- CLEAR - lists.frackcheckwv.net

Happy Earth Day 2010
by Duane330＠aol.com 22 Apr '10

22 Apr '10

(http://salsa.democracyinaction.org/dia/track.jsp?v=2&c=Tb/IgrfiviKMkh2Roi9X…) _Stop Global Warming Virtual March_ (http://salsa.democracyinaction.org/dia/track.jsp?v=2&c=1c+GSXABhO50spUAcTcY…) 04/22/10 (http://salsa.democracyinaction.org/dia/track.jsp?v=2&c=tOwXcp23SbNForRzgmLQ…) HAPPY EARTH DAY 2010 Today marks the 40th Anniversary of the first _Earth Day_ (http://salsa.democracyinaction.org/dia/track.jsp?v=2&c=c4GtHL4XPCy8oEpNODcF…) . Help make Earth Day 2010 a turning point to advance climate policy, energy efficiency, renewable energy and green jobs. Visit _Earth Day Network_ (http://salsa.democracyinaction.org/dia/track.jsp?v=2&c=QK0ZBrvBCh1sfWfviRjP… bLVLoxEv2) , and join the more than one billion people in 190 countries that are taking action today. You can add your voice by signing the _Earth Day 2010 Climate Declaration_ (http://salsa.democracyinaction.org/dia/track.jsp?v=2&c=20sgaf9buRahsqr3FQC6 3jQbLVLoxEv2) . Please join supporters this Sunday April 25 on the National Mall in Washington D.C. for a massive _climate rally_ (http://salsa.democracyinaction.org/dia/track.jsp?v=2&c=zkUyLfpwLHsDYQoP8jN7…) , featuring notable speakers and live music from Sting, The Roots, Jimmy Cliff and more. _Click here_ (http://salsa.democracyinaction.org/dia/track.jsp?v=2&c=PZYQ2k9aCIbMy5qRMevo…) for more info. (http://salsa.democracyinaction.org/dia/track.jsp?v=2&c=0/abQfGN7TNbBInwUH+O…) IN THEATERS Our friends at Participant Media ("An Inconvenient Truth") have a number of upcoming film projects. Opening today is the Disneynature documentary _Oceans_ (http://salsa.democracyinaction.org/dia/track.jsp?v=2&c=m+DzYud3QFMIPcIXNmZ2…) , a powerful film featuring spectacular never-before-seen imagery captured by the latest underwater technologies. To learn about the film and make a pledge to ensure healthy, clean oceans, visit _savemyoceans.com_ (http://salsa.democracyinaction.org/dia/track.jsp?v=2&c=CpIAkjXEUp4oIYLy7R7u…) . Also, check out the documentary _Climate of Change_ (http://salsa.democracyinaction.org/dia/track.jsp?v=2&c=QE//O7HyJ6ZN4dDPLQuP…) which highlights the efforts of everyday people in the fight against global warming. The film, narrated by actress Tilda Swinton, will be premiering at the Tribeca Film Festival and is also available via Video on Demand on most major cable systems. _Click here_ (http://salsa.democracyinaction.org/dia/track.jsp?v=2&c=MFf7RXSRf+ffSdiONuSc…) for more info. We also encourage you to see the new live action family comedy _Furry Vengeance_ (http://salsa.democracyinaction.org/dia/track.jsp?v=2&c=zi6WC2hXVmK2c95+xrk6…) , opening April 30th. Participant's Social Action Campaign for the movie will focus on endangered species and habitat preservation, and they have created a teachers curriculum and family activity booklet to help young people explore the issues. _Click here_ (http://salsa.democracyinaction.org/dia/track.jsp?v=2&c=vx5Hu8KY6Dq3J4BkrAvH…) for more on the campaign. MISSING HEAT Two recent news stories from _Time Magazine_ (http://salsa.democracyinaction.org/dia/track.jsp?v=2&c=Srslml4DQjc294f+qTws…) and _US News and World Report_ (http://salsa.democracyinaction.org/dia/track.jsp?v=2&c=re5DHyi04PbPmeMPewiQ…) point to a troubling discovery that may affect future climate change. Over the past few years, while global CO2 emissions have continued to grow, the global temperature rise hasn't kept pace, suggesting that excess heat energy is getting trapped somehow. Scientists at the National Center for Atmospheric Research (NCAR) warn that this "missing" heat may be building up in the deep oceans or elsewhere in the climate system, and will come back to haunt us in the future. _Click here_ (http://salsa.democracyinaction.org/dia/track.jsp?v=2&c=IGwL1meEIlfKmddHbZ0z…) for more on the story. Keep Marching, Laurie David Founder _StopGlobalWarming.org_ (http://salsa.democracyinaction.org/dia/track.jsp?v=2&c=QDnfegIgD8vpRA8zI5pc…) _Privacy Policy_ (http://salsa.democracyinaction.org/dia/track.jsp?v=2&c=Hl0ufqp0Zgks03rfoA/T…) | _Unsubscribe_ (http://salsa.democracyinaction.org/dia/track.jsp?v=2&c=0UI3tD0qu7B3U53j/8cx…) Stop Global Warming Virtual March, 15332 Antioch Street #168, Pacific Palisades, CA 90272

1 0

TMDL Session @ Parsons (4/26/10)
by Duane330＠aol.com 21 Apr '10

21 Apr '10

NOTE: There is a need for someone from CLEAR to attend the TMDL meeting in Parsons on April 26th and provide a brief report back to our organization. Please let me know if you can attend. CLEAR can pay for your gasoline and food. Thank you in advance. Duane Nichols [I will be in attendance at the National Water Monitoring Conference next week in Denver]. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> Cheat Watershed TMDL allocations philosophy public meeting April 26, 2010. Time: 6:30 p.m. Location: Parsons, W.Va. Tucker County Senior Center 206 Third Street >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> For information on cheat lake, visit: _www.cheatlaketoday.com_ (http://www.cheatlaketoday.com)

1 0

Water protection in WV Legislature
by duane330＠aol.com 31 Mar '10

31 Mar '10

HB-4001 Would Have Established A 500 PPM In Stream Limit On Total Dissolved Solids By Duane Nichols, CLEAR, duane330(a)aol.com Delegate Barbara Fleischauer and a number of other local house members sponsored HB-4001 during the last two legislative sessions. This bill was needed because of the Dunkard Creek disaster in which over 22,000 fish and 14 species of mussels were destroyed this past September of 2009. The Bill would have set a water quality standard for the streams of West Virginia, to be limited to 500 parts per million of total dissolved solids. These "solids" represent dissolved inorganic "salts" such as calcium sulfate, aluminum sulfate, sodium chloride, etc. The 500 ppm limit is actually quite generous to the polluters; the 500 ppm limit is actually problematic for public water supplies as well as industrial water supplies. This is higher than can be used in most power plants for evaporative cooling water or in the coke plant at Clairton, PA. Unfortunately, this HB-4001 was held up and never released by Delegate Jim Morgan, Chairman of the House Government Organization Committee. We appealed to him for his support, but representatitives of the Marcellus Shale drillers were able to convince him that the Bill is not needed; this is certainly not true in my opinion. Consider the disaster on Dunkard Creek or the fact that the Monongahela River has exceeded the 500 ppm limit on four or more times during the past year. Duane Nichols >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> Marcellus Shale "Water Bill" Dies on Final Night By Donald S. Garvin, Jr., WVEC Legislative Coordinator HB 4513, "establishing requirements for Marcellus gas well operations’ use of water resources," died in a conference committee on the final night of the session. If it had passed, the bill would have set additional reporting requirements for water withdrawals from streams, the contents of water used for high-volume "slick water" hydraulic fracturing, and where the waste water was to be disposed. The bill would also have required drillers to have plans for handling water withdrawals and waste disposal prior to getting the permit to drill. One of those plans would have covered maintaining minimum instream flows when withdrawing water. HB 4513 passed out of House Judiciary Committee by voice vote, and was later passed by the full House by a vote of 89 to 8. The Senate referred the bill to two committees: first to Natural Resources, and then to Energy, Industry and Mining (EIM). Senate Natural Resources Chairman John Pat Fanning took the bill up in committee almost immediately, and he allowed a full hour for the public to make presentations to the committee. The committee then passed the bill by a unanimous voice vote. But that second reference to EIM was the kiss of death. Before we go any further, we need to tell you about another oil and gas bill – SB 369, the "deep well/shallow well" bill. SB 369 would have changed the definition of a "shallow well" so that it applies to many vertical Marcellus Shale wells. Industry REALLY wanted this bill. But it’s a terrible bill that would have essentially legalized stealing of gas from neighboring mineral owners, and been worse for the environment by eliminating the need for well spacing (meaning more wells drilled and more land disturbed). So keeping all this in mind, here’s how things played out during that final week, as described by WV CAG lobbyist Julie Archer in this week’s Capitol Eye: "The House Judiciary Committee essentially held SB 369 hostage in order to encourage the Senate Energy, Industry and Mining (EIM) Committee to act on HB 4513. However, in an unfortunate turn of events, EIM amended the provisions of SB 369 into HB 4513. In addition, the committee also weakened important protections for our water resources, specifically a requirement that operators have a plan to maintain minimum instream flows. What started out as a good bill aimed at protecting our water resources, turned into something that neither WV-SORO nor the WV Environmental Council could support. The bill ended up in a conference committee on the last night of the session. Delegate Tim Manchin (D-Marion), lead sponsor of HB 4513, tried convince the Senate conferees to agree to restore critical language needed to protect our waters. When it became clear no compromise could be reached, HB 4513 died, killing SB 369 along with it." So that’s that. But not quite. The process of attempting to pass this bill in the Legislature has pushed DEP to actually do more for protecting water from oil and gas operations. And as a result, much of what we proposed in the bill is actually now being done by the Office of Oil and Gas in the permit process. So all is not lost. Finally, I want to mention that this bill would never have been proposed in the first place were it not for Delegate Tim Manchin (D-Marion), the House Chairman of the Legislative Oversight Commission on State Water Resources. It was Delegate Manchin who had the bill drafted after a year’s worth of presentations on Marcellus drilling issues. It was Delegate Manchin who became the lead sponsor of the bill. It was Delegate Manchin who orchestrated the advancement of the bill. And it was Delegate Manchin who stood behind the principles of the bill to the bitter end. I have never seen a legislator "work a bill" so hard. You wore me out, Tim!

