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

09 Apr '12

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

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

06 Apr '12

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

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Fracking Awesome
by Duane Nichols 02 Mar '12

02 Mar '12

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

23 Feb '12

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

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

01 Feb '12

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

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Survey on the Cheat Watershed
by Duane 31 Jan '12

31 Jan '12

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

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

22 Jan '12

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

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

21 Dec '11

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

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

11 Dec '11

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

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

15 Nov '11

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

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Banner Year for CLEAR
by Donna Weems 05 Nov '11

05 Nov '11

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

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

22 Sep '11

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

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MON RIVER TRAIL
by Duane 22 Sep '11

22 Sep '11

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

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RAIL TRAIL SYSTEM
by Duane 16 Sep '11

16 Sep '11

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

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

14 Sep '11

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

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

07 Sep '11

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

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

07 Sep '11

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

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

06 Sep '11

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

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

24 Aug '11

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

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

23 Aug '11

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

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

20 Aug '11

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

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

11 Aug '11

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

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Raccoon
by Chester, Ann 11 Aug '11

11 Aug '11

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

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

09 Aug '11

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

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

05 Aug '11

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

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Dunkard Creek Meeting, Thursday, August 25th
by Duane 30 Jul '11

30 Jul '11

PUBLIC MEETING ANNOUNCEMENT TENTH WV/PA MONONGAHELA AREA WATERSHEDS COMPACT MEETING: BRIEFING ON PROPOSED DUNKARD CREEK FISHERY & MUSSEL RESTORATION PLAN, MINE WATER TREATMENT PLANT AND GOLDEN ALGAE ANALYSIS DATE : AUGUST 25, 2011 TIME : 6 PM LOCATION : WVU NRCCE, Assembly Room 101A/B, Parking Free After 4 PM. This will be the public’s opportunity to hear the “Proposed Fish and Mussel Restoration Plan” for Dunkard Creek from representatives of the West Virginia Department of Natural Resources (WV DNR) and provide input, comments and suggestions to WV DNR officials. Presentations will also be made by officials from the West Virginia Department of Environmental Protection as well as others to be announced in the near future along with the full agenda. Barry Pallay and Duane Nichols, Co-Chairs, WV/PA Monongahela Area Watersheds Compact

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EPA to Update NOx and SOx Standards
by Duane330＠aol.com 28 Jul '11

28 Jul '11

EPA TO REVIEW AND UPDATE SECONDARY NITROGEN AND SULFUR OXIDE STANDARDS AS REQUIRED BY CLEAN AIR ACT On July 13, EPA proposed to develop a multi-pollutant standard ensuring additional protection to human health and the environment and to vulnerable ecosystems (including streams and lakes), from the effects of nitrogen oxides (NOx) and sulfur oxides (SOx). EPA will accept comments for 60 days after the proposed rule is published in the Federal Register, issuing a final rule by March 2012. For more information, go to _http://www.epa.gov/air/nitrogenoxides/actions.html_ (http://www.epa.gov/air/nitrogenoxides/actions.html)

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Fwd: Please pass this along
by Duane330＠aol.com 24 Jul '11

