The draft is late this year, but it is now available (see attachments). FirstEnergy has scheduled a public meeting for 6:30 pm on Tuesday, April 17th at the Cheat Lake Volunteer Fire Department on WV Route 857 North to present and discuss the draft Update. FirstEnergy has also submitted a request to FERC for a sixty day extension of the deadline for submission of the Update Plan to FERC. This would move the submission date from April 1st to May 31st. This extension will undoubtedly be granted, as it is reasonable since the ownership change has occurred during the past year. Please let me know if you have any comments or suggestions that CLEAR might submit. Duane Nichols, President, Mike Strager, V.P., Ann Chester, Secretary, Donna Weems, Treasurer, and Chad Pierscalla, Recreation Advisor

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WVEC Green Legislative Update and Spring Appeal
by Duane 06 Apr '12

06 Apr '12

> Subject: WEST VIRGINIA ENVIRONMENTAL COUNCIL During the past few months, I have reviewed the work and progress of the WVEC. I have been impressed by the amount of work they have done under very difficult circumstances. Unfortunately, the Governor does not place environmental protection on his priority list(s). In spite of this, some progress has been made. We need the WVEC in West Virginia, and the WVEC now needs us. Each of us is now needed to spread the word about this organization and to help out in this time of significant financial need. CLEAR has provided a few hundred dollars over the years and I am proposing that CLEAR contribute $200 at this time. In addition, I am asking you to make a direct contribution to WVEC (not deductible) or to CLEAR (deductible) for our public service projects. The CLEAR Treasurer is Donna Weems, 320 Dream Catcher Circle, Morgantown, WV 26508. Thank you for your support and assistance, Duane Nichols, President >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> > WVEC Green Legislative Update and Spring Appeal > > Dear Friends, > > Below you will find the 2012 edition of our “Green Legislative Wrap Up.” It will bring you up to speed on all the issues the Legislature dealt with (or not) in the recent session. And it will give you a glimpse at the hard work performed by your WVEC Lobby team in an effort to protect human health and the environment in West Virginia. > > However, much work remains to be done in the upcoming Legislative Interim sessions. > > We need your immediate financial contributions to ensure that the West Virginia Environmental Council lobby team, and our members and member groups have a seat at the table as discussions continue about better regulation of the Marcellus Shale industry and other issues vital to the protection of our environment. > > Unlike most previous years, WVEC ended the session in a budget deficit. Due to funding shortfalls we have as yet been able to pay some of our financial obligations. This is a critical time for this organization, and we are asking that you seriously consider this funding appeal so we can meet our obligations and continue our work. > > And that work is critical. Much of the groundwork for what the Legislature will do next year will be laid at the Interim Committee meetings. It took almost four years to pass a bill regulating Marcellus Shale drilling (weak as it is). This year in Interims we anticipate that legislators will begin to discuss improving that bill. We also anticipate that discussions will continue on changing the management at Coopers Rock State Forest, banning the injection of coal slurry in underground mines, and creating a “future fund” using natural gas severance taxes. And, then, there are always the DEP rules to worry about. > > Since 1989 the West Virginia Environmental Council has been your voice for the environment at the Legislature. We not only speak for your interests at important Legislative Interim sessions, but we are also able to keep you apprised of what's going on, alert you to meetings that might be important to attend and solicit your input on issues of importance before they reach the regular session. So please help us by sending a contribution today so we can continue to have a consistent “year-round” presence at the State Capitol. > > We thank you for your continued support. > > Donald S. Garvin, Jr. > WVEC Legislative Coordinator > > WVEC Green Legislative Update > April 6, 2012 WVEC Legislative Update Archive WVEC Alerts Archive > > To read the update online, click here or on article links below. If you want to view or print an exact copy of the printed newsletter, try the PDF version. > > Under the Dome > Whither (Or is it Wither?) our Democracy? > Solar Bill, HB 2740, Squeaks Through on Final Night > “Come And Get It” > The Good, The Bad, and The Ugly . . . > Calendar of Events > Links for anyone still using plain text email: > www.wvecouncil.org/legisupdate/2012/04_06.html > www.wvecouncil.org/legisupdate/2012/04_06.pdf > > Don Alexander > WVEC E-mail List Coordinator > Subscribe or Unsubscribe Online > Donate Online

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Fracking Awesome
by Duane Nichols 02 Mar '12

02 Mar '12

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Friends of Deckers Creek and Friends of Cheat active in water monitoring
by Duane 23 Feb '12

23 Feb '12

Marcellus Shale Community Symposium FODC is partnering with the West Virginia Surface Owners’ Rights Organization, Friends of the Cheat, and Preston County CARES (Citizens’ Alliance for Resources and Environmental Safety), to host a Marcellus Shale community symposium focused on land owners’ rights. Other topics to be addressed include leasing issues and volunteer water monitoring programs. The symposium will be held on Sunday, March 4th 2012 from 3:00 – 4:30 PM at the Bruceton United Methodist Church in Bruceton Mills, West Virginia and is open to the public. Julie Archer from the West Virginia Surface Owners’ Rights Organization (WVSORO) will present “The Top 10 Tips for Surface Owners Before/When the Oil and Gas Driller Shows Up”. Morgantown attorney Jay Leon who specializes in energy, oil, and gas law will address leasing issues such as lease holding and renewal. Friends of Deckers Creek and Friends of the Cheat will briefly discuss their citizen scientist monitoring programs. There will also be ample time for questions and discussion. This will be a great opportunity for residents to learn more about the potential environmental impacts from Marcellus Shale drilling, land owners’ rights, and to get involved with monitoring efforts. We hope to see you there! Seeking Volunteers for Citizen Scientist Monitoring Program FODC is currently looking for volunteers in Monongalia and Preston Counties to monitor streams in our watershed. We will train and equip you to monitor a specific sampling point every other week on your own time and how to upload the data online. There are numerous stream sites to choose from and we can work with you to locate a site close to your home, school, or work, etc. On Sunday, April 1st from 1-4 PM, FODC and Friends of the Cheat will be training and equipping volunteers for this monitoring program. This training session will be held in Percival Hall on WVU’s Evansdale campus and will include a stream monitoring trip. Please contact Pamela – pamela(a)deckerscreek.org for more information and to sign up to become a citizen scientist. >>>>>>>>>>>>>>>>>>>>>>>>>.......................>>>>>>>>>>>>>>>>>>>> Calendar of Events Saturday, February 25, 10 AM – 3:00 PM: Clean Creek Program water monitoring. Volunteers needed! Meet at the FODC office in Sabraton and pack a lunch. Waders and equipment provided. Contact pamela(a)deckerscreek.org for more information. Sunday, March 4, 3 – 4:30 PM: Marcellus Shale Land Owners’ Rights Community Symposium. Bruceton United Methodist Church in Bruceton Mills. Open to the public. Sunday, April 1, 1 - 4 PM: Volunteer water monitor training. Percival Hall on WVU’s Evansdale campus.