1 0

US EPA priorities
by Duane330＠aol.com 22 Mar '10

22 Mar '10

MESSAGES FROM THE EPA ADMINISTRATOR: WHY ENVIRONMENTAL PROTECTION AND ECONOMIC PROSPERITY GO HAND IN HAND AND WHAT EPA'S SEVEN PRIORITIES ARE EPA Administrator Lisa P. Jackson spoke at the National Press Club on March 8 on how environmental protection and economic prosperity go hand in hand to build a healthier, more prosperous nation, that "…economic opportunity is not possible without sustainability," and that "Without clean energy, the global economy will be running on empty within our lifetimes." _Full text of her remarks_ (http://yosemite.epa.gov/opa/admpress.nsf/8d49f7ad4bbcf4ef852573590040b7f6/7…) . She also spoke earlier to EPA employees about EPA's seven priorities for EPA's future: * Taking Action on Climate Change * Improving Air Quality * Assuring the Safety of Chemicals * Cleaning Up Our Communities * Protecting America's Waters * Expanding the Conversation on Environmentalism and Working for Environmental Justice * Building Strong State and Tribal Partnerships _Read Administrator Jackson's memo_ (http://blog.epa.gov/administrator/2010/01/12/seven-priorities-for-epas-futu…) >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

1 0

Flood warnings in WV & PA
by Duane330＠aol.com 13 Mar '10

13 Mar '10

March 12, 2010 Flood warnings issued for 3 W.Va. rivers CHARLESTON, W.Va. -- Flood warnings are in effect for sections of the Cheat, Greenbrier and Tygart rivers due to melting snow and expected rain. By _The Associated Press_ (mailto:) CHARLESTON, W.Va. -- Flood warnings are in effect for sections of the Cheat, Greenbrier and Tygart rivers due to melting snow and expected rain. The National Weather Service says the Cheat River is expected to exceed flood stage at Rowlesburg by Saturday morning. The Greenbrier River is expected to rise above flood stage at Buckeye and Marlinton on Saturday and at Alderson by Sunday morning. The Tygart River is expected to exceed flood stage at Belington and Philippi on Saturday. Moderate flooding is expected. Small-stream flooding is possible in other parts of the state.

1 0

New web site for dep.wv.gov
by Duane330＠aol.com 03 Mar '10

03 Mar '10

To: CLEAR members and friends. Have you tried the new web-site for WV-Department of Envirnomental Protection at _www.dep.wv.gov_ (http://www.dep.wv.gov) Under _Special Studies_ (http://www.dep.wv.gov/WWE/watershed/wqmonitoring/Pages/SpecialStudiesonwate…) you will find extensive information on Dunkard Creek. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> Water and Waste _Water and Waste Home_ (http://www.dep.wv.gov/WWE/Pages/default.aspx) _Permitting_ (http://www.dep.wv.gov/WWE/permit/Pages/default.aspx) _Stream Information_ (http://www.dep.wv.gov/WWE/WATERSHED/Pages/default.aspx) _Rules and Regulations_ (http://www.dep.wv.gov/WWE/regulations/Pages/default.aspx) _Water Use_ (http://www.dep.wv.gov/WWE/wateruse/Pages/default.aspx) _Special Studies_ (http://www.dep.wv.gov/WWE/watershed/wqmonitoring/Pages/SpecialStudiesonwate…)

1 0

Wonders (photos) of the Natural World
by Duane330＠aol.com 02 Mar '10

02 Mar '10

Phenomenal Wonders Of The Natural World WebEcoist and Environmental Oddities Sailing Stones The mysterious moving stones of the packed-mud desert of Death Valley have been a center of scientific controversy for decades. Rocks weighing up to hundreds of pounds have been known to move up to hundreds of yards at a time. Some scientists have proposed that a combination of strong winds and surface ice account for these movements. However, this theory does not explain evidence of different rocks starting side by side and moving at different rates and in disparate directions. Moreover, the physics calculations do not fully support this theory as wind speeds of hundreds of miles per hour would be needed to move some of the stones.. Columnar Basalt When a thick lava flow cools, it contracts vertically but cracks perpendicular to its directional flow with remarkable geometric regularity - in most cases forming a regular grid of remarkable hexagonal extrusions that almost appear to be made by man. One of the most famous such examples is the Giants Causeway on the coast of Ireland (shown above), though the largest and most widely recognized would be Devils Tower in Wyoming. Basalt also forms different but equally fascinating ways when eruptions are exposed to air or water. Blue Holes Blue holes are giant and sudden drops in underwater elevation that gettheir name from the dark and foreboding blue tone they exhibit when viewed from above in relationship to surrounding waters. They can be hundreds of feet deep and while divers are able to explore some of them they are largely devoid of oxygen that would support sea life due to poor water circulation - leaving them eerily empty. Some blue holes, however, contain ancient fossil remains that have been discovered, preserved in their depths. Red Tides Red tides are also known as algal blooms - sudden influxes of massive amounts of colored single-cell algae that can convert entire areas of an ocean or beach into a blood red color. While some of these can be relatively harmless, others can be harbingers of deadly toxins that cause the deaths of fish, birds and marine mammals. In some cases, even humans have been harmed by red tides though no human exposure are known to have been fatal. While they can be fatal, the constituent phytoplankton in ride tides are not harmful in small numbers. Ice Circles While many see these apparently perfect ice circles as worthy of conspiracy theorizing, scientists generally accept that they are formed by eddies in the water that spin a sizable piece of ice in a circular motion. As a result of this rotation, other pieces of ice and flotsam wear relatively evenly at the edges of the ice until it slowly forms into an essentially ideal circle. Ice circles have been seen with diameters of over 500 feet and can also at times be found in clusters and groups of different sizes as shown above. Mammatus Clouds True to their ominous appearance, mammatus clouds are often harbingers of a coming storm or other extreme weather system. Typically composed primarily of ice, they can extend for hundreds of miles in each direction and individual formations can remain visibly static for ten to fifteen minutes at a time. While they may appear foreboding they are merely the messengers - appearing around, before or even after severe weather. Fire Rainbows A circumhorizontal fire rainbow arc occurs at a rare confluence of right time and right place for the sun and certain clouds. Crystals within the clouds refract light into the various visible waves of the spectrum but only if they are arrayed correctly relative to the ground below. Due to the rarity with which all of these events happen in conjunction with one another, there are relatively few remarkable photos of this phenomena. Sinkholes Sinkholes are one of the worlds scariest natural phenomena. Over time, water erodes the soil under the planets surface until in some cases, quite suddenly,the land above gives way and collapses into the earth. Many sinkholes occur naturally while others are the result of human intervention. Displacing groundwater can open cavities while broken pipes can erode otherwise stable subterranean sediments. Urban sinkholes, up to hundreds of feet deep have formed and consumed parts of city blocks, sidewalks and even entire buildings. Penitentes Named after peak-hooded New Mexican monks (lower right above), penitentes are dazzling naturally-forming ice blades that stick up at sharp angles toward the sun. Rarely found except at high altitudes, they can grow up taller than a human and form in vast fields. As ice melts in particular patterns, valleys formed by initial melts leave mountains in their wake. Strangely, these formations ultimately slow the melting process as the peaks cast shadows on the deeper surfaces below and allow for winds to blow over the peaks, cooling them. Lenticular Clouds Ever wonder the truth about UFOs? Avoided by traditional pilots but loved by sailplane aviators, lenticular clouds are masses of cloud with strong internal uplift that can drive a motorless flyer to high elevations. Their shape is quite often mistaken for a mysterious flying object or the artificial cover for one. Generally, lenticular clouds are formed as wind speeds up while moving around a large land object such as a mountain.. Light Pillars Light pillars appear as eerily upright luminous columns in the sky, beacons cast into the air above without an apparent source. These are visible when light reflects just right off of ice crystals from either the sun (as in the two top images above) or from artificial ground sources such as street or park lights. Despite their appearance as near-solid columns of light, the effect is entirely created by our own relative viewpoint. Sundogs Like light pillars, sundogs are the product of light passing through crystals. The particular shape and orientation of the crystals can have a drastic visual impact for the viewer, producing a longer tail and changing the range of colors one sees. The relative height of the sun in the sky shifts the distance the sundogs appear to be on either side of the sun. Varying climactic conditions on other planets in our solar system produce halos with up to four sundogs from those planets perspectives. Sundogs have been speculated about and discussed since ancient times and written records describing the various attributes of our sun date back the Egyptians and Greeks. Fire Whirls Fire whirls (also known as fire devils or tornadoes) appear in or around raging fires when the right combination of climactic conditions is present. Fire whirls can be spawned by other natural events such as earthquakes and thunderstorms, and can be incredibly dangerous, in some cases spinning well out of the zone of a fire itself to cause devastation and death in a radius not even reached by heat or flame. Fire whirls have been known to be nearly a mile high, have wind speeds of over 100 miles per hour and to last for 20 or more minutes. Orange Moons This last phenomena is something most people have seen before - beautiful orange moon hanging low in the sky. But what causes this phenomena - and, for that matter, does the moon have a color at all? When the moon appears lower on the horizon,rays of light bouncing off it have to pass through a great deal more of our atmosphere which slowly strips away everything but yellows, oranges and reds. The bottommost image above is true to the hues of the moon but has enhanced colors to more clearly show the differences in shade that illustrate the mixed topography and minerology that tell the story of the moons surface. Looking at the colors in combination with the craters one can start to trace the history of impacts and consequent material movements across the face of our mysterious moon.