24 Jul '11

Hello, Please pass this information along to your membership list. Thanks so much. Chuck Wyrostok, Sierra Club WV ============================================================ Public Hearing Reminder with Clarksburg Hearing Details The Legislature's Select Committee on Marcellus held its first public hearing last week in Wheeling. More than 100 people attended, and of the nearly 40 speakers, the majority supported stronger regulations. You can read and watch coverage of the hearing _here_ (http://theintelligencer.net/page/content.detail/id/557298/Marcellus-Driller… v=515) , _here_ (http://theintelligencer.net/page/content.detail/id/557299/Participants-Tell…) and _here_ (http://www.wtov9.com/video/28629163/index.html) . There are two more opportunities to share your concerns in person and let legislators know what you would like to see in a bill to regulate natural gas drilling in West Virginia. Here are the details for this week's public hearings: Monday, July 25 in Morgantown ~ 7:30PM at the West Virginia University College of Law Wednesday, July 27 in Clarksburg ~ 7:30PM in the auditorium at Robert C. Byrd High School The Select Committee is specifically looking for language or issues to include in a bill. WV Sierra Club’s Position Paper (attached) contains many of the specific issues that need to be addressed. One approach might be for each speaker to address one or two of the issues with other speakers addressing the others. It is important to make sure that every one of needs is supported publicly, if time allows. We don’t want to waste time by needlessly duplicating statements. These public hearings are scheduled to last only 90 minutes, and the amount of time allotted to individual speakers will be allocated according to how many citizens want to speak. So get there early and sign up. It is important to continue asking for a moratorium on Marcellus drilling until stringent rules are in place to protect citizens and the environment. Enforcement of those rules by sufficient DEP staff is equally essential. If you are unable to attend, please contact members of the select committee today. Senators: Doug Facemire, D-Braxton, Chair douglas.facemire(a)wvsenate.gov Home: 304 765 2231 Biz: 304 364 9903 Capitol: 304 357 7845 Karen Facemeyer R-Jackson karen.facemyer(a)wvsenate.gov Home: 304 372 2260 Biz: 304 428 1622 Capitol: 304 357 7855 Corey Polumbo D-Kanawha corey.palumbo(a)wvsenate.gov Home: 304 746 7933 Biz: 304 347 1781 Capitol: 304 357 7880 Herb Snyder D-Jefferson herb.snyder(a)wvsenate.gov Home: 304 725 4529 Biz: 304 725 6174 Capitol: 304 357 7957 Orphy Klempa D-Ohio orphy.klempa(a)wvsenate.gov Home: 304 242 9200 Biz: 304 233 2500 Capitol: 304 357 7918 Delegates: Tim Manchin, D-Marion, Chair tmanchin(a)manchin-aloi.com Home: 304 363 5613 Biz: 304 367 1862 Capitol: 304 340 3166 Barbara Fleischauer D-Monongalia barbaraf(a)wvhouse.gov Home: NA Biz: 304 296 7035 Capitol: 304 340 3169 Tom Campbell, D-Greenbrier tcampbell(a)grcs.com Home: 304 793 3976 Biz: 304 793 3976 Capitol: 304 340 3280 Woody Ireland, R-Ritchie woody.ireland(a)wvhouse.gov Home: 304 349 2957 Biz: NA Capitol 304 340 3195 Bill Anderson, R-Wood bill.anderson(a)wvhouse.gov Home: 304 375 7880 Biz: NA Capitol 304 340 3168 Collectively, here are the email addresses for all ten: _douglas.facemire(a)wvsenate.gov_ (mailto:douglas.facemire@wvsenate.gov) ; _karen.facemyer(a)wvsenate.gov_ (mailto:karen.facemyer@wvsenate.gov) ; _corey.palumbo(a)wvsenate.gov_ (mailto:corey.palumbo@wvsenate.gov) ; _herb.snyder(a)wvsenate.gov_ (mailto:herb.snyder@wvsenate.gov) ; _orphy.klempa(a)wvsenate.gov_ (mailto:orphy.klempa@wvsenate.gov) ; _tmanchin(a)manchin-aloi.com_ (mailto:tmanchin@manchin-aloi.com) ; _barbaraf(a)wvhouse.gov_ (mailto:barbaraf@wvhouse.gov) ; _tcampbell(a)grcs.com_ (mailto:tcampbell@grcs.com) ; _woody.ireland(a)wvhouse.gov_ (mailto:woody.ireland@wvhouse.gov) ; _bill.anderson(a)wvhouse.gov_ (mailto:bill.anderson@wvhouse.gov) You can also call legislators’ Capitol offices Toll Free at 1-877-565-3447. Here are the top needs for a meaningful Marcellus bill: 1. Advance public notice of all stages in permitting and drilling 2. Adequate permit fees and bonding amounts 3. Protection of surface owners’ property and rights 4. Water withdrawal and disposal monitoring and permitting to protect streams and rivers 5. Enhance inspection of casing/cementing as critical for groundwater protection 6. Full protection of all water wells, with adequate setbacks and testing 7. Increased funding for more inspectors to assure safe practices 8. Reform method of certifying and selecting new gas inspectors 9. Removal and proper disposal of drilling pits 10. Disclosure of fracking fluid contents and safety plans for accidents 11. Protect public lands: state parks, wildlife areas, and state forests Please see attachment for a detailed “Essential Elements Needed for Regulation and Enforcement of Marcellus and Other Gas Wells”. Feel free to print and distribute copies to legislators and concerned citizens. Acting Governor Earl Ray Tomblin has said publicly that he would call a Special Session to deal with a Marcellus bill if the House and Senate could reach agreement on a bill. Make sure your ideas are part of that agreement. Thank you for taking action. Chuck Wyrostok Sierra Club Outreach Organizer Toll free 877 252 0257 E: outreach(a)marcellus-wv.com www.marcellus-wv.com

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CLEAR members and friends invited.........................
by Duane330＠aol.com 30 Jun '11

30 Jun '11

Chuck Simons' Memorial Dedication, Saturday, July 9th at 1 pm Cheat Lake Park and Trail Picnic to follow at Rubbles Run picnic area. Please RSVP to Suzy Palcic at (724)838-6101 by July 1st.

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Public meeting on Preston Landfill: Thursday, June 30th at 7 pm
by Duane330＠aol.com 23 Jun '11

23 Jun '11

FOR IMMEDIATE RELEASE June 22, 2011 Amanda Pitzer, Executive Director Friends of the Cheat 119 South Price St., Ste. 206 Kingwood, WV 26537 (304) 329-3621 _Amanda(a)cheat.org_ (mailto:Amanda@cheat.org) Community Meeting on Proposed Big Sandy/Bruceton Mills Oil Field Waste Landfill Friends of the Cheat (FOC) will facilitate a community meeting to discuss the proposed landfill sited near Big Sandy and Little Sandy Creeks, about 3 miles outside of Bruceton Mills, on Thursday, June 30th at 7 pm at Bruceton Elementary School. The meeting will begin with FOC staff sharing what they know about the proposed facility followed by an explanation of FOC’s concerns related to the landfill’s proposed location and potential threats to the community and its valuable natural resources. Following this presentation, FOC will open the floor to community members to ask questions and voice their concerns. Anyone is invited to participate, with a special invitation to all Preston County citizens, community leaders, and elected officials. Bruceton Elementary school is located on Morgantown Street approximately ¼ mile off the I-68 Bruceton Mills exit.