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WVU Walleye Telemetry Project
by Duane330＠aol.com 01 Feb '12

01 Feb '12

Subject: WVU walleye telemetry project Hello colleagues, Attached is a map of Cheat Lake with locations marked where we currently have buoys with telemetry receivers attached to them as part of the walleye movement study. Buoy locations are marked by red dots. We have receivers in the upstream river section as well, but these are not attached to buoys. The buoys are standard "No Wake" buoys and also are marked with "WVU Research 304-293-5006" which is my advisor Stuart Welsh's phone number. I am sending this out to avoid confusion about our unexpected buoys in the lake this way you know where they are supposed to be. Also spread the word to anyone you feel appropriate who lives or works on the lake so that they are aware as well. We have already had a man who has lakeside property in the Canyon Cove area mistakenly remove one of our buoys with receiver attached. The buoy was not by his property but apparently he thought it was not supposed to be where it was. Thankfully he contacted us and we are scheduled to meet with him to pick up our equipment this Friday. Anyways, sorry for the extended email but we are trying to avoid more confusion such as this. If you should have any questions feel free to contact me via email or phone (304-695-3284). Thank you, Dustin Smith

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Survey on the Cheat Watershed
by Duane 31 Jan '12

31 Jan '12

http://www.surveymonkey.com/s/KD3K8ZG In collaboration with West Virginia University and your local watershed organization, we are interested in your perspective and opinion about the recreational quality of West Virginia’s rivers and streams. Your opinions and attitudes regarding the local watershed are greatly valued. By obtaining local input we will be able to evaluate and help establish more effective management strategies in the improvement of state waters. This survey is voluntary, anonymous, and no individual responses will be identified within published data. If you have any questions or concerns regarding the survey please feel free to contact: Jennie Franks at jfranks1(a)mix.wvu.edu Survey will take approximately 5-10 minutes to complete.

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A Threat to the Core Arboretum
by Dee Fulton 22 Jan '12

22 Jan '12

ALERT!!! Please send off an email to Dr. Richard Thomas asking that the Arboretum be spared from destruction due to development of a new roadway (see emails below for details). Please forward this to others and put this out on your Facebooks. Thank you! Dee -----Original Message----- From: Ann Payne <paynestake(a)frontier.com> To: Ann Payne <Paynestake(a)frontier.com> Sent: Sun, Jan 22, 2012 4:04 pm Subject: A Threat to the Core Arboretum There is a WVU Master Plan proposal being considered that, if pursued, would introduce a roadway into the Core Arboretum's upper area, destroying its present gracious entrance, with its lawns and handsome trees. This road would reduce the Arboretum's parking area, destroy valuable planted specimens, and force some trail relocation. If you, like so many of us, adore the Arboretum and feel it should be preserved as it is, please write a quick note to Dr. Richard Thomas, who is collecting comments, at: Dr. Richard Thomas Chair, WVU Department of Biology PO Box 6057 Morgantown, WV 26506-6057 or email him at Richard.Thomas(a)mail.wvu.edu to express your concerns. It may spare the Arboretum if those who make the final decisions learn how much this green space means to so many. Please dash off that note! Thank you. I am copying information below with much more detail. If you would, please pass this message along to others. Ann P.S. Thanks for the reminder, Cindy. Just back in town from Phoebe's first birthday. :-) Begin forwarded message: Core Arboretum Email News – January 18, 2012 Evansdale Changes Could Affect Arboretum Perhaps you’ve heard about WVU’s Evansdale campus master plan, a comprehensive blueprint for an ambitious, much-needed makeover that is expected to include $160 million in new buildings as well as major changes in landscaping, parking, and vehicular and pedestrian traffic patterns. WVU officials presented preliminary drawings and discussed the plan at two public forums last October 24. The plan’s goals, which include creating a more collegial atmosphere for the campus, vastly improving facilities for research and teaching, and generally upgrading the Evansdale experience for students and faculty, are laudable. However, a few attendees at the forums, myself included, expressed concerns about a tiny roadway that showed up on one bird’s-eye view. As drawn, this roadway would pass through the highest part of the Arboretum, running from the Coliseum parking lot to the intersection of Evansdale Drive and Monongahela Boulevard, at the location of the current Arboretum parking lot. The drawing showed the proposed roadway tucked in above all Arboretum trails. I found this drawing to be disturbing and disingenuous. Even a casual visit to the site would reveal that the proposed roadway would need to dip at least a bit farther into the Arboretum, requiring massive filling to address topographic challenges, forcing the relocation of some trail sections, wiping out many planted trees and shrubs of merit, eliminating most of the Arboretum parking lot, and degrading the experience of visitors to the nearby lawn and specimen tree area. This area is the most public and heavily visited part of the Arboretum, useful for teaching, popular with casual visitors, and the site of an occasional wedding. Subsequent meetings with University personnel have led me to a partial understanding of the thinking behind the roadway proposal, but I remain stunned that an administration that is steadfast in its efforts to defend the Arboretum against a different proposed roadway can simultaneously contemplate building its own roadway through part of the Arboretum. One goal of the master plan is to improve the safety of pedestrians crossing Monongahela Boulevard. Currently, students and others routinely jaywalk to get between the free parking lot at the Coliseum and the main part of the Evansdale campus. The idea is to change the light by the Arboretum parking lot to stop traffic on the Boulevard, which now has perpetual through traffic in the eastbound right-hand lane, so pedestrians could use a new crosswalk there. (Such a change should also equalize utilization of the eastbound Boulevard lanes – currently, nearly all traffic tries to squeeze into the right-hand through lane.) I agree wholeheartedly with the goal of improving pedestrian safety, and I think the crosswalk/traffic signal proposal may well have merit. A solid barrier protecting pedestrians along the Arboretum side of the Boulevard could also serve as a partial road noise barrier for the Arboretum. Then, however, the thinking evidently took the turn that could be damaging to the Arboretum. If we stop traffic at the light, why not make that a four-way intersection? Then, why not build a roadway through a little bit of the Arboretum, a roadway to connect the intersection at the Arboretum to the Coliseum parking lot? This could take some of the pressure off the intersection at the Coliseum traffic light. Ideas for possible one-lane or two-lane roadways are currently being studied, as are replacement parking somewhere designated for Arboretum visitors and the possible addition of new arboretum land elsewhere in Morgantown. Ironically, the traffic flow situation of most evident concern at last week’s meeting of University personnel might not be helped by the proposed roadway. I refer to what happens after men’s basketball home games. Currently, there is at those times continuous flow out of the eastern end of the Coliseum lot, proceeding eastbound down the Boulevard. Unless I’m missing something here, the proposed roadway would merely shift this flow through the Arboretum on its way to the Boulevard. The rate at which cars leave the Coliseum lot would not increase at all. My boss, Department of Biology Chair Dr. Richard Thomas, has offered to collect letters from persons who wish to express an opinion on the idea of a new roadway through the top of the Arboretum. Please send any such letters to: Dr. Richard Thomas Chair, WVU Department of Biology PO Box 6057 Morgantown, WV 26506-6057 Thank you for considering this, and please remember, everyone involved at WVU wants only to do what is best for the University. It’s just that different persons have different ideas about what that means. Jon Weems Arboretum Specialist WVU Department of Biology Morgantown, WV 26506-6057 304-293-5201 ext. 31547 jweems(a)wvu.edu Ann Reflections: Homage to Dunkard Creek

