CLEAR February 2007

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

06 Feb '07

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

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

05 Feb '07

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

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CLEAR February 2007