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Chuck Simons Memorial Dedication: 1 pm, July 9th
by Duane330＠aol.com 23 Jun '11

23 Jun '11

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The Mon Valley and The Cheat Watershed
by Duane 07 Jun '11

07 Jun '11

NOTE: TONIGHT THE MORGANTOWN CITY COUNCIL WILL BE TAKING UP AN ORDINANCE TO BAN MARCELLUS WELLS WITHIN THE CITY LIMITS AND A BAN ON FRACKING OUT ONE MILE FROM THE CITY LIMITS. ALSO OUR CHEAT RIVER AND CHEAT LAKE ARE AT RISK PRIMARILY DUE TO THE FORTY OR SO DRILLING PERMITS IN THE CHEAT WATERSHED, IN BOTH WEST VIRGINIA AND PENNSYLVANIA. ALSO OF CONCERN IS A PROPOSAL TO SITE A SOLID WASTE LANDFILL NEAR THE BIG SANDY. SEE THE MESSAGE BELOW FROM OUR FRIEND CHARLIE WALBRIDGE. Duane Nichols, Cell- 304-216-5535. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> FROM CHARLIE WALBRIDGE, PRESTON COUNTY. RE: PROPOSED MARCELLUS SOLID WASTE DISPOSAL SITE IN THE LOWER CHEAT WATERSHED........"........................".................................. This is a very dangerous project! Exploration and production waste from gas drilling is currently EXEMPT from all government safeguards and monitoring. Although the dump site owners say it is safe, the truth is that no one really knows and there is much evidence that says otherwise! It's a clear threat to ground and surface water needed to support our families, maintain our livestock, and maintain a healthy population of wildlife and fisheries.The site is in between the Big Sandy and Little Sandy Creeks, both of which important fishing streams. Jobs and economic development are important, but we must also weigh the catastrophic economic costs if precipitous drop in water quality drives people off their homes and farms. I cannot support an activity which poses such a terrible threat to our way of life. Your help is needed NOW, especially if you live in or own property in Preston County. Please send letters to: Preston County Solid Waste Authority c/o Mr. Fred Taylor 118 Lick Run Rd. Newburg, WV 26410 and the Preston County Commission 106 W Main Street, Room 202Kingwood, WV 26537. Ask them NOT TO APPROVE the landfill because of its danger to our water supply and the fish ans wildlife along the Big Sandy River. The Preston County Solid Waste Authority and the WVDEP's approved siting plan does not allow for this type of facility to be built there. Ask them not to amend their plan. They can stop it locally, and they will if they hear from enough people. Friends of the Cheat is trying to stay on top of this and other marcellus issues, but needs your support. Please send what you can to them at 119 S. Price St., Kingwood, WV 26537. Phone304-329-362; they take credit cards. Bruceton landfill approval vote delayed Friday June 3, 2011 By Michelle Wolford The Dominion Post, Morgantown, W.Va. KINGWOOD -- The Preston County Solid Waste Authority (PCSWA) voted unanimously this week to delay support for a proposed landfill in Bruceton Mills until certain conditions are met. CCS Mainstream Services has purchased 250 acres near W.Va. 26 in Bruceton Mills on which it would like to install a facility for the disposal of waste from the oil and gas industries. The company's first hurdle is the local Solid Waste Authority. CCS Mainstream Services is based in Texas and Canada and has built 24 such facilities, all of them in Canada, according to the company's website. PCSWA Chair Fred Taylor said unless CCS Mainstream Services obtains an alternative route to the site, which is off Benson Road, the PCSWA will not support it. The motion also calls for CCS to supply an environmental impact statement. The Bruceton Mills site was chosen for its proximity to Interstate 68 -- "and a labor force looking for work," said Scott Herbst, manager of engineering projects for CCS Midstream. He said the project is still in the research stages. The plan calls for a 120-acre footprint on the 250-acre parcel, and the employment of "between 15 and 20 full-time employees," Herbst said. Taylor said he told Solid Waste Authority members that Bruceton Mills is the cleanest part of Preston County and not only has access to I-68 but also clean water and trout streams. "I bragged on Bruceton," he said. "It's a good family area and a lot of good people are moving there." The proposed site is near the confluence of Little Sandy Creek and Big Sandy Creek. Greg Sypolt, another PCSWA member, said he's neutral on the landfill, but wants to know what would come to it.