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Joan Pitzer sends a Winter Solstice message
by Duane 21 Dec '11

21 Dec '11

December 22- the Winter Solstice, and two years since Keith's passing. My plans are to honor him once again, as a musician extraordinaire, and for his environmental work as the Executive Director of Friends of the Cheat. The Keith Pitzer Memorial Fund was originally established to be put towards the "green building"/office he had envisioned. Realizing that could easily be a multi-million dollar project funded by grants, the family plans to put the money towards a much needed new performance stage at the festival site in his honor. This would reflect his talents as a musician as well as his work with FOC. From past donations we are about half-way there. So if you would like to join us in honoring his legacy, donations can be made to the Keith Pitzer Memorial Fund, FOC, 119 S. Price St., Suite 206, Kingwood, WV 26537. Let the music begin.

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ACTION ON MARCELLUS FRAMEWORK IN CHARLESTON
by Duane330＠aol.com 11 Dec '11

11 Dec '11

QUICK OVERVIEW: SUNDAY: The House and Senate will convene Sunday at 5pm to begin the special Session on Marcellus shale drilling regulation.Tonight at the opening of the session, in the House the bill was read and single referenced to Judiciary Committee which will meet at 9am Tuesday. In the Senate, the bill was NOT read, but simply announced (puzzling...usually done when they're trying to kill a bill), and double referenced to Judiciary and Finance Committees. The Senate Judiciary will meet at 9am tomorrow, Monday. MONDAY: THIS IS WHEN WE NEED THE NUMBERS!!! YOU DON’T HAVE TO DO OR SAY ANYTHING – JUST SHOW UP 12 noon, we will hold a press conference in the Lower Rotunda 4:30pm House of Delegates will hold a public hearing in the House Chamber THE GAS INDUSTRY IS HOLDING A RALLY AND THERE WILL BE PRO- DRILLING “CITIZENS” THERE IN MATCHING T-SHIRTS. TUESDAY: The bill will be taken up by House Judiciary. DETAILS AND DIRECTIONS: A few things about our capitol for newcomers………. Directions: The Capitol is in the East End of Charleston, off of I-64, take the Airport/Capitol/Greenbrier St. exit 99. Parking: Rarely available on capitol grounds, fair luck on side streets, but there is a public parking lot next to nearby Laidley Field with a shuttle bus to the capitol building. Ground level entrances to the capitol will lead you to our meeting area under the dome at the Information Desk. With few exceptions, all areas of the capitol building are freely open to the public. We can guide you to offices of your officials and provide with talking points. Dressing appropriately and being courteous and friendly goes a long way toward overcoming indifference and resistance from the lawmakers Here are contact numbers for you if needed. Chuck Wyrostok – Sierra Club 304 545 6325 Carol Warren – Ohio Valley Environmental Coalition OVEC 304 539 2240 Julie Archer – WV Surface Owners Right Organization SORO 304 610 9094 Denise Poole WV Environmental Council 304 617 7073 BACKGROUND: Following three years of deliberation and after months of labor by the Joint Select Committee, Governor Tomblin took a knife to their “agreed upon” bill, hacking out vital parts like an apprentice butcher. Here’s what we know so far: Some of the things the governor’s bill would do: Allow pits to be buried on site Eliminate the provision that allowed for DEP to call a public hearing on a drilling permit application. It looks like they also eliminated the public (publication) notice and comment. Reduce the distance from a water well for required testing 2,500' to 1,500 feet Make the landowner go to court to get water replacement and there is a now definition of "water purveyor" that may limit who gets notice. Eliminate the legal notice to adjacent landowners Reduce some of the buffer zones for rivers, streams, wetlands, etc. Eliminate the "special conditions" amendment Remove the amendment regulating air quality Remove the traditional power of local government to regulate zoning and land development of gas activities as well as other aspects, such as the time and the place of operations to protect health, safety and welfare of the general public through local ordinances and enactments. SUNDAY: The House and Senate will initially convene a Special Session Sunday at 5:00 PM. The bill will be read a first time and then referred to committees. Environmental lobbyists will be there to monitor this. No voting on this can take place until it’s in the committee rooms and then back out into the Senate and House. MONDAY: 12 noon, we will hold a press conference in the Lower Rotunda (ground floor under the dome). Citizen groups and landowners who know from personal experience about their own small private hell will speak. If you have experienced drilling travesties and can be there, please contact me at _outreach(a)marcellus-wv.com_ (mailto:outreach@marcellus-wv.com) and plan to arrive by 11:30am. Earlier arrivals can meet us there to plan action for the day. Environmental lobbyists from several organizations will be there to meet, greet and guide you. MONDAY 4:30pm House of Delegates will hold a public hearing in the House Chamber. Anyone can sign up to speak. Get there early to sign up. The gas industry will rally their people at a nearby church between 2:30 & 3pm. They will show up at the public hearing all wearing the same color t-shirts. Their message will be to support the industry -- no particular position on the bill. TUESDAY: The bill will be taken up by House Judiciary. It will be crucial to have a large presence there to make our needs known to our Delegates and Senators and press them to pass strong rules in spite of the Governor’s betrayal of the people. If you only do one thing against this blatant industrialization of our hills, please make this the one. This is a pivotal point in this campaign and we need to throw everything we've got at preventing them from passing an empty bill and calling it "fixed". They are all accountable and we will call for a moratorium on further permits unless we get the elements into law that are nothing more than our human rights. If you cannot be there, you can play a powerful role by _calling or emailing your Delegate and Senators._ (http://www.legis.state.wv.us/Districts/district_zip/zipmems.cfm) Tell them you are a constituent in their district. They must thoroughly understand our determination to secure our rights for a safe supply of water and air and for preservation of our rights as landowners. How forcefully citizens make their legislators carry out their sworn constitutional duties will determine what kind of future we will have here in West Virginia. The bill and a bill summary are posted online: 10 page summary of bill at: _http://www.governor.wv.gov/newsroom/pressreleases/Documents/Governor%27s%20 Summary_Horizontal%20Well%20Act.pdf_ (http://www.governor.wv.gov/newsroom/pressreleases/Documents/Governor's%20Summary_Horizontal%20Well%20Act.pdf) Complete 99 page bill at _http://www.legis.state.wv.us/Bulletin_Board/Proclamation/2011/Governor%27s_Marcellus_Shale_Bill.pdf_ (http://www.legis.state.wv.us/Bulletin_Board/Proclamation/2011/Governor's_Marcellus_Shale_Bill.pdf) It is citizen pressure that caused the calling of this Special Session and it will be citizen pressure that will ensure passage of a strong Marcellus bill. Chuck Wyrostok,Sierra Club Outreach Organizer Toll free 877 252 0257, E: outreach(a)marcellus-wv.com _www.marcellus-wv.com_ (http://www.marcellus-wv.com) See also: _www.frackcheckwv.net_ (http://www.frackcheckwv.net)