1 0

Environmental Film Festival on Tuesday
by Duane330＠aol.com 13 Feb '10

13 Feb '10

Date: Tuesday, February 16, 2010 Time: 7:30pm - 10:00pm Location: Warner Theater, 147 High St., Morgantown, WV The largest environmental film festival in the USA is hosted by The West Virginia Rivers Coalition and sponsored in-part by Adventure's Edge. Not only are these great films, but the proceeds support an important WV resource...Rivers! For more info call 304.637.7201 or _www.wildandscenicfilmfestival.org_ (http://www.wildandscenicfilmfestival.org) . Tickets are available at Adventure's Edge, 131 Pleasant St, Morgantown or online at _www.wvrivers.org_ (http://www.wvrivers.org) Maddy Madeleine S. Hoden Mountaineer Adventure Programs Graduate Assistant _mshoden(a)mail.wvu.edu_ (mailto:mshoden@mail.wvu.edu) (814) 779-9265 Tickets are $8 in advance or $10 at door. <>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>><<<<<<<<<<<<<<<<<<<<<<<<>>>>>>>>>>>>>>>

1 0

AE value = $4.7 (stock) + $3.8 (debt)..???
by Duane330＠aol.com 11 Feb '10

11 Feb '10

FirstEnergy, owner of Jersey Central Power & Light, agrees to buy Allegheny Energy for $4.7B By _The Associated Press_ (http://connect.nj.com/user/njoapnews/index.html) , February 11, 2010, 8:13AM Utility company FirstEnergy said today it is buying rival Allegheny Energy for about $4.7 billion in stock in a deal that will create one of the nation's largest power companies with customers from Ohio to New York. The combined company will have about $16 billion in annual revenue and $1.4 billion in profit and serve more than 6 million customers in Pennsylvania, Ohio, Maryland, New Jersey, New York, Virginia and West Virginia. "The combination of our companies is a natural fit that will accelerate our efforts to strengthen the operating performance of our generating fleet while building on our long-standing dedication to customers, shareholders and employees," Anthony J. Alexander, CEO of FirstEnergy, said in a statement. Alexander will remain the top executive of the combined company, which will be based at FirstEnergy's headquarters in Akron, Ohio. The deal is expected to close within 14 months. Shareholders of Allegheny, based in Greensburg, Pa., will receive 0.667 shares of FirstEnergy common stock in exchange for each share they own. Based on Tuesday's closing price, those shares will be valued at $27.65 and represent a 32 percent premium over Allegheny's closing price of $21.02 on Wednesday. Allegheny shares rose 19 percent to $25 in premarket trading. The deal will also include FirstEnergy's assumption of $3.8 billion in debt.

1 0

Take care driving now
by Duane330＠aol.com 10 Feb '10

10 Feb '10

1 0

<action item> Coal ash dumps are huge and toxic
by duane330＠aol.com 28 Jan '10

28 Jan '10

We have waited far too long for comprehensive protections against the toxic coal ash threat. Please take a moment to stand up for public health! Take action today! Dear colleague, People living near coal ash dump sites often tell similar stories of illness, poisoned drinking water supplies and environmental destruction. For decades, these massive toxic dumps, sometimes millions of gallons deep and hundreds of acres wide, have been unregulated, unmonitored and ignored. But on Dec. 22, 2008, everything changed. That night, more than 1 billion gallons of toxic coal ash burst through a dam and flooded 300 acres in rural Tennessee. Dozens of homes were damaged or destroyed, and the Environmental Protection Agency vowed to act. Citizens just like you sent letters and made phone calls to the EPA, pleading for swift action to guarantee the safety and environment for millions of Americans living near these dangerous sites. But, one year later, we still wait for federal oversight. The EPA has a plan to regulate coal ash as hazardous waste, but well-funded lobbyists for the coal and power industries are blocking EPA's attempt to protect public health and the environment. They are meeting with White House officials, spreading false information about coal ash and obscuring the need for strong federal oversight. Please take a moment to stand up for public health by calling, faxing or emailing the White House to tell them that coal ash must be immediately regulated as hazardous waste: http://action.earthjustice.org/campaign/coalash_0110/7unw7g407j37ddm?#start… America has waited far too long for comprehensive protections against this toxic coal ash threat. Industry should not be allowed to flex its lobbyist muscle and stand in the way of better health and a cleaner environment. — Earthjustice

1 0

Over 21 streams statewide under threat
by duane330＠aol.com 22 Jan '10

22 Jan '10

House bill to protect waterways: Legislators want to prevent fish kills Another fish-kill disaster like Dunkard Creek is on the horizon, and new laws are needed to protect state waterways. One of those efforts is House Bill 4001, created and co-sponsored by local delegates, and the first House bill introduced during the 2010 session. Delegate Barbara Evans Fleischauer, D-Monongalia, is the primary sponsor of HB 4001. She and others noted that there are some obstacles to getting a bill passed. Not everyone in the Legislature understands the extent of the kill, or that the expansion of golden algae makes it a statewide issue. HB 4001 would amend the existing Water Pollution Control Act to enable the DEP to develop standards to control levels of total dissolved solids (TDS) in state waterways. It would require mining, gas drilling and other industries to conform with those standards for discharges into waterways. The DEP and U.S. Environmental Protection Agency (EPA) have said the Dunkard fish kill was caused by a bloom of golden algae -- P. parvum, a plant that thrives in salty water and produces a toxin that can kill fish, mussels and salamanders. Chloride, a component of salt, is also an element of TDS. You can have most influence by contacting the Office of the Governor, 1900 Kanawha Blvd. East, Charleston, WV 25305. You can email the Governor at _Governor(a)wvgov.org_ (mailto:Governor@wvgov.org) See also: E _http://www.wvgov.org_ (http://www.wvgov.org/)

1 0

Keith Pitzer's progress will live on
by Duane330＠aol.com 23 Dec '09

23 Dec '09

Friends of the Cheat mourns the passing of Keith Pitzer Keith Pitzer, executive director of Friends of the Cheat since 2001, died on the morning of December 22nd following a year and a half long battle with cancer. Under his leadership, Friends of the Cheat dramatically expanded its efforts to restore, preserve, and promote the outstanding natural qualities of the Cheat River Watershed. Key milestones under the Pitzer tenure include establishing three public river accesses, completing an interpretive driving trail, invasive species eradication, and a major expansion of the organization's primary focus, cleaning up acid mine drainage that has rendered many miles of streams in the watershed unable to support life for decades. Today the Cheat River, once considered dead below Albright, is making a comeback. The water is visibly cleaner, and fish, eagles, herons, and otters have been sighted, although much work remains to further improve water quality in the river and tributaries. Keith also laid the foundation for ongoing projects including developing rail trails in the Kingwood area and from Albright to Rowlesburg, building an outdoor classroom, developing a key river and trail access at the confluence of Pringle Run and the Cheat River, and many additional acid mine drainage remediation projects throughout the lower Cheat watershed. Despite his deteriorating health, Keith remained actively involved in leading Friends of the Cheat through mid-November of this year. On December 1st, co-founder and past president and executive director Dave Bassage was named interim director to keep the organization and small staff moving smoothly forward. Bassage notes: "Keith was a close friend for twenty years, and I will sorely miss him, but savor many fond memories. He was a kind, committed, gentle man, with a talent for music and leadership, putting all who knew him at ease. The world deserved more of Keith than he was able to give. His dreams, his passions, and most of all the patience, persistence, and respect he embodied so well will continue on in those of us fortunate enough to have been touched by him." An accomplished musician and songwriter, Keith and his wife Joan recorded albums and played at festivals and other venues throughout the East Coast. They were instrumental in establishing fine music tradition of the annual Cheat River Festival, the region's first outdoor festival each year, held the first weekend in May. In lieu of flowers, The Keith Pitzer family has asked that donations be made in his memory to Friends of the Cheat, website www.cheat.org. Condolence notes can be sent to his email: _KPitzer(a)cheat.org_ (mailto:KPitzer@cheat.org) , and will be passed along to his family. A memorial service is being planned for the springtime. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> See also the front page of today's Morgantown Dominion Post.