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CONCERN FOR MARCELLUS WELLS IN OUR AREA
by Duane 24 May '11

24 May '11

COMMUNITY COALITION FOR SOCIAL JUSTICE May 25 We are growing! Keep up the momentum! Let's Hear YOUR Voice Again and Again!! Together we can STOP Marcellus Gas Drilling at Morgantown Industrial Park Upstream of Morgantown's Drinking Water Plant Near County Schools! PLEASE COME to a Community-side Rally to Express YOUR Concerns and Questions WHERE: Mon County Courthouse Square, High Street, Downtown Morgantown WHEN: Wednesday, May 25, Noon to 1:00 pm Bring Your Kids, Bring Your Friends, Bring a Sign (g-rated) Please forward this announcement to your friends, family and neighbors. Rally contact: frackinquestions(a)gmail.com June 2 PUBLIC MEETING ON THE ADVERSE IMPACTS OF MARCELLUS NATURAL GAS ACTIVITIES: WHERE ARE WE, WHERE ARE WE GOING Date: Thursday, June 2, 2011. Time: 6:15 PM SHARP. [Doors Open at 6:00 PM]. Location: Skyview Elementary School (near Marcellus well site) [Off River Road just South of DuPont Road, South of Westover] SPONSORS: WV/PA Monongahela Area Watersheds Compact (Barry Pallay & Duane Nichols) and the League of Women Voters (Kitty Lozier, Phyllis Marshall, Janice Gunel, Jonathan Rosenbaum) Welcome and Introductions (Identification of Groups Present). Barry Pallay, Co-Chair Watersheds Compact, VP UMRA Overview of Permitted Wells near Morgantown Industrial Park In Relation to MUB Water Intake, Local Schools and Other Facilities. Evan Hansen, President, Downstream Strategies The AES Sweetwater Facility for Recycling Marcellus Frackwater Being Installed at theMorgantown Industrial Park. Duane Nichols, Co-Chair Watersheds Compact The Proposed Preston County Landfill for Marcellus Wastes Under Consideration in the Cheat Watershed. Amanda Pitzer, Friends of the Cheat. Review of Marcellus Natural Gas Development Activities in Pennsylvania. Martin Niverth, UMRA. Update on Wetzel County Marcellus Developments. Bill Hughes, Wetzel County Action Group Status Report on Activities to Ban Marcellus Drilling in and around Morgantown and the Watershed that Provides Drinking Water to Morgantown. Speaker TBA Update on the Citizens Stream Monitoring Program of the Isaac Walton League. John Butler West Virginia Source Water Protection, Certification & Training Program. How Does It Relate toMorgantown Needs. Bill Toomey, DHHR, Bureau of Public Health WVU Source Water Protection Resource Program. How Does It Relate to Morgantown Needs. Gerald Iwan, WVU National Environmental Services Center WV-DEP Division of Water & Waste Management Programs Related to Source Water Protection, How Does It Relate To Morgantown Needs. Invited. WV-DEP Division of Air Quality Programs Related to Air Quality Protection. How Does It Relate to Morgantown Needs. Invited. The Land Protection Program of the WV-DEP Office of Oil and Gas Land/Mineral Protection Programs. How Does It Relate To Morgantown Needs. Invited. Army Corps of Engineer Water Resources and Management Programs, How Does It Relate To Morgantown Needs. TBA Morgantown Utility Board (MUB) Programs, How Does It Relate To Morgantown Needs. Tim Ball, Director, MUB Update on Activities of the Morgantown Area Concerned Citizens. Kathy Cash, Sandra Fallon, Ann Payne, Alice Meehan, Catherine Tall Listing of the Concerns of the Groups Present. Barry Pallay, Facilitator Resolutions on Water, Air and Land Protections Programs. Barry Pallay, Facilitator Concluding Remarks and Announcements Duane Nichols, Home- 304-599-8040, Cell- 304-216-5535.

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Water, water, but what is in it?
by Duane330＠aol.com 15 May '11

15 May '11

Watershed Report: our newest feature Observer-Reporter, Washington, PA, May 15, 2011 Much of the quality of life here in Southwestern Pennsylvania has to do with the quality of our water. It is what we drink and what we use for cooking, washing and bathing. We use it to water our gardens and our crops. We swim in it and we fish in it. It is the blood of the veins of our land. And that is why it is so crucial to protect our water resources from the numerous and increasing sources of pollution: sewage, fertilizer and pesticides, industrial wastes and contaminants from coal mining and gas drilling. A coalition of local organizations - the Greene-Washington County Water Quality Awareness Group - is now working in cooperation with the state Department of Environmental Protection to regularly test creeks and streams for pollutants. This newspaper has agreed to publish its monthly reports, the first of which appears today. Today's report calls attention to Whiteley Creek in Greene County. Results of the testing by volunteers and the DEP indicate that it is a "hot spot" in need of action to prevent it from suffering the damages inflicted on Dunkard Creek, made lifeless by mine water. We applaud the local chapter of the Izaak Walton League and the other groups in the coalition for their efforts in preserving our most vital natural resource. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> Marcellus Gas Drilling is Scheduled to Begin in Morgantown Industrial Park Soon Upstream of Morgantown’s Drinking Water Plant Near County Schools PLEASE COME to a Community-wide Rally to Express YOUR Concerns and Questions WHERE: Mon County Courthouse Square. High Street, Downtown Morgantown WHEN: Wednesday, May 18, 10:00 to Noon Bring Your Kids and Bring a Sign (G-rated) Please forward this announcement to your friends, family and neighbors. For your information: Morgantown Utility Board’s letters to the West Virginia Department of Environmental Protection stating its concerns are attached and can be downloaded from the Charleston Gazette blog: _http://blogs.wvgazette.com/watchdog/2011/05/13/morgantown-utility-board-see ks-drilling-safeguards_ (http://blogs.wvgazette.com/watchdog/2011/05/13/morgantown-utility-board-see…) Organized by concerned Morgantown area citizens: Kathy Cash, Sharon Goodman, Ann Payne, Marc Glass, Catherine Tall, Sandra Fallon, Cindy O'Brien