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Support CLEAR and the Friends of Cheat as much as you can!
by Duane330＠aol.com 15 Nov '11

15 Nov '11

ENVIROBYTES, A SUMMARY OF ISSUES AND EVENTS FOR WEEKS ENDING OCTOBER 21, 2011 TO NOVEMBER 4, 2011 EPA IS EVALUATING HYDRAULIC FRACTURING’S POTENTIAL IMPACTS ON DRINKING WATER On Nov. 3, EPA announced a final research plan to scientifically evaluate hydraulic fracturing, a technology used to extract natural gas. This plan will help determine hydraulic fracturing’s impact on the nation’s drinking water and to safeguard the environment and public health. The initial research results and study findings will be released to the public in 2012, with the final reporting ready in 2014. _www.epa.gov/hydraulicfracturing_ (http://www.epa.gov/hydraulicfracturing) See also: _www.frackcheckwv.net_ (http://www.frackcheckwv.net) >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> NOTE: CLEAR is working with the Friends of the Cheat, with offices in Kingwood, to continue to clean up the Cheat Watershed. In this regard, we are particularly concerned that around 40 permits for Marcellus drilling and fracking that have already been issued in the watershed. Also, there is concern that a Marcellus drilling wastes disposal site may be permitted and developed near the confluence of the Big Sandy and Little Sandy, not far from Bruceton Mills in the Cheat watershed. Leach drainage and runoff from well pads and from disposal sites would bring heavy metals and toxic organic compounds into the Cheat River and into Cheat Lake. Chlorides and bromides could also become a problem. We are concerned for the wildlife (fish and other creatures) as well as the recreational quality of Cheat Lake. We also want to protect the water quality in the Monongahela River and the Ohio River. Duane Nichols

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Banner Year for CLEAR
by Donna Weems 05 Nov '11

05 Nov '11

Dear Friends, The Cheat Lake Environment and Recreation Association (CLEAR) works to promote recreational and environmental improvements on Cheat Lake. This has been a year for the completion of several initiatives that have been the works for many years. Under the capable direction of Duane Nichols, and the dedication of hardworking and longstanding members, CLEAR: • developed a beautiful new beach at Mill Stone Point for swimming (at your own risk) • opened a first rate new hiking trail in Cheat Haven wild life viewing area • dedicated a CLEAR dock for public use near the Cheat Haven hiking trailhead • the South portion of the hiking/biking trail will be open for use all year • cleaned up debris from Millstone point and other areas • monitored the water quality of Cheat Lake. There is still work to be done: • address the high rate of erosion and sedimentation in the Cheat Lake area • deal with the debris that continuously floats down Cheat Lake • clear the lake large snags that are dangerous to boaters. • enforce guidelines for new dock construction on Cheat Lake • continue to monitor the water quality of Cheat Lake to make sure the quality is sufficient for dedicated uses • communicate the location and recreational opportunities at the Cheat Lake Park and Trail. Who else does this work? Help us continue our work on Cheat Lake. Please support this effort by renewing your CLEAR membership. Annual Dues: $15 individual $25 family Make your checks out to CLEAR and send your annual membership dues to; Donna Weems Treasurer, CLEAR 320 Dream Catcher Circle Morgantown, WV 26508 For more information, contact CLEAR at: CLEAR1Lake(a)aol.com Lake user information at: www.cheatlaketoday.com

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Report on Sept. 21st Meeting on Proposed Preston Landfill
by Duane 22 Sep '11

