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

07 Sep '06

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

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

03 Sep '06

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

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

31 Aug '06

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

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

27 Aug '06

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

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

23 Aug '06

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

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

21 Aug '06

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

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

11 Aug '06

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

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

07 Aug '06

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

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

27 Jul '06

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

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

23 Jul '06

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

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

13 Jul '06

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

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

12 Jul '06

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

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

06 Jul '06

F.Y.I.

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

25 Jun '06

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

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

19 Jun '06

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

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

16 Jun '06

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

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

14 Jun '06

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

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

09 Jun '06

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

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

25 May '06

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

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

15 May '06

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

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

15 May '06

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

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

13 May '06

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

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

13 May '06

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

2 1

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

11 May '06

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

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

10 May '06

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

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