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Work underway on two Marcellus wells near Morgantown
by Duane330＠aol.com 14 May '11

14 May '11

REPORT ON THE ANNUAL MEETING OF THE MORGANTOWN LEAGUE OF WOMEN VOTERS At the annual Morgantown League of Women Voters meeting today, it shouldn't be too hard to figure out what the major topic of discussion was about. Both Barbara Fleischauer and Charlene Marshall were in attendance (Amanda Pasdon is a member, too). Legislators can be members but they can't serve on Board positions. The Natural Resources committee convened after the meeting. We will have a spokesperson at both Tuesday evening's City Councils meeting and the Wednesday morning's County Commission meeting. Our approach will be to ask for both an injunction and a City ban like the one Wellsburg just passed that includes extending the ban 1 mile from City's boundaries which is allowable under State law if a City feels it is under threat. The sentiment is that Morgantown should have an ordinance ban, and that Morgantown's Lawyer is incorrect in his assertion that such an ordinance would have no legal teeth because of Home Rule. Morgantown LWVWV thinks as many organizations as possible should be pushing for an injunction. The Morgantown LWV is going to advertise in the newspaper (LTE) that we will be present at both the City Council and County Commission. The news now is that drilling will begin on Wednesday so we still have a tiny bit of time. Fracking starts at a later date. -Jonathan Rosenbaum

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Ice's Ferry bridge being replaced
by Duane330＠aol.com 14 May '11

14 May '11

DOMINION POST local page 7A Saturday 14 May 2011: History surrounds Ice’s Ferry, bridge CURIOSITY GETS the better of us as contractors prepare to build a new bridge to replace the Ice’s Ferry span across Cheat Lake along W.Va. 857. We know there is much history surrounding the bridge location and the lake bed that once housed an entire community. Some remember buildings that existed in that area when there actually was an Ice’s Ferry carrying people across Cheat River. Others recall playing baseball at a field eliminated when the river was dammed for its hydroelectric capabilities. Elliott’s roller mill, built in 1840, was one of the facilities near where the ferry crossed. The first bridge was erected in 1900, but it was destroyed by an ice floe in 1918. One section of the current bridge was erected in 1920. Extensions were added when the river was converted into a lake. The area had at least 16 ferries operating from time to time between the early 1780s and 1806. The Ice’s Ferry vessel was among the most prominent because of its location. It provided a way to move people, animals and vehicles from Morgantown to the east side of the river. One of the most famous people to cross the ferry was George Washington, on his survey of an east-west road in 1784. As a boy, Washington also did some surveying in this region for Lord Fairfax, who was granted a vast area of land in western Virginia. He had nearly 300 tracts of land surveyed in this region. Fairfax, who considered himself a British subject, was saved from embarrassment during the Revolutionary War because of his friendship with Washington. Fairfax became despondent when the British were defeated Oct. 19, 1781, and died soon after at the age of 92. Before the war ended, the government of Virginia began taking Fairfax’s property and giving it to settlers. That region today lies in West Virginia. Meanwhile, back to the Ice’s Ferry Bridge (or Cheat River Bridge if you prefer), that’s to be replaced by October 2012. Efforts by the state to sell the iron bridge for a dollar didn’t materialize, so the contractor will dismantle it as a new span is built. When the ferry was about to cease operations in 1900, there was a near tragedy involving local citizens. They had crossed on the ferry in their carriage, heading to Mont Chateau. On the return trip, their carriage toppled into the river. All passengers were rescued unharmed. Isaac Hastings operated the ferry in 1877. By 1882, it was used by a four-horse stage coach that carried passengers from Morgantown to Uniontown, Pa. When the first bridge across the Cheat at that location was destroyed by ice in 1918, the ferry was in operation under the management of Harry Hall. It remained in operation until the new span was finished in 1920. For many years after the lake was formed, local residents talked about the hazards that could be in store for swimmers and boaters. They thought that barbed-wire fences and farm buildings were still under the water where a person could be snagged and injured. Although there have been many drownings in the lake during its existence, none was associated with underwater hazards that I know of. There have been instances of people being killed or injured near the bridge. Although swimming in that area has been prohibited, some young swimmers still used the span as a diving board. There also have been times when stolen goods, such as a safe, have been dumped into the lake near the bridge. Now, we are entering a new era, with new stories about the 2012 Ice’s Ferry Bridge. JOHN SAMSELL is a retired copy editor/ special sections editor for The Dominion Post. His column appears Saturday. Send email to johnsamsell(a)hotmail.com.