1 0

The Dunkard story from WV-DEP
by duane330＠aol.com 09 Dec '09

09 Dec '09

Dunkard Creek Residents Blame Agencies for September Fish Kill Posted Friday, December 4, 2009 ; 01:21 PM, Updated Friday, December 4, 2009; 05:00 PM Patrick Campbell, assistant director of WVDEP’s Division of Water and Waste Management Photo Credit: Pam Kasey Officials conducted a meeting Dec. 3 in Pennsylvania. Story by Pam Kasey Story by Pam Kasey MOUNT MORRIS, Pa. -- West Virginia and Pennsylvania residents of the Dunkard Creek watershed took environmental officials to task at a Dec. 3 community meeting about the death this fall of the creek’s fish and mussels. The kill on Dunkard Creek, an active smallmouth bass and musky fishery and the most diverse breeding ground for mussels in the Monongahela River drainage, first was reported to the West Virginia Department of Environmental Protection on Sept. 1. By the end of September, as many as 22,000 fish and all of the mussels were dead on about 30 miles of the West Virginia Fork and the mainstem of the creek, according to a preliminary estimate from the West Virginia Division of Natural Resources. A bloom of golden algae, Prymnesium parvum, unknown in this region before September, has been identified as the secondary cause of the kill. The primary cause, agency investigators and university researchers generally agree, was saline conditions from natural resource extraction. Coal and coalbed methane operations in the watershed produce water high in salts, known in water quality lingo as Total Dissolved Solids. Because producers move their salty waste water from one location to another in the watershed for partial treatment and for disposal, it has been difficult to pinpoint the exact cause. Resident Frustration Participants in the Dec. 3 meeting identified lax environmental enforcement as the cause. Some questioned why the federal Environmental Protection Agency permitted CNX Gas to inject brine into a mine void that may be connected hydrologically with other abandoned mines. Others pointed to WVDEP’s consent order allowing CONSOL Energy to discharge water high in chlorides through Sept. 2013. Chlorides are one component of TDS, and removing them is expensive. “Is it safe to say that that was a mistake, and wouldn’t you say that that decision actually sealed the fate of Dunkard Creek?” a meeting participant asked Patrick Campbell, assistant director of WVDEP’s Division of Water and Waste Management. DEP decided to overlook the fact that the creek’s streambed organisms were suffering under the high-chloride discharge, Campbell said, because the fishery seemed to be surviving. “The golden algae was the kicker,” he said. “If treatment had been installed a long time ago, this may not have happened, but the agency was trying to let the situation play out with the opportunities that were available to the company. … Nobody ever could have imagined what could have happened.” More Blooms Likely Without Protection Golden algae typically are found in naturally salty coastal and southern waters. Dunkard Creek was the first place they were identified in the Mid-Atlantic region. The algae are not always deadly. But when they outgrow their food supply, they secrete toxins that kill gill-breathing organisms. Once present in a watershed, the algae are difficult if not impossible to eradicate, biologists say. At the same time, they may easily be spread to other locations by wildlife, recreationists, industrial users and others. And since September, WVDEP has found golden algae in five other especially salty streams across the state: three in the Monongahela River basin, one in the northern panhandle and one near Charleston. “It’s a huge threat,” said Margaret Janes of the Appalachian Center for the Economy and the Environment, who is following the issue closely, “both because it can kill everything in the stream and because it’s likely to recur over years and years and likely to expand throughout central Appalachia.” A bill that failed in the state Legislature last March would have required the state DEP to establish a water quality standard for TDS at or below Pennsylvania’s standard of 500 milligrams/liter — a level surpassed many times over during the fish kill. Legislators are considering reintroducing the bill but making it specific to the Monongahela River watershed. Janes would like to see it passed for the entire state. “I don’t think legislators can cherry-pick which streams they’re going to protect,” she said. Next Step for Dunkard? Meanwhile, the situation on Dunkard Creek is reaching a critical point. CONSOL discontinued pumping salty water from its active Blacksville #2 mine on Sept. 17, during the fish kill. Three months later, the mine is filling up. “We’ve got 500 people underground,” said Jonathan Pachter of CONSOL. “We need to keep the mine safe. At some point in time soon we’re going to have to figure out what to do.” DEP still is considering waiting for Sept. 2013 for a long-term strategy, according to Campbell, and is making no requirement of CONSOL in the short-term. “I think the company is evaluating lots of options: Can they move the water somewhere else, augment flow — how can they take steps themselves to reduce TDS?” he said. Asked whether WVDEP has the authority to rescind the consent decree and require CONSOL to treat its discharge to the state’s existing water quality standard for chlorides, Campbell indicated that he considered that futile. “The authority would be there. The ability to appeal that decision is also there,” he said. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> See also: www.wvdep.org, and under "offices" choose, Division of Water and Waste Management.

1 0

Open Letter to WV-DEP
by Duane330＠aol.com 08 Dec '09

08 Dec '09

CHEAT LAKE ENVIRONMENT & RECREATION ASSOCIATION Open Letter To WV-DEP WV Department of Environmental Protection Charleston, West Virginia RE: Dunkard Creek and the Monongahela River. Date: December 8, 2009 The West Virginia Joint Legislative Oversight Commission on State Water Resources met on Thursday, October 15 to examine the fish kill in Dunkard Creek. The meeting took place at the State Capitol, and was open to the public. Presentations were made by Scott Mandirola, WV-DEP, Frank Jernejcic, WV-DNR. and this writer (Duane Nichols) on behalf of the Upper Monongahela River Association (UMRA). The Upper Mon River Association has conducted 12 monthly Water Quality Forums at the Morgantown Airport in Monongalia County since November of 2008. The primary impetus was originally the high TDS and low flows in the Monongahela River most noticeable in August of 2008. Since that time, problems of high TDS have continued in the Mon River and in a number of its tributaries. WV and Pennsylvania state and federal representatives have participated in these Forums on a regular basis. Strong sentiment has been expressed over the problems of TDS and other ions in the streams of our State. On November 12th, a joint meeting involving the WV Sierra Club and the Dunkard Creek Watershed Association was held at West Virginia University. Over 60 people attended who support limits on TDS in the local streams, the regulation of water withdraws for whatever purpose, and the strict enforcement of water quality and stream maintenance regulations. On December 3rd, the Water Quality Forum at Mt. Morris in Pennsylvania involved over 200 people meeting specifically on Dunkard Creek. Here it was clearly revealed that urgent action is needed to protect this and the other streams of the region, to limit water withdraws, and to enforce the state and federal regulation of all these streams. The lack of adequate legal protection, the lack of adequate enforcement of existing regulations, and the lack of adequate plans for the immediate future were quite evident. It was shocking to learn that the WV-DEP has no plans for any action as a result of this huge kill of aquatic life. The need now exists to establish water quality standards for all the streams of WV, given that the recent fish kill on Dunkard Creek was so devastating. This was initially a crisis situation that became a disaster. Approximately 22,000 fish, plus 14 species of mussels, and other creatures are dead and no one knows how to regenerate the stream. The conditions on Dunkard Creek could be repeated on more than 20 other streams throughout West Virginia. A water quality standard of 500 parts per million, for example, would meet national drinking water standards, and this may be sufficiently low as to remove threats of a golden algae bloom, according to the information currently available. Some of us believe that 250 ppm would be more realistic, to provide adequate protection for aquatic life and for household uses of the water year round. The WV-DEP web-site has been inadequate as a response to the problems of high TDS and the golden algae. Most of the postings that have been provided were undated, so the public could not readily determine the significance of a given posting. Also, not much of the actual data has been posted; some data has been posted but it has not been easy to find and has always been late in appearing. Further, WV-DEP has been meeting with representatives of the polluters on a regular basis, but has not once called in members of the public who are directly affected or members of the environmental groups who know about and care about these problems. Thus, there is a big question as to “who” the WV-DEP is really serving in this and other issues before the State. The importance of the Monongahela River cannot be overemphasized, given its substantial role for public water supplies, industrial water supplies and recreational activities. The high TDS values experienced by the Morgantown Utility Board during the past two summers results in problems for each household with foul taste, hard water for washing activities, and the clogging of values and pipes. The problems of TDS in the cooling water of the numerous power plants results in violations of air emission permits for cooling towers as well as the accumulation of salt solids within evaporative cooling towers. It is now time, now finally is the time to do something. Something must be done about these problems. The WV-DEP has been studying these problem long enough. On behalf of the citizens of West Virginia, on behalf of all the water users of our State, I call upon the WV-DEP to immediately develop a slate of solutions to the problems at hand, rank these options and publish them. Then, the public, the Legislature and the Governor can work to adopt a set of solutions that will represent our best effort to recover from these problems in our rivers and other streams. Sincerely submitted, Duane G. Nichols Duane G. Nichols, Ph.D. Chemical Engineer President, Cheat Lake Environment & Recreation Association 330 Dream Catcher Circle Morgantown, WV 26508