22 Sep '11

Hello Everyone! Last evening a successful meeting took place at the Bruceton School cafeteria! Working groups were established and individual members and groups are now beginning to work toward the organization's major goals. Our current working mission is, "The group supports responsible management of Preston County land and resources as a component of economic development and wants to equip residents, elected officials, and legislators with accurate information." We are still looking to get more community members involved. If you know of anyone interested please have them email: prestoncares2011(a)yahoo.com with their contact information. We are working toward a call down/phone tree to contanct members who do not have access to email but, this is not in place yet. If you know of someone without email access who would like to be included please email their phone number to prestoncares2011(a)yahoo.com If you missed last night's meeting and would like to take a role in the organization regardless of how big or small please contact us via email. The Buckwheat Festival is just around the corner! Preston CARES is taking great strides to coordinate the first-ever recycling effort during this event. Come and support our efforts! While you are out, please stop by the Preston CARES booth in the commericial/business area. We have two important petition to sign. The first petition is to oppose the landfill at the confluence of the Big Sandy and Little Sandy. The second petition is to support the designation of our streams and rivers as National Recreation Areas-this petition will protect our water resources for recreation. Both are excellent causes and both need your support and the support of your friends and neighbors. Please pass the word along and encourage those you know to stop by and sign both petitions! Preston CARES will hold another meeting in October 2011 the time and location will soon be announced. We look forward to seeing you and working with you to promote and protect our pristine Preston County. Please contact us if you have questions, ideas, and/or concerns! Cheers, Jen Short

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MON RIVER TRAIL
by Duane 22 Sep '11

22 Sep '11

RE. MON RIVER TRAIL Hi everyone, An email from Tim Ball with MUB and their plans to reopen the trail very soon- this is temporary until they have hired a company to fix it and they can mobilize. He also has been trying to get WVU work on the PRT resolved to move the equipment that now sits on the trail. Ella Good news! Our consultant tells us that it should now be safe to place gravel to re-level the trail between 6th St and the Arboretum. We are currently working to temporarily reopen the trail with a compacted gravel surface in the area of the slip. We will have to close the trail again, once our permanent work gets underway, but for the next several weeks (including specifically Sun Oct 9), it will be re-opened. This should be accomplished by the end of this week. The only complication that might affect this is that WVU is working on the PRT from the closed portion of the rail trail. We are trying to determine when they will be done. See separate email that I will forward to you. Thanks for your kind patience and cooperation. Best Regards, Tim Ella Belling Executive Director Mon River Trails Conservancy P.O. Box 282 Morgantown, WV 26507 www.montrails.org Duane Nichols, Cell- 304-216-5535.

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RAIL TRAIL SYSTEM
by Duane 16 Sep '11

16 Sep '11

Rail-trail extension plan moves forward Commission awards MSES with contract to add 17 more miles BY CHRIS DALE For The Dominion Post Marion County Commissioners moved closer to almost doubling the mileage of the county’s rail-trail system Wednesday. “We’ve been working on this project for five or six years,” Marion County Planning and Development Director Richard Walton said. “CSX wants to donate property, but before they do, CSX and our county want to ensure it meets certain standards,” he said. “Today’s action permits us to go ahead and negotiate a contract and fee with MSES Consulting to conduct environmental testing.” Commissioners awarded a contract for Environmental Engineering Services for the rail-trail. MSES was chosen by a committee comprised of three community members: Walton, Tony Michalski and Kris Cinalli. The committee reviewed 12 proposals before selecting MSES Consulting. The committee will now negotiate a contract and fees with MSES for the work. The contract and fees will then go to the commission for approval. “We expect the environmental review to begin in the next couple of weeks and be finalized sometime in mid-October,” Walton added. “Testing will begin when CSX executes the agreement and we negotiate a contract with MSES.” Michalski, assistant director of Marion County Parks and Recreation, is excited by the prospects the trail provides Marion County residents. “We already have 20 miles of trail within the county, and this will add approximately 17 more miles,” he said. Perhaps more importantly, the trail will extend to the northern part of the county. “This develops a corridor into the northern part of the county, from Barrackville to Dent’s Run,” Michalski said. “We plan on making an across-town link to connect to the West Fork River Trail and the MCTrail. The MCTrail connects to the Mon River Trail, which runs through Morgantown and into Pennsylvania.” Duane Nichols, Cell- 304-216-5535. P.S. The Sheepskin Trail project has also made some progress this year, to provide an extension of the Mon River Trail in Pennsylvania.

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RALLY THURSDAY AT MORGANTOWN INDUSTRIAL PARK
by Duane 14 Sep '11