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Tapping good water is not a simple task
by Duane 10 May '11

10 May '11

TOAST TO TAP WATER– Celebrate National Drinking Water Week from May 1st to May 7th, 2011! ........I just received this today, May 10th! Since Americans drink more than one billion glasses of tap water per day, a safe water supply is critical to protecting Americans’ health. How is your community protecting your tap water? What actions can you can take to protect your precious water supply? Share your thoughts and ideas at http://blog.epa.gov/healthywaters/ OBAMA ADMINISTRATION COMMITS TO CLEAN WATER PROGRESS Despite the dramatic progress of the Clean Water Act, an estimated one-third of U.S. waters still do not meet the swimmable and fishable standards. The administration has developed a new framework to increase water protection through the promotion of innovative partnerships, water efficient communities, restoring important water bodies, protecting public health, enhancing recreational water use, updating water policies, and scientifically solving water problems. For more information, go tohttp://www.whitehouse.gov/administration/eop/ceq/initiatives/clean-water >>>>>>>>>>>>>>>>>>>>>>>>>>>><<<<<<<<<<<<<<<<<<<<<<<<<<<<< SEE ALSO THE "SUSTAINED OUTRAGE" BLOG ENTITLED: "Morgantown Drilling Approved With No Public Input" at the web site below: http://blogs.wvgazette.com/watchdog/2011/05/06/morgantown-drilling-approved… >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>><<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<< Duane Nichols, Home- 304-599-8040, Cell- 304-216-5535

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Marcellus Shale Gas Activities in the Mon and Cheat River valleys
by Duane 06 May '11

06 May '11

> From: Frack Check WV <frackcheckwv(a)gmail.com> > Date: May 6, 2011 1:09:09 PM EDT > Subject: Monitoring Marcellus Shale Gas Activities in the Cheat River Watershed > > Monitoring Marcellus Shale Gas Activities in the Cheat River Watershed > > Monitoring Marcellus Shale Gas Activities in the Cheat River Watershed > Posted: 06 May 2011 07:16 AM PDT > The lower Cheat River watershed is now challenged by an influx of Marcellus shale natural gas development. An article and map have been prepared by the Friends of the Cheat (FOC) to illustrate how these sites are concentrated, many on quality streams. As of early April, there have been over 50 Marcellus related gas permits issued in Preston County. > > Also, construction has commenced on a natural gas gathering pipeline running south from the WV/PA line northeast of Bruceton Mills. Superior Appalachian Pipeline Company of Canonsburg, Pennsylvania, broke ground for a 16-mile natural gas project on March 1st. Superior said the area has had limited ability to transport natural gas, and the new pipeline will make that easier. > > Further, rumors of a commercial solid waste facility to accept the dried byproduct of produced water swirled last summer. An article in the Morgantown Dominion Post on July 28, 2010 said that the rumors of a new landfill for Marcellus drilling wastes near Bruceton Mills had raised concerns among local citizens. And, on April 29, 2011 this same newspaper reported that a meeting was underway with the WV-DEP in Charleston to discuss such a landfill with an unidentified company. It was reported that the WV Public Service Commission would not approve a landfill without the approval of the Preston County Solid Waste Authority. > > This region’s oil and gas inspector has over 5,000 wells on his roster and the development of many new wells is just getting started. FOC works each day to remediate the impacts of pre-regulatory coal mine pollution. Over $50 million has been spent cleaning up these impacts in the Cheat River watershed and some 14 treatment systems have been installed. The progress that has been made to clean up the Cheat River and Cheat Lake is now at stake. “Let’s take our time and do it right this time,” said Amanda Pitzer, Executive Director of the Friends of the Cheat. She said that “We can all wait. The gas will still be 8,000 feet under our beautiful mountain homes in the mean time.” > > > Two Marcellus Permits Issued for Morgantown Industrial Park, Upstream of Drinking Water Intake > Posted: 05 May 2011 10:44 PM PDT > View Larger Map > The WV DEP, in March, issued permits for Northeast Natural Energy of Charleston, WV to drill two Marcellus gas wells on a well pad in the Morgantown Industrial Park. The company has the option to apply to drill four more wells on the pad. The fact that the site is located upstream of the Morgantown drinking water intake, could be a large source of air pollution almost inside the city, and had no public comment period before the permit was issued, has caused concern among officials and watershed groups. > > Read the full article in the Charleston Daily Mail… > > The map above is an approximate location. For exact coordinates of the well pad, search for API#061-01622 on the WV DEP Oil and Gas Interactive Map > > > >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>><<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<

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The CHEAT FESTIVAL is THIS SATURDAY
by Duane 05 May '11

05 May '11

"INTO THE CANYON" NEWSLETTER See also: www.cheat.org Duane Nichols, Cell- 304-216-5535.