1 0

Fwd: New article: Dunkard Creek
by Duane330＠aol.com 13 Nov '09

13 Nov '09

For your information, the recent article in Envrionmental Science & Technology................ comprehensive description of the issues on Dunkard Creek...................Duane

1 0

Dunkard Creek & Monongahela River
by Duane330＠aol.com 17 Oct '09

17 Oct '09

Fish kill prompts Pa. to seek brine well shutdown The Associated Press, Friday, October 16, 2009, Philadelphia Inquirer HARRISBURG, Pa. - The federal government is considering a request to shut down an underground coalbed-methane wastewater storage operation that Pennsylvania officials suspect contributed to a massive fish kill. U.S. Environmental Protection Agency spokesman David Sternberg said Friday that his agency is preparing a response to the Oct. 5 request from Pennsylvania's environmental regulators. Environmental officials in Pennsylvania and West Virginia are pursuing the cause behind the death of fish, mussels, salamanders and other aquatic life in Dunkard Creek. The 38-mile creek meanders along the states' border. A 2005 EPA permit allows a Consol Energy subsidiary to inject the brine into underground caverns. The water is left over from methane drilling on a closed coal mine. A company spokesman says it doesn't believe the brine is the source of the fish kill. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> Levels of total dissolved solids spike in Monongahela Thursday, October 15, 2009, By Don Hopey, Pittsburgh Post-Gazette _http://www.post-gazette.com/pg/09288/1005633-113.stm_ (http://www.post-gazette.com/pg/09288/1005633-113.stm) For the third time in the past 12 months, dissolved contaminants in the Monongahela River have spiked well above federal and state water quality standards for taste and odor, and the situation is expected to get worse. The state Department of Environmental Protection announced yesterday that high levels of total dissolved solids, or TDS, in the river began showing up two weeks ago near the town of Crucible in Greene County. Since then, additional violations of the 500 parts per million TDS standard have been recorded in 46 miles of the river to Elizabeth in Allegheny County, where levels peaked on Saturday at about 600 parts per million. "This is the second time we've noted high TDS levels this fall and that's telling us that this is a problem," said DEP spokeswoman Helen Humphreys. "We'll be continuing to monitor the situation, but there's no reason to think that levels will not go higher again. There's no question we have a challenge before us." Last fall TDS levels exceeded water quality standards in more than 90 miles of the river and peaked at more than 900 parts per million. The Monongahela River is the water supply for 350,000 people and the 11 public water treatment facilities that draw water from the river are not equipped to remove TDS, which is a measure of all elements dissolved in water, including carbonates, chlorides, sulfates, nitrates, sodium, potassium, calcium and magnesium. For most, high TDS levels will make the water smell and taste bad and spot dishes and glasses but do not make an affected water source unsafe to drink. But individuals allergic to sulfates can be sickened, and the DEP has once again advised concerned residents to use bottled water for drinking and cooking until river flows increase and TDS levels return to normal. Sources of TDS include sewage treatment plants, drainage from abandoned and active mines, power plant scrubber and coolant water discharges and wastewater from oil and gas well drilling operations. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Drilling water may be cause of fish kill -- DEP points to salty discharge from mine Wednesday, October 14, 2009, By Don Hopey, Pittsburgh Post-Gazette _http://www.post-gazette.com/pg/09287/1005306-113.stm_ (http://www.post-gazette.com/pg/09287/1005306-113.stm) A heretofore undisclosed underground flow of mine pool and methane gas well drilling water into Consol Energy's Blacksville No. 2 Mine may have contributed to the salty, polluted discharges that caused the massive, month-long fish kill on Dunkard Creek. But Consol said that's not so, and its investigation, along with those of federal and state environmental agencies into the now six-week-old ecological disaster, is continuing. The Pennsylvania Department of Environmental Protection said its stream sampling shows discharges high in dissolved solids and chlorides from the Blacksville No. 2 Mine are the "primary immediate source" of the fish kill that last month wiped out aquatic life on 35 miles of Dunkard Creek along the Pennsylvania-West Virginia border. The DEP also said in a letter to the West Virginia Department of Environmental Protection, dated Oct. 2, that it has obtained information that water from the inactive Blacksville No. 1 Mine in the Pittsburgh coal seam is flowing into the active Blacksville No. 2 mine pool. "Our data shows it's the discharge from Blacksville No. 2, but we have a lot of questions about where all that water originated and we're asking those questions," said Helen Humphreys, a DEP spokeswoman. In a letter to Consol dated Oct. 7 but made public yesterday, the DEP asked the company to provide information on any underground connections and water flows or pumping between its active Blacksville No. 2 Mine in West Virginia and its inactive Blacksville No. 1 Mine in Greene County, Pennsylvania. It also requested that the U.S. Environmental Protection Agency revoke the federal deep well injection permit that allows Consol to dispose of coalbed methane drilling waste water in the inactive mine through the Morris Run Borehole. The EPA ordered Consol to stop injections at the end of September but has taken no action on the permit. Consol has repeatedly said that the water in the inactive Blacksville No. 1 mine is not flowing or being pumped into the active Blacksville No. 2 mine. Yesterday Consol spokesman Tom Hoffman said the company's chemical analysis of water from the active mine shows its chloride level is the same as it was before it began using the borehole. That shows, Mr. Hoffman said, that either there is no infiltration of water into Blacksville No. 2 or the chloride levels of the water in the two mines are nearly the same. "We've been discharging from (Blacksville No. 2) for more than a year at essentially the same levels," Mr. Hoffman said. "No one on our side is prepared to say that the fish kill is related to the discharge. And I don't think it's fair to say the Blacksville No. 2 discharge is the primary factor." Mr. Hoffman said "multiple environmental factors were involved," including toxins released by a non-indigenous golden algae. The Pennsylvania DEP said that algae -- which may have "hitchhiked" to the Mason-Dixon Line on drilling rigs brought up from Texas to work in the Marcellus shale gas fields in Pennsylvania and West Virginia -- was able to flourish in a brackish Dunkard Creek because of the high levels of dissolved solids and chlorides discharged into the stream by Consol's treatment facility. "We don't agree and don't think the West Virginia DEP agrees," said Mr. Hoffman. Fish, freshwater mussels, salamanders and aquatic insects started dying on Sept. 1, and continued dying throughout the month. According to the Pennsylvania DEP, the pollution also threatened water quality in the Monongahela River, which is a source of drinking water for 850,000 people in southwestern Pennsylvania. The Pennsylvania DEP asked the West Virginia DEP, in its Oct. 2 letter, to "take necessary enforcement measures" to control pollution discharges of total dissolved solids, chlorides and sulfides from the Blacksville No. 2 mine treatment facility. That Consol treatment facility, which does not remove dissolved solids or salts, stopped treating and pumping mine water into the creek as the fish kill progressed last month. But Pennsylvania DEP wants assurances that the previous pollution loads will not be discharged into the creek again when it becomes necessary for Consol to resume pumping and treating water from its active mine. "We have also observed that the levels of chlorides being discharged from ... the Blacksville No. 2 Mine are unusually high for a discharge solely from a deep mine," the Pennsylvania DEP said in that Oct. 2 letter. The West Virginia coal seam being mined by Consol has an unusually high chloride content. The West Virginia DEP approved orders in 2004, 2007 and 2008 allowing the company's treatment facilities to discharge unlimited amounts of chloride into the creek until 2013. The EPA, which said two weeks ago it didn't know about those agreements, is reviewing them because they appear to illegally suspend federal water quality standards. "The department has been clear all along: This has been a tragic event," Ms. Humphreys said. "And we are going to take the necessary steps to methodically collect all information so that when we determine the responsible party we can take appropriate enforcement action." >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> *Release Date: 10/13/2009, Contact: Delegate Barabara Fleischauer ------------------------------------------------------------------------ *_Legislature to Investigate Dunkard Creek Fish Kill_* MORGANTOWN, W.Va—The Joint Legislative Oversight Commission on State Water Resources will meet on Thursday, Oct. 15 to examine the 30-mile fish kill in Dunkard Creek. The meeting will take place at the State Capitol from 9-11 a.m. in Room 208-W, the Senate Judiciary Committee Room. It is open to the public. “The frustrating thing is that folks in the Upper Monongahela River Association predicted that something like this would happen last year. Although our local delegates introduced a bill last session, HB 2960, intended to remedy what happened, sometimes it takes a disaster to get legislation passed,” said Delegate Barbara Evans Fleischauer. The first report of a fish kill in Dunkard Creek, which criss-crosses the Mason-Dixon line, was recorded on Sept. 1, 2009. The kill has since affected at least 161 aquatic species. “Some of the thousands of fish that were killed were huge,” said Fleischauer. “It is particularly sad that this occurred in a beautiful stream that local residents had banded together to restore, maintain and protect through their watershed association.” There is not yet any official conclusion as to the factors which caused or contributed to the fish kill, but the presence of golden algae bloom, Prymnesium Parvum, which has not previously been identified in Mid-Atlantic waters, has been confirmed. Increased levels of total dissolved solids during the relevant time periods have also been recorded. House Bill 2960 was introduced during the Regular 2009 Session. It was sponsored by Delegates from the Dunkard Creek area including Fleischauer, Marshall, Beach and Shook (all D-Monongalia) and Delegates Manypenny (D-Taylor) and Longstreth (D-Marion). It would have required the DEP to establish standards to control the levels of total dissolved solids in state waters. In addition, the bill would require submission of data to the DEP regarding withdrawal of water for fracturing and other purposes, as well as treatment for discharge of fluids into state waters. The bill did not pass, but legislators plan to reintroduce it in the 2010 Regular Session. The Joint Water Resources Committee is chaired by Delegate Tim Manchin (D-Marion) and Senator John Unger (D-Berkeley). “I hope the interim meeting on Thursday will bring attention to the causes of this modern environmental disaster. I think it is important to look quickly into what other states have done in order to prevent this from spreading to other streams in our state,” said Manchin. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> >>>>>> ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~ Joint Legislative Oversight Commission on State Water Resources - Agenda for Thursday, October 15, 2009, 9:00 am - 11:00 am Location: Senate Judiciary - Room 208W 1. Call to Order, 2. Roll Call, 3. Adoption of Procedural Rules 4. Approval of Minutes for February, June, July and September 2009 5. Representative of EQT Corporation - discussion of Company’s recent contract with a waste water disposal facility to receive and process Marcellus gas well waste water for all the Company’s drilling operations in West Virginia. 6 Staff presentation of memos summarizing other states and West Virginia’s requirements for water use associated with Marcellus formation gas drilling operations. 7. Presentations on the 30-mile fish kill on Dunkard Creek in Monongalia County that occurred this month: a. Scott Mandirola, West Virginia Department of Environmental Protection; b. Frank Jernejcic, District Fisheries Biologist, West Virginia Department of Natural Resources. 8. Duane Nichols, Upper Mon River Association; 9. Adjournment >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> "Commission" (Committee) Members: SENATE: John Unger II (Chair, D-Berkeley Co.), John Pat Fanning* (D-McDowell Co.), Mike Green (Vice-Chair, D-Raleigh), Mike Hall* (R-Putnam Co.), Walt Helmick (D-Pocahontas Co.). HOUSE OF DELEGATES: Tim Manchin* (Chair, D-Marion Co.), Barbara Evans Fleischauer (D-Monongalia), Virginia Mahan (D-Summers), Tim Miley (D-Harrison), Don Perdue (D-Wayne), Bob Schadler* (R-Mineral). STAFF: Joe Altizer*, Teri Anderson*, Sandy Johnson*, Jay Lazell*. *-Legislators and staff members present for this hearing. Barbara Fleischauer could not attend due to another meeting in Martinsburg. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> NOTES: This meeting took place as scheduled. It was a little late starting and with the formal part complete by 10:45 giving some time for conversations. Item 5. refers to the new brine processing facility in Fairmont. The visitor from EQT (formerly Equitable Gas) was not a technical person and provided essentially no useful information. I did not see the Memos mentioned in Item 6. Numerous questions were asked and three or so reporters were present to collect informal interviews. EQT-- The Appalachian Basin is bursting with new drilling and production activity, and EQT Production is at the center of it all. With more than 3.4 million acres, approximately 13,000 gross productive wells, and 3 trillion cubic feet of proven natural gas reserves, EQT is Appalachia’s largest exploration and production company, developing and implementing advanced drilling technology to tap into unconventional reservoirs such as shale, tight sands and coalbed methane. The Equitable Gas Company is a division of EQT, providing natural gas to over 252,000 customers in 10 counties of southwestern PA and 25 counties of northern WV. Scott Mandirola, WVDEP, presented the same Power Point slides shown at the UMRA meeting this past Friday at the Morgantown Airport. [See: _www.uppermon.org_ (http://www.uppermon.org/) ] Frank Jernejcic, District Fisheries Biologist, WV DNR presented the same Power Point slides shown by David Wellman this past Friday at the Morgantown Airport. [See: _www.uppermon.org_ (http://www.uppermon.org/) ]. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> Summary of Remarks by Duane Nichols in Charleston, WV, October 15, 2009. The Upper Mon River Association has conducted 11 monthly Water Quality Forums at the Morgantown Airport in Monongalia County since November of 2008. The primary impetus was originally the high TDS and low flows in the Monongahela River most noticeable in August of 2008. Since that time, problems of high TDS have continued in the Mon River and in a number of its tributaries. WV and Pennsylvania representatives have cooperated and participated in these Forums. The need now exists to establish water quality standards for all the streams of WV, given that the recent fish kill on Dunkard Creek was so devastating. This was initially a crisis situation which became a disaster and a catastrophe. Thousands of fish, mussels, and other creatures are dead and no one knows how to regenerate the stream. The conditions on Dunkard Creek could be repeated on 18 or more other streams throughout West Virginia. A water quality standard of 500 parts per million, for example, would meet national drinking water standards, and this would be sufficiently low as to remove threats of a golden algae bloom, according to the information currently available. UMRA encourages the WV DEP to implement a web-site as soon as possible, to present the most recent data and other information available on the Dunkard Creek disaster and other possibly related sources. We understand that some sort of web-site may be in preparation at WV DEP. The sharing of information and the coordination among the state agencies of WV and PA as well as the federal agencies is of critical importance at this time. UMRA intends to continue monthly Water Quality Forums in Monongalia County. It was noted earlier today that most of the large underground mines in north central WV and southwester PA are interconnected underground such that water flows from one to the under and accumulates at various locations. Pennsylvania is now in the process of establishing a legacy trust fund, to collect monies for future pumping and treating of these waters. It is suggested that the WV legislature could encourage such funds and that WV DEP and WV PSC could promote trust funds for future water treatment, given that abandoned mine land monies are scarce. The UMRA folding display entitled Upper Mon Water Trail was distributed to each member of the committee present along with copies of the two page “ 11th MONONGAHELA RIVER WATER QUALITY FORUM, Sponsored by the Upper Monongahela River Association, October 9, 2009 – Morgantown, WV, DRAFT OVERVIEW, 2009 Dunkard Creek Fish Kill”. The importance of the Monongahela River was reviewed, given its substantial usage for public water supplies, industrial water supplies and recreational activities. The high TDS values experienced by the Morgantown Utility Board last summer and this past summer were described. This results in problems for each household with foul taste, hard water for washing activities, and the clogging of values and pipes. The problems of TDS in the cooling water of the numerous power plants were described including the issue of violating federal emission standards from cooling towers and the accumulation of salt solids within the evaporative cooling towers. And, the issue of undesirable polluted water for recreational purposes was mentioned. This talk resulted in a number of comments afterward indicating substantial sympathy among the committee members and the others present. It is estimated that approximately 25 observers attended this session, in addition to the “Commission” (Committee) and Staff. Attending the session was Don Garvin, Legislative Coordinator for the WV Environmental Council [www.wvecouncil.org], an umbrella organization representing the various environmental groups of the State. Beth Little of the Sierra Club attended. Also attending were David McMahon, an attorney for and founder of the WV Surface Owner’s Rights Organization [www.wvsoro.org] and Julie Archer also with wvsoro.org. Julie can also be reached at the WV Citizens Action Group [wvcag.org]. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> >>> Front page Charleston Gazette Friday 16 October 2009: DEP, DNR worried Dunkard fish kill could spread By _Ken Ward Jr._ (http://www.wvgazette.com/News/contact/xjneq+jitnmrggr+pbz+return=/News/2009…) , Staff writer, Charleston Gazettte CHARLESTON, W.Va. -- State regulators are concerned that excess pollution may cause a toxic algae that killed off fish in a 30-mile stretch of Dunkard Creek in Northern West Virginia to spread to more than a dozen other waterways, lawmakers heard Thursday. Department of Environmental Protection officials don't think they can eradicate the "golden algae" and instead are weighing ways to reduce contaminants that fostered the devastating fish kill in Monongalia County. "We can't ignore it," said Scott Mandirola, director of DEP's Division of Water and Waste Management. "If we ignore it, we may see an event like this again." Mandirola and Frank Jernejcic, a fisheries biologist at the state Division of Natural Resources, briefed a legislative interim committee Thursday morning on last month's fish kill, which left Dunkard Creek mostly lifeless. Jernejcic said the fish kill wiped out 99 percent of the fish in the West Virginia portion of Dunkard Creek, which runs along the Pennsylvania border. Also, it eliminated the creek's "very impressive mussel population," the major stronghold for mussels in the Monongahela River basin, Jernejcic said. Jernejcic explained that many of the creek's larger fish -- including muskies and smallmouth bass -- appeared to have tried to escape the algae by swimming into tiny tributaries. Many of them died when they swam back out into the main creek or starved in the tributaries, Jernejcic said. DEP and DNR officials in West Virginia have blamed the fish kill directly on the golden algae, but have conceded that high levels of pollution tied to several CONSOL Energy mine discharges made conditions nearly perfect for the algae to spread. Pennsylvania Department of Environmental Protection officials have pointed specifically to the discharge from the pools of polluted underground water at CONSOL's Blacksville No. 1 and No. 2 mines. Those are among two large pools of underground water in the region, where CONSOL has allowed older abandoned mines to fill with water as it pumps water out of active operations to allow Asked after the legislative meeting about the Pennsylvania conclusions, Mandirola said he does not disagree with them. Mandirola said high levels of total suspended solids, including salts such as chlorides and sulfates, helped foster the algae growth. Regulators often measure these materials by testing a stream's conductivity, or ionic strength, which is the ability of the water to conduct an electric charge. Water quality officials aren't sure how the golden algae -- which is normally not found in this part of the United States -- was transported into Dunkard Creek. It could have been brought in by waterfowl, on anglers' boots or in any number of other ways, officials said. During Thursday's meeting, Mandirola showed lawmakers a chart listing at least 18 other streams across West Virginia that have similar pollution problems. The list included the North Branch of the Potomac River, the Mud River and the Little Coal River. "Those are all now of concern because of this threat," Mandirola said. DEP plans to test those streams to see if they contain low levels of golden algae that are not yet toxic, Mandirola said. DEP officials are also considering speeding up a timetable for writing the state's first water quality standard for total suspended solids, or TDS. And, Mandirola said, the agency needs to re-examine its general policy so far of not writing pollution reduction plans for streams with high levels of conductivity. Duane Nichols, a chemical engineer and spokesman for the Upper Monongahela River Association, said the state should have seen Dunkard Creek coming and now needs to take steps to avoid a repeat of the fish kill. "What we saw as a crisis became a disaster," Nichols said. "We have a catastrophe on our hands up in Northern West Virginia. If we had done this earlier, we wouldn't have this problem." >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