14 Sep '11

W.Va. Marcellus committee clears permit fee hurdle By Lawrence Messina, Charleston Gazette, September 14, 2011 CHARLESTON, W.Va. -- Natural gas operators would pay $10,000 to drill a well in West Virginia's share of the Marcellus shale field, and $5,000 for each additional well at the initial site, under a proposal adopted Wednesday by a special legislative committee. The House-Senate panel also approved provisions increasing bonds posted for well projects, enhancing public notice of drilling and compensating the owners of surface land where operators drill their wells. With the committee resuming its work next month, Wednesday's changes move lawmakers closer to a regulatory bill that they hope to propose during a special session before year's end. But the permit fee amendment has been considered a crucial hurdle in the process. Operators now pay just a few hundred dollars for a permit. The resulting revenues have helped to leave the Department of Environmental Protection's Oil and Gas office with a $1 million shortfall in its budget. Tapping the rich Marcellus reserve can involve a horizontal drilling method that differs from the practices followed for vertical wells. Marcellus drillers also employ hydraulic fracturing, or fracking, and pump a high-volume, high-pressure mix of water, chemicals and sand into wells to release the shale's gas. The mile-deep rock formation, stretching beneath several states in the region, is considered one of the world's largest natural gas fields. The resulting push to drill into the shale has spurred concerns about the large amounts of water needed, the potential effects of drilling and fracking on nearby drinking supplies, and what happens to the tainted frackwater afterward. Lawmakers estimate the amended permit fees would provide DEP with $2.5 million annually, enough to cure that shortfall and allow the office to add as many as 15 additional staffers. The office would hire two field inspectors for every office worker it adds, DEP lawyer Kristen Boggs told the committee Wednesday. "I think that this is a very good compromise," said Delegate Tim Manchin, D-Marion and the committee's House co-chair. "This is a very good step forward in terms of trying to meet the needs of the folks in the impact zone and get more feet on the ground and to restore some confidence in the people that the that the state is watching out for them." Senate Co-Chair Doug Facemire said natural gas operators support the amendment. "The industry made it clear to us that they wanted to try to protect the environment and the citizens," the Braxton County Democrat said, adding that "The industry did not try to fight or obstruct this. That's an important thing, also, to bring up." The Legislature proved unable to pass a Marcellus measure during this year's regular session. Acting Gov. Earl Ray Tomblin has since ordered DEP to issue emergency regulations. Approved last month, these temporary provisions requires drillers to explain how they'll protect area land, manage the large volumes of water involved and respond to accidents, among other topics. But environmental groups and the West Virginia Surface Owners Rights Organization argue that the emergency rule as falling short in such areas as air pollution and surface owner protections. The special committee expects to consider some of those subjects during October's interim study meetings. Critics of the state's handling of this issue include West Virginia for a Moratorium on Marcellus. They plan to picket Thursday outside a well site at Morgantown Industrial Park. This Marcellus project spurred a Morgantown ordinance banning horizontal drilling-hydraulic fracturing operations within or near city limits. A circuit judge has since blocked that ordinance. >>>>>>>>>>>>>>>>>>>>>>>>>>>...............................<<<<<<<<<<<<<<<<<<<<<<<<<<< Thursday,September,15·at-11:00am-6:00pm Location Near the entrance to Morgantown Industrial Park Created By Candace Jordan For Stop the Fracking in Morgantown Industrial Park More Info RALLY ON THURSDAY! LET YOUR VOICES BE HEARD AT MORGANTOWN INDUSTRIAL PARK! HYDRO-FRACKING WILL BEGIN ON THE MARCELLUS WELLS IN MORGANTOWN INDUSTRIAL PARK IN MID-SEPTEMBER. BEFORE WE'RE FRACKED--LET PEOPLE IN MORGANTOWN AND THROUGHOUT WV KNOW THAT WV4MOM AND OTHER CITIZENS ARE WATCHING AND MONITORING GAS COMPANY ACTIVITIES. WE ARE NOT GOING TO GO AWAY. WE ARE NOT GIVING UP THE FIGHT TO PROTECT OUR AIR AND OUR WATER AND THE QUALITY OF OUR ENVIRONMENT. COME TO A RALLY AT THE ENTRANCE TO MORGANTOWN INDUSTRIAL PARK! LET'S RALLY AGAINST MARCELLUS DRILLING AND HYDRO-FRACKING! IT'S ABOUT TO BEGIN! WHERE: At the entrance to Morgantown Industrial Park. We have chosen a safe zone that is public space. We are allowed to rally 100 ft. from the intersection before the entrance to the Park. We will demarcate the area. WHEN: THURSDAY, SEPTEMBER 15, 11 am to 2 pm and 4 pm to 6 pm. NOTE: THERE WILL BE A BREAKFROM 2 PM TO 4 PM. WHY: WV4MOM would like everyone to know that we have not gone away and that we will be watching the activities of the gas companies as they begin horizontal hydro-fracking. We also want our City Council to know that we want an appeal to Judge Tucker’s ruling. WHAT YOU CAN DO: 1. Come to the rally. Stay part of the time or all of the time. 2. Please make signs that say things like: Don't frack with our water/We can't drink money/We are watching you/Fracking is not appealing--is Morgantown?/Regulate fracking now. (Get creative, stay g-rated.) 3. Please tell your friends or others to join us. For parking: Westover Park is 1/3 mile from the intersection. If you turn right at the intersection when you are on River Road, Westover Park is about 1/3 of a mile on the left. For people who cannot walk this distance, we will work together to shuttle everyone from the Westover Park to the Rally. Duane Nichols, Cell- 304-216-5535.

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Calling for a Ban on Hydrofracking
by Duane 07 Sep '11

07 Sep '11

Welcome to when the little guys become the big guys. There are hundreds of local grassroots groups in the USworking on issues related to fracking, clean water, and environmental health. Most of the individuals that make up these groups are, like us, committed unpaid volunteers who are passionate about protecting our water, air and public health. Together all of our groups and organizations make up a profound grassroots movement that carries immense power for positive change. Well, the time has come for these grassroots groups to become the big guys and bring about this change. We've been waiting a long time, and now is our time in the sun. Let’s get together and be the large constituency we are. Take action! The National Grassroots Coalition is partnering with Josh Fox and Gasland, Credo, Democracy for America, Food and Water Watch, United for Action, and several other organizations to push a National Call Day to President Obama on September 13th. We will be calling President Obama and letting him know that we oppose Hydraulic Fracturing. Join us in announcing to your email list, website, and on Facebook and other social media this major national action. Here are the details of the call day: Call the White House at 202-456-1111 or 202-456-1414 between 9 am and 5 pm EDT on September 13th. Say, "Hello my name is ______, I live in (City, State) and I oppose hydraulic fracturing and I want renewable and sustainable energy policy solutions." Feel free to copy this message to anyone that is appropriate in your organization. The important thing is that we let President Obama know that there is a lot of opposition to fracking. If the phone lines get jammed, send an email through the White House Contact page here. (http://www.whitehouse.gov/contact) This is going to be the first action of many more to come as we, together steer this country to more sane and sustainable energy policies where we don’t have to poison ourselves to power our lives. If you have questions about this event, or would like to be listed on our website, please email nationalgrassrootscoalition(a)yahoo.com or contact your regional coordinator. Thanks so much! Together we can do this! David, Ling, Nona, Diana, Chris, Eric, Rebecca, Kathy, Beth, Mary Ellen, Lynn, Charlie, Kate, Edie, Ellen, Merle, Sharon, Amanda, Alice, Meredith, and the rest of the National Grassroots Coalition Team powered by volunteers from United for Action. Duane Nichols, Cell- 304-216-5535.