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17th Annual Cheat River Festival (aka CheatFest) on May 7th
by duane330＠aol.com 26 Apr '11

26 Apr '11

17th Annual Cheat River Festival (Rt. 26 Albright, WV, from May 07, 2011 12:00 PM to May 07, 2011 11:00 PM) The festival is a celebration of the Cheat River and its improving water quality. Friends of the Cheat formed in 1994 after a deep mine seal blow out & millions of gallons of highly acidic drainage colored Muddy Creek and the Cheat River bright orange, killing fish for miles downstream. Since that time many water restoration projects have been completed on the lower Cheat and water quality has been steadily improving The Cheat River is long loved by paddlers for its challenging whitewater, & fishermen who are finding larger numbers & varieties of fish species. Our vision of a rail trail along the river will allow hikers, runners, & bicyclists to experience the beauty of the river close-up. The Proceeds from Sponsors, Vendors, and Attendees helps keep our organization running throughout the year. If you want to be a sponsor or vendor, please call Janet at (304) 329-3621

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EIGHTH COMPACT MEETING -- April 28th, Airport, 1 PM.
by Duane330＠aol.com 19 Apr '11

19 Apr '11

>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> EIGHTH MEETING: APRIL 28TH WV/PA MONONGAHELA AREA WATERSHEDS COMPACT THURSDAY, 4/28/2011, 1:00 PM, MORGANTOWN AIRPORT ANNEX 1. Opening Statements, Introductions ……………….Barry Pallay, Co-Chair 2. Testimonials on Residential Impacts in Pennsylvania & West Virginia… Introduced by Martin Niverth, UMRA, and Duane Nichols, Co-Chair. 3. Update on Marcellus Gas Development in Wetzel County ….. Bill Hughes, Wetzel County Action Group. 4. Proposed Bromide Standard for Drinking Water Sources…. Lewis Baker, West Virginia Rural Water Association 5. Report on Future Legislation and Possible Special Legislative Session ………. WV Delegates Mike Mannypenny, Barbara Fleischauer, Tim Manchin 6. Report on WV-DEP, Office of Oil and Gas—Permitting Process, Inspection Process, Notice of Violations, and Fines. [James A. Martin, Chief of OOG (Invited but attendance not confirmed).] 7. Natural Gas Development in the Lower Cheat Watershed, Amanda Pitzer, Director, Friends of the Cheat. 8. Discussion Session, Proposals from the Floor, Planning for Next Meeting. For questions or comments before the meeting, please contact Co-Chair Duane Nichols at _duane330(a)aol.com_ (mailto:duane330@aol.com) or 304-216-5535. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

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Water Quality Standards, WV DEP. See Schedule in Link below.
by Duane 29 Mar '11

29 Mar '11

http://www.dep.wv.gov/WWE/Programs/wqs/Pages/default.aspx Duane Nichols

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Charles L. (Chuck) Simons death reported.
by Duane330＠aol.com 29 Mar '11

29 Mar '11

To: Cheat Lake Environment & Recreation Association. Date: March 29, 2011 From: Andy Datsko, Manager, Lake Lynn Dam. RE: Charles L. (Chuck) Simons, Manager of Environmental Affairs, Greensburg, PA With a heavy heart I report that Chuck Simons passed away last evening after a short illness. (He had a heart attack this past Wednesday and was hospitalized in Greensburg.) Please pass this information on to others who may have known Chuck or worked with him in the past. Chuck was always on top of the regulatory environmental issues that Lake Lynn was involved with. To continue with Chuck’s work in keeping Lake Lynn a model operation for regulatory and environmental compliance please use me as a single point of contact for Lake Lynn unless you receive additional direction. Andrew C. (Andy) Datsko >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> Note: Chuck Simons has held effectively the same position at Allegheny Energy over the past 15 years or so. He has been the primary contact at AE for CLEAR involving most all matters in which the power company had some responsibility. On February 25, 2011, Allegheny Energy became part of a larger power company, namely FirstEnergy Corporation, 76 South Main Street, Akron, Ohio 44308. FirstEnergy now includes: _Ohio Edison_ (http://www.firstenergycorp.com/Ohio_Edison/index.html) , _The Illuminating Company,_ (http://www.firstenergycorp.com/The_Illuminating_Company/index.html) _Toledo Edison_ (http://www.firstenergycorp.com/Toledo_Edison/index.html) , _Metropolitan-Edison, _ (http://www.firstenergycorp.com/Met-Ed/index.html) _Penelec_ (http://www.firstenergycorp.com/Penelec/index.html) , _Penn Power, _ (http://www.firstenergycorp.com/Penn_Power/index.html) _West Penn Power_ (http://www.alleghenypower.com/) , _Jersey Central Power & Light_ (http://www.firstenergycorp.com/JCP_L/index.html) , _Mon Power_ (http://www.alleghenypower.com/) , and _Potomac Edison_ (http://www.alleghenypower.com/) . Duane Nichols

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Help! Morgantown City Council Resolution
by dfvet＠aol.com 28 Mar '11

28 Mar '11

Hi. I'm urging all Morgantown green groups to please write a letter encouraging the City Council to pass the resolution that calls for a temporary cessation of the issuing of new gas drilling permits. The resolution will be considered tomorrow, Tuesday at 7PM. Send reps to the meeting if you can. The WVDEP is already overwhelmed and no protective law was passed during the legislative session to provide funding to the WVDEP nor give the agency any teeth for enforcement. Here is the link to see the resolution. Help if you can. A strong message needs to be sent to the governor and the legislators, particularly as there is a gubernatorial election coming up in May. Thank you. Dee Fulton http://savethewatertable.org/2011/03/resolution-for-the-establishment-of-a-…