1 0

TDS exceedances in Mon River
by Duane330＠aol.com 15 Oct '09

15 Oct '09

Levels of total dissolved solids spike in Monongahela Thursday, October 15, 2009 By Don Hopey, Pittsburgh Post-Gazette For the third time in the past 12 months, dissolved contaminants in the Monongahela River have spiked well above federal and state water quality standards for taste and odor, and the situation is expected to get worse. The state Department of Environmental Protection announced yesterday that high levels of total dissolved solids, or TDS, in the river began showing up two weeks ago near the town of Crucible in Greene County. Since then, additional violations of the 500 parts per million TDS standard have been recorded in 46 miles of the river to Elizabeth in Allegheny County, where levels peaked on Saturday at about 600 parts per million. "This is the second time we've noted high TDS levels this fall and that's telling us that this is a problem," said DEP spokeswoman Helen Humphreys. "We'll be continuing to monitor the situation, but there's no reason to think that levels will not go higher again. There's no question we have a challenge before us." Last fall TDS levels exceeded water quality standards in more than 90 miles of the river and peaked at more than 900 parts per million. The Monongahela River is the water supply for 350,000 people and the 11 public water treatment facilities that draw water from the river are not equipped to remove TDS, which is a measure of all elements dissolved in water, including carbonates, chlorides, sulfates, nitrates, sodium, potassium, calcium and magnesium. For most, high TDS levels will make the water smell and taste bad and spot dishes and glasses but do not make an affected water source unsafe to drink. But individuals allergic to sulfates can be sickened, and the DEP has once again advised concerned residents to use bottled water for drinking and cooking until river flows increase and TDS levels return to normal. Sources of TDS include sewage treatment plants, drainage from abandoned and active mines, power plant scrubber and coolant water discharges and wastewater from oil and gas well drilling operations. Don Hopey can be reached at _dhopey(a)post-gazette.com_ (mailto:dhopey@post-gazette.com) or 412-263-1983. Read more: _http://www.post-gazette.com/pg/09288/1005633-113.stm#ixzz0U48MUJHa_ (http://www.post-gazette.com/pg/09288/1005633-113.stm#ixzz0U48MUJHa)

1 0

Dunkard algae could spread ..........
by Duane330＠aol.com 14 Oct '09

14 Oct '09

----- Original Message ----- From: _Wallace Venable_ (mailto:Wallace.Venable@mail.wvu.edu) To: _dcsoinks(a)comcast.net_ (mailto:dcsoinks@comcast.net) Sent: Wednesday, October 14, 2009 2:15 PM Subject: Dunkard Creek information just posted on _www.UpperMon.org_ (http://www.uppermon.org/) including PowerPoints from MRRCC 9 October Meeting >From _http://www.uppermon.org/Dunkard_Creek/index.html_ (http://www.uppermon.org/Dunkard_Creek/index.html) MRR&CC Mon River Water Quality Forum - 9 October, 2009 The 9 October 2009 meeting of the Mon River Water Quality Forum focused on the Dunkard Creek fish kill. We offer .PDF versions of the following PowerPoint presentations which were made: _Dunkard Creek Fish Kill Assessment - September 2009_ (http://www.uppermon.org/Dunkard_Creek/WVDNR_Wellman_Dunkard-9Oct09.pdf) Frank Jernejcic and David Wellman, Fisheries Biologists, West Virginia Division of Natural Resources - Wildlife Resources Section _Dunkard Creek Aquatic Life Kills - September, 2009_ (http://www.uppermon.org/Dunkard_Creek/WVDEP_Campbell_Dunkard-9Oct09.pdf) Patrick Campbell, West Virginia DEP-DWWM (Division of Water and Waste Management) _Upper Monongahela River Water Quality Project - Project WRI 119 - July to September 09 Results_ (http://www.uppermon.org/Dunkard_Creek/WRI_Ziemkiewicz_dunkard-9Oct09.pdf) Paul Ziemkiewicz, Water Research Institute - West Virginia University _Steele Shaft AMD Treatment Facility_ (http://www.uppermon.org/Dunkard_Creek/AMDRI_Roberts-9Oct09.pdf) Elizabeth Roberts, AMD Reclamation, Inc. And on _http://www.uppermon.org/Dunkard_Creek/Algae.html_ (http://www.uppermon.org/Dunkard_Creek/Algae.html) We have obtained several other references on golden alga: _Growth at the edge of the niche: An experimental study of the harmful alga Prymnesium parvum_ (http://www.uppermon.org/Dunkard_Creek/Baker_et_al-2009.pdf) Jason W. Baker, James P. Grover, Ratheesh Ramachandrannair, Cody Black, Theodore W. Valenti, Jr., Bryan W. Brooks, and Daniel L. Roelkec - Limnol. Oceanogr., 54(5), 2009, 1679–1687 _Growth and Toxicity of Prymnesium parvum (Haptophyta) as a Function of Salinity, Light, and Temperature_ (http://www.uppermon.org/Dunkard_Creek/Baker_et_al-2007.pdf) Jason W. Baker, James P. Grover, Bryan W. Brooks, Fabiola Urena-Boeck, Daniel L. Roelke, Reagan Errera, and Richard L. Kiesling - J. Phycol. 43, 219– 227 (2007)

1 0

Snail and bat protection in the Cheat Canyon
by duane330＠aol.com 13 Oct '09

13 Oct '09

To:? CLEAR members and friends..... Attached, please find the Third Joint Status Report filed with the US District Court last week.? We have been informed by the new property owner Allegheny Heartland LLC that they have no current plans to do more logging in the Cheat Canyon.? The new owner leases logging rights to third parties while retaining ownership of the land.? They currently have no leases for the property, or any immediate prospects.? We have been informed that we will be notified should they lease any of the timbering rights covered under the Agreement.??? Please let me know if?you have any questions. ? Duane Nichols See attachment for the detailed report.