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Mon River Trail mudslide south of Morgantown
by Duane 07 Sep '11

07 Sep '11

>> Ella Belling <ella(a)montrails.org> 9/6/2011 2:26 PM >>> Hi everyone The Mon River Trail south near mile 12 (between Morgantown city limits and Uffington) is closed due to a massive mudslide. The Mon River Trails Conservancy will let you know when it is cleared enough to be passable but clean up may take up to 2 weeks due to the forecast of rain all week. Thanks for your patience and please help spread the word, Ella Ella Belling Executive Director Mon River Trails Conservancy P.O. Box 282 Morgantown, WV 26507 www.montrails.org >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> Duane Nichols, Cell- 304-216-5535. Also, we have been informed that the water level in Cheat Lake did not need to be lowered below 868 feet above sea level after all. See also: www.cheatlaketoday.com

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Fwd: Cheat Lake Today Update
by Duane 06 Sep '11

06 Sep '11

> Date: September 6, 2011 9:12:47 AM EDT > To: <Duane330(a)aol.com>, "Michael Strager" <mstrager(a)wvu.edu> > Subject: Cheat Lake Today Update > > Due to high flows we will be pulling the lake below the 868 minimum level later today. At this time we will not go below 867.00’ unless conditions change. Fyi. acd > > > A thought to ponder- > > "Our greatest glory is not in never falling but in rising e very time we fall" > > Confucius > > > A.C. Datsko > > Manager Consolidated Hydros > > FirstEnergy Generation Corp. > > Lake Lynn Hydroelectric Power Station > > PO Box 97 > > Lake Lynn, Pa 15451 > > SEE ALSO www.cheatlaketoday.com >

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Significant Earthquake Jars Region
by Duane330＠aol.com 24 Aug '11

24 Aug '11

_http://earthquake.usgs.gov/earthquakes/recenteqsww/Quakes/usc0005ild.html_ (http://earthquake.usgs.gov/earthquakes/recenteqsww/Quakes/usc0005ild.html) Magnitude 5.9 - VIRGINIA 2011 August 23 17:51:03 UTC * _Details_ (http://earthquake.usgs.gov/earthquakes/recenteqsww/Quakes/usc0005ild.html#d…) * _Summary_ (http://earthquake.usgs.gov/earthquakes/recenteqsww/Quakes/usc0005ild.html#s…) * _Maps_ (http://earthquake.usgs.gov/earthquakes/recenteqsww/Quakes/usc0005ild.html#m…) * _Scientific & Technical_ (http://earthquake.usgs.gov/earthquakes/recenteqsww/Quakes/usc0005ild.html#s…) Earthquake Details * This event has been reviewed by a seismologist. _Magnitude_ (http://earthquake.usgs.gov/earthquakes/glossary.php#magnitude) 5.9 _Date-Time_ (http://earthquake.usgs.gov/earthquakes/glossary.php#date) * Tuesday, August 23, 2011 at 17:51:03 UTC * Tuesday, August 23, 2011 at 01:51:03 PM at epicenter _Location_ (http://earthquake.usgs.gov/earthquakes/glossary.php#location) 37.975°N, 77.969°W _Depth_ (http://earthquake.usgs.gov/earthquakes/glossary.php#depth) 1 km (~0.6 mile) (poorly constrained) _Region_ (http://earthquake.usgs.gov/earthquakes/glossary.php#region) VIRGINIA _Distances_ (http://earthquake.usgs.gov/earthquakes/glossary.php#distances) 45 km (27 miles) E of Charlottesville, Virginia 55 km (34 miles) SW of Fredericksburg, Virginia 64 km (39 miles) NW of RICHMOND, Virginia 82 km (50 miles) NNE of Farmville, Virginia _Location Uncertainty_ (http://earthquake.usgs.gov/earthquakes/glossary.php#uncertainty) horizontal +/- 10.9 km (6.8 miles); depth +/- 7.4 km (4.6 miles) _Parameters_ (http://earthquake.usgs.gov/earthquakes/glossary.php#parameters) NST=390, Nph=390, Dmin=57.9 km, Rmss=1.17 sec, Gp= 47°, M-type=regional moment magnitude (Mw), Version=6 _Source_ (http://earthquake.usgs.gov/earthquakes/glossary.php#source) * Magnitude: USGS NEIC (WDCS-D) Location: USGS NEIC (WDCS-D) _Event ID_ (http://earthquake.usgs.gov/earthquakes/glossary.php#eventid) usc0005ild

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WV DEP TO INSPECT ALL CLASS C COAL RELATED IMPOUNDMENTS
by Duane 23 Aug '11

23 Aug '11

======================================================== Tuesday, August 23, 2011 @ 5:18 PM ============================================================ In response to today’s earthquake, the West Virginia Department of Environmental Protection’s Division of Mining and Reclamation plans to inspect all Class C coal-related impoundments in the state by tonight, DMR Director Tom Clarke said. Class C impoundments have high hazard potential. Inspections will be done in consultation with the DMR’s regional dam engineer. All other impounding structures and embankments should be examined within 72 hours, Clarke said. All of the DMR’s inspection staff and engineers were certified or re-certified in impoundment inspection earlier this month. Duane Nichols, Cell- 304-216-5535.

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Press Conference Monday At Morgantown Waterfront Fountain: Can you attend?
by Duane330＠aol.com 20 Aug '11