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Water contaminant monitoring
by Duane330＠aol.com 17 Mar '11

17 Mar '11

EPA IS PROPOSING NEW GROUP OF 30 UNREGULATED WATER CONTAMINANTS FOR MONITORING AND PUBLIC COMMENT EPA is required by the Safe Drinking Water Act to identify up to 30 unregulated contaminants for monitoring every five years and is requesting public comment on 30 contaminants until May 2, 2011. EPA will consider the public input before the list is finalized in 2012. Sampling will be conducted from 2013 to 2015 at systems serving more than 10,000 people and at 800 systems serving less than 10,000 people. For the proposed list, go to _http://water.epa.gov/lawsregs/rulesregs/sdwa/ucmr/ucmr3/index.cfm_ (http://water.epa.gov/lawsregs/rulesregs/sdwa/ucmr/ucmr3/index.cfm) .

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Dunkard Creek Fish Kill Settlement
by Duane330＠aol.com 14 Mar '11

14 Mar '11

DUNKARD CREEK FISH KILL SETTLEMENT ============================================================ Monday, March 14, 2011 @ 3:07 PM ============================================================ The West Virginia Department of Environmental Protection and the state Division of Natural Resources have entered into a proposed settlement with CONSOL Energy in which the company has agreed to pay $500,000 for natural resources damages in Dunkard Creek in Monongalia County. The $500,000 settlement is in addition to a $5.5 million civil penalty the company will pay and nearly $200 million the company will spend on the construction of an advanced water treatment plant to address high levels of chlorides discharged from four of its underground mines in northern West Virginia. Both the civil penalty and the water treatment plant are part of a settlement the company entered into with the U.S. Department of Justice, the U.S. Environmental Protection Agency and the WVDEP. In September 2009, thousands of fish, mussels and amphibians were killed in Dunkard Creek because of toxins produced by Golden Algae that had begun blooming in the stream. Golden Algae, which is not native to West Virginia’s fresh water streams, is more commonly found in brackish or salty water bodies. Although it was never determined how the Golden Algae was introduced into Dunkard Creek, research indicated that nutrients and high levels of chlorides and dissolved solids can contribute to its growth. “In the days immediately following the fish kill in Dunkard Creek, CONSOL voluntarily worked with the DEP and the EPA to proactively manage their mining operations to minimize the risk of another algae outbreak while at the same time keeping their miners working,” said DEP Cabinet Secretary Randy Huffman. With requirements put in place by the WVDEP to reduce the amount of chlorides and total dissolved solids (TDS) in Dunkard Creek, the Monongalia County stream continues to avoid dangerous algae blooms that can threaten aquatic life. Additionally, the state DNR reports that fish are returning to Dunkard Creek following the massive kill. A fish survey conducted at one station on Dunkard Creek a month following the September 2009 fish kill revealed only four species of fish. By July 2010, sampling revealed 29 species at that same station. In 2005, the same location had 33 species. On Dec. 18, 2009, the WVDEP issued the first of two orders to CONSOL that addressed the company’s mine water management in relation to CONSOL pumping water from its underground mining operations into Dunkard Creek; established Golden Algae monitoring requirements for CONSOL; called for the company to monitor for chlorides, TDS, selenium and specific conductance at various outlets on Dunkard Creek; and set chloride and specific conductance levels for CONSOL discharges. Patrick Campbell, of the WVDEP’s Division of Water and Waste Management, said Dunkard Creek has been free of Golden Algae since January 2010. “Multiple locations on Dunkard Creek have been monitored weekly by the company and periodically by us (WVDEP) since January and nothing has turned up,” Campbell said. “We also sampled 40 other locations around the state last summer and didn’t find Golden Algae, which I think is significant. As far as we can tell right now, this was isolated to Dunkard Creek.” Still, Campbell said the WVDEP would likely monitor for Golden Algae “for the next four or five years or until we get some confidence level that this was an isolated event.” Although it will likely take decades for the mussel population to return, DNR biologists found that fish such as minnows, darters and suckers are returning to Dunkard Creek from tributaries and some reproduction is occurring. “This is a reflection that water quality has improved and is being maintained,” Campbell said. Mining is critical to our state’s economy, but clean water is paramount. The cooperative efforts by all involved are protecting both. According to CONSOL, not one job will be lost, but the plan will result in clean water. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> _http://www.prnewswire.com/news-releases/consol-energy-reaches-ground-breaki ng-clean-water-agreement-with-us-epa-and-west-virginia-dep-117939064.html_ (http://www.prnewswire.com/news-releases/consol-energy-reaches-ground-breakin g-clean-water-agreement-with-us-epa-and-west-virginia-dep-117939064.html)

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Special Legislative Session Needed To Address Impacts
by Duane 14 Mar '11

14 Mar '11

Acting Governor Tomblin’s office is keeping a list of