1 0

Wildlife Viewing Area(s)
by Duane330＠aol.com 12 Oct '09

12 Oct '09

Subject: <clear> Questions from CLEAR to Allegheny Energy To and From: Andy Datsko, AE, Lake Lynn Dam & Cheat Lake [[See also: _www.cheatlaketoday.com_ (http://www.cheatlaketoday.com) ]] Please quickly tell me the status of things at the Cheat Lake Park and Trail... 1. When will you remove the day use boat docks? In the next 2 weeks. Our boat has been having some maintenance problems. 2. When will you close the South Trail? When will it open in the Spring? The trail will remain open weather permitting for the winter. If there are safety issues we will close it until the issue fixed. 3. Are both Trails currently open all the way to the end? Yes 4. What is the status of the three restroom facilities at (a) the Guard House, (b) the upper parking and day use "camping" area, and (c) adjacent to the fish cleaning station? The picnic area and fish cleaning rest rooms have been closed for the season. The one at the Admin building will remain open until mid November. At that time it will be closed and a porta john will be brought in. Unfortunately when the water system for the park was designed it was not designed for winter time operation. 5. Has a trail been marked thru the Cheat Haven Wildlife Viewing Area? No. We are waiting for FERC approval. 6. Is there access to the Lake at the end of the South Trail? No. This will be done in the spring. Do you know a contractor who can do this work? 7. Are there plans to install a boat dock at the end of the South Trail? Will be done when #6 is done. 8. Are there any "facilities" at the end of the South Trail, i.e. a bike rack, or camp table, or emergency phone? A bench is there. We will put in a bike rack in the spring as part of 6&7. 9. Tell me the Security Guard schedule, for example two shifts 7 to 3 and 3 to 11...?? We have coverage during daylight hours 112 hours per week. As we progress into the fall with decreasing hours of daylight we will move back to an 80 hour per week schedule. 10. What is the phone number for the Guards. 304-594-2817 11. Have there been any incidents in addition to the two boating accidents this summer? Boating accidents are not reported to us unless we are the reporting party. Thank you very much for relevant information at this time. Best regards................ Duane Nichols, CLEAR >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>.. NOTE TO ALL INTERESTED PERSONS: Please let me know if you have questions or comments about the above information. Specifically let me know whether you support the establishment of a walking (hiking) trail within the Cheat Haven Wildlife Viewing Area, approximately 100 acres located at the far south end of the south trail (with limited public access). This area is adjacent to the old "slate dump" located in the big turn in the lake that is opposite Warm Hollow. CLEAR is considering a letter to the Federal Energy Regulatory Commission regarding the Wildlife Viewing Area(s). I understand that a few historical signs are being prepared for installation within the Cheat Haven Wildlife Viewing Area. In earlier years, this area was involved in surface mining and other possible activities including a railroad and a cable car system that crossed the lake. [There is another undeveloped Viewing Area near the end of Stewartstown Road, a few miles past the Forks of Cheat Winery, within a few hundred feet of the Lake Lynn Dam. A small parking area could be developed there along with a path going down close(r) to the Lake, perhaps with a bench and informative sign.]

1 0

Update on Dunkard Creek
by duane330＠aol.com 11 Oct '09

11 Oct '09

EPA: Dunkard Creek algae first documented case in Mid-Atlantic states Ben Adducchio The fish kill affected more than 160 species of fish, salamanders and mussels in West Virginia and Pennsylvania. By Ben Adducchio, WV Public Broadcasting Download MP3 October 9, 2009 · The EPA made this announcement at a water quality forum Friday in Morgantown where state and federal officials discussed data and answered questions about the fish kill. The Environmental Protection Agency says the golden algae bloom, believed to be responsible for the Dunkard Creek fish kill, is the first documented case in the Mid-Atlantic states. More than 50 people crowded into a small room at the Morgantown Airport, many curious to hear if officials have any new information about what caused a massive fish kill on Dunkard Creek, a stream in western Monongalia County. The discussion focused on the creek’s high amount of total dissolved solids following the kill, water levels, and the golden algae bloom that the West Virginia DEP suspects contributed to the kill. But the DEP is still trying to determine what caused the algae bloom. Scott Mandirola is the acting director of the division of water and waste management for the West Virginia DEP. “I think the important fact is that it’s here,” he said, “we need to figure out, as fast as we can,20how to deal with it, how to control it, and how to exist with it in some of our water bodies.” The algae is known to kill aquatic life with gills in streams, and turtles over a longer period of time. One dead turtle was found at Dunkard. State Delegate Barbara Evans Fleischauer (D-Monongalia) says this has been a horrible crisis. “It’s just horrifying to see these pictures look at these numbers of how many fish have been killed. It’s really sad and it could have been prevented,” she said. Local residents want to know when the stream can be remediated, and how future fish kills can be prevented. Fleischauer thinks she can help with the prevention aspect. She plans to reintroduce legislation that would create state regulations on water withdrawals and standardize the amount of total dissolved solids in streams in the Monongahela River basin. “I think we need to get up to speed immediately, because there are going to be more streams in our state that are going to be devoid of fish,” she said. Some have argued West Virginia can come up to speed by changing the DEP’s compliance schedule with Consol Energy, which operates mines in the area. Currently, Consol has until 2013 to meet Clean Water Act standards for their acid mine discharges. Scott Mandirola with the DEP had no specifics on whether the compliance order will be amended. “We are going to continue with this compliance schedule, how it morphs one way or another, I couldn’t tell you,” he said. “If we determine that that is something that needs to be changed, we will change it accordingly to protect these streams from this algae.” The DEP is monitoring several other streams in the state with elevated TDS levels—Paw Paw Creek, Buffalo Creek, and Elk Creek, among others.

1 0

Mon River conductivity -- August thru September 2009
by Duane330＠aol.com 30 Sep '09

30 Sep '09

1 0

Monongahela River -- August thru September 2009
by Duane330＠aol.com 30 Sep '09

30 Sep '09

1 0

The Age of Stupid... movie in Morgantown
by Duane330＠aol.com 18 Sep '09

18 Sep '09

On Monday, September 21, in the Morgantown area a special opportunity exists to watch the one-night-only premiere of an important new film called The Age of Stupid. The film is a powerful "docudrama" set in the year 2055, after global warming has done massive damage to humanity. Oscar-nominated actor Pete Postlethwaite stars as a historian who "looks back" on real footage from 2008 to try to answer the question, "why didn't we stop climate change while we had the chance?" In addition to the movie, the theater will simulcast a Hollywood-style premiere event from New York City. You can purchase advance tickets by clicking here: _http://www.moveon.org/r?r=56749_ (http://www.moveon.org/r?r=56749) You'll get so much more than just a great movie. The premiere event, simulcast live from a solar-powered tent in New York City to over 700 theaters in the U.S. and 50 other countries, will feature such celebrities as Gillian Anderson, Heather Graham, and Moby. Also, MTV's Gideon Yago will interview Nobel Peace Prize recipient Kofi Annan, environmental scientist James Hansen, and The Age of Stupid director Franny Armstrong. Ending the night will be a special, acoustic performance by Radiohead's Thom Yorke. The Age of Stupid was number one at the box office in the U.K. this spring, and this one-night event is poised to break the Guinness World Record for biggest simultaneous film screening. You can watch the trailer here: (http://www.youtube.com/watch?v=m0xtPKjmnaA) _http://www.moveon.org/r?r=51921&id=17229-1764041-LC7ppKx&t=1_ (http://www.moveon.org/r?r=51921&id=17229-1764041-LC7ppKx&t=1) Check out what critics are saying about this film: * "A captivating and constantly surprising film."—George Monbiot, The Guardian1 * "Think An Inconvenient Truth but with a personality."—Gary Goldstein, Los Angeles Times2 * "Political incompetence and inaction can usher in disaster... Rome is burning, and Franny Armstrong is fiddling the right tune."—Peter Bradshaw, The Guardian3 The Age of Stupid looks us right in the eye and asks what kind of future we want for our kids. Be one of the first to see this important film and help spread the word so that as many Americans as possible hear its message. We hope to see you at the theater. Thank you for all you do. –Anna, Laura, Steven, Ilyse, and the rest of the team at _www.moveon.org_ (http://www.moveon.org) P.S. When you see this movie, you're really going to be inspired to act. The cool thing is that our friends at Avaaz, an international MoveOn-like organization, are putting together a "Global Wake-Up Call" day of action on September 21, the same day as the premiere of The Age of Stupid. Check out _http://www.avaaz.org/tcktcktck/_ (http://www.avaaz.org/tcktcktck/) to get plugged in locally. Sources: 1. "What are we not talking about now that we will be—or should be—in 2009?," The Guardian, December 27, 2008 _http://www.moveon.org/r?r=51923&id=17229-1764041-LC7ppKx&t=2_ (http://www.moveon.org/r?r=51923&id=17229-1764041-LC7ppKx&t=2) 2. "The Age of Stupid," Los Angeles Times, July 17, 2009 _http://www.moveon.org/r?r=51922&id=17229-1764041-LC7ppKx&t=3_ (http://www.moveon.org/r?r=51922&id=17229-1764041-LC7ppKx&t=3) 3. "The Age of Stupid," The Guardian, March 20, 2009 _http://www.moveon.org/r?r=51926&id=17229-1764041-LC7ppKx&t=4_ (http://www.moveon.org/r?r=51926&id=17229-1764041-LC7ppKx&t=4) For more information go to: _http://www.ageofstupid.net/_ (http://www.ageofstupid.net/)

1 0

2025

2024

2023

2022

2021

2020

2019

2018

2017

2016

2015

2014

2013

2012

2011

2010

2009

2008

2007

2006

2005

CLEAR