20 Aug '11

Charleston Gazette Saturday 20 August 20111: W.Va. citizens continue to push for drilling reforms August 19, 2011 by Ken Ward Jr. More than a month after Senate President Earl Ray Tomblin, acting as governor, _ordered “emergency” rules_ (http://blogs.wvgazette.com/watchdog/2011/07/11/tomblin-plans-drilling-annou…) to toughen regulation of natural gas drilling in West Virginia, and the state Department of Environmental Protection has yet to issue those rules. We still don’t know _what role the oil and gas industry’s lobbyists played_ (http://blogs.wvgazette.com/watchdog/2011/07/27/drilling-lobbyists-consultan…) in crafting Tomblin’s executive order, or what role they may be playing behind the scenes in developing the WVDEP’s rules. Are any _significant changes being made_ (http://blogs.wvgazette.com/watchdog/2011/07/28/what-else-did-tomblin-change…) at industry’s behest? In the Daily Mail, Ry Rivard _reports_ (http://www.dailymail.com/News/statehouse/201108171389) that a new law on drilling practices is unlikely to happen before the end of this year — and some lawmakers seem in no hurry to work on such legislation. Meanwhile, a coalition of citizen groups are planning dual events in Morgantown and Charleston on Monday to call attention to what they say are weaknesses in the Tomblin executive order. According to a press advisory from the West Virginia Surface Owners Rights Organization: West Virginia citizens need strong protection from a range of effects of Marcellus shale and other natural gas drilling and production. Representatives from participating organizations will address such issues as air, land, and water pollution from drilling operations; water usage and waste disposal; light and noise pollution; lack of surface owners’ rights; and lack of sufficient DEP inspectors to enforce the law and ensure safety. Participants are critical of the measures proposed in Governor Tomblin’s Executive Order as being insufficient to provide the protections citizens are demanding and are calling on the legislature to act swiftly. The advisory added: The Charleston event will also include testimony from the Hagy family. The Hagy’s water well became contaminated and family members became sick after a natural gas company drilled and hydraulically fractured three natural gas wells on their property in Jackson County. Readers may recall that the Hagy’s experience _was outlined in great detail in a recent report by the Environmental Working Group_ (http://blogs.wvgazette.com/watchdog/2011/08/03/report-ties-fracking-to-w-va… ) . In _a commentary today_ (http://www.wvmetronews.com/hoppy.cfm?func=displayfullstory&storyid=47136) , Hoppy Kercheval of West Virginia MetroNews talked up his belief that a draft report from an Obama administration advisory panel on shale-gas drilling “provides balance” and dismisses concerns about water pollution from increased gas drilling activity. Hoppy must have missed this part of the _draft Department of Energy report_ (http://wvgazette.com/News/marcellus/201108111037) : Intensive shale gas development can potentially have serious impacts on public health, the environment and quality of life – even when individual operators conduct their activities in ways that meet and exceed regulatory requirements. The combination of impacts from multiple drilling and production operations, support infrastructure (pipelines, road networks, etc.) and related activities can overwhelm ecosystems and communities. The Subcommittee believes that federal, regional, state and local jurisdictions need to place greater effort on examining these cumulative impacts in a more holistic manner; discrete permitting activity that focuses narrowly on individual activities does not reach to these issues. This entry was posted on Friday, August 19, 2011 at 4:01 pm

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CNN to broadcast Blair Mountain documentary - The Charleston Gazette
by Duane 11 Aug '11

11 Aug '11

http://sundaygazettemail.com/News/201108111103 Duane Nichols, Cell- 304-216-5535.

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Raccoon
by Chester, Ann 11 Aug '11

11 Aug '11

Heads up. This morning around 7:30 AM I had an odd encounter with a raccoon while I was running about 1.25 miles from the end of Cheat Lake Trail. It hissed and snarled and lunged at me as I ran by. I will admit I was listening to my music and oblivious to it until I was already within 6 feet of it. I had inadvertently cornered it against a fence. It looked sick and scruffy and mad. I believe a healthy raccoon would not have been out at that hour or at least would have run instead of cowering beside a fence while I loudly approached for minutes (I don't run fast). I ran faster then! Ann Chester, Ph.D. Assistant Vice President for Health Sciences for Education Partnerships Robert C. Byrd Health Sciences Center West Virginia University PO Box 9026 Morgantown, WV 26506 phone: 304-293-1651 fax: 304-293-0574 achester(a)hsc.wvu.edu

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Cheat Lake Volunteer Fire Department Fundraiser <Important>
by Duane330＠aol.com 09 Aug '11

09 Aug '11

CHICKEN DINNER: SUNDAY, AUGUST 14, 2011 CHEAT LAKE VOLUNTEER FIRE DEPARTMENT $8.00 for Adults. Half-Size Chicken for $4.00, Children under Four are Free. Time and Location: Starts at 11:00 AM, One Miles North of I-68 on WV-857 >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>><<<<<<<<<<<<<<<<<<<<<<<<<< Location and Purpose: Cheat Lake Fire Hall, Funds Needed To Sustain Fire Department Contact: Sue Miles Nichols, 304-599-8040 (Home) or 304-216-5535 (Cell) Will you attend on August 14th? Can you help with the preparations or the food service? Email Sue Miles Nichols: _Milesnichols(a)aol.com_ (mailto:Milesnichols@aol.com) _______________________________________________

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10th COMPACT Meeting: Dunkard Creek Restoration Plans
by Duane330＠aol.com 05 Aug '11

05 Aug '11

TENTH WV/PA MONONGAHELA AREA WATERSHEDS COMPACT MEETING BRIEFING ON PROPOSED DUNKARD CREEK FISH & MUSSEL RESTORATION PLAN, MINE WATER TREATMENT PLANT AND GOLDEN ALGAE ANALYSIS DATE: AUGUST 25, 2011, TIME: 6 PM LOCATION: WVU NRCCE, Assembly Room 101A/B, Parking Free After 4 PM This will be the public’s opportunity to hear the “Proposed Fish and Mussel Restoration Plan” for Dunkard Creek from representatives of the West Virginia Department of Natural Resources (WV DNR) and provide input, comments and suggestions to WV DNR officials. Presentations will also be made by officials from the West Virginia Department of Environmental Protection as well as CONSOL Energy Corporation. AGENDA Introduction – Barry Pallay, Co-Chair Compact. Brief History and Timetable of Dunkard Creek Fish/Mussel/Aquatic Life Kill of August 2009 – Frank Jernejcic, WV DNR. Update on Golden Algae and Dunkard Creek Water Quality – John Wirts, WV DEP. Update on Treatment Plant Design/Location/Timeline & Inflows/Outflows – CONSOL Energy. History of Dunkard Creek’s Fish Community- Dan Cincotta, WV DNR. Proposed Fish Restoration Plan- Dave Wellman, WV DNR. Proposed Mussel Restoration Plan – Janet Clayton, WV DNR. Questions, Comments, and Suggestions about the Proposed Restoration Plan. Audience. Concluding Remarks – Barry Pallay, Co-Chair Compact and Frank Jernejcic, WV DNR. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> See website _www.uppermon.org_ (http://www.uppermon.org) for meeting updates and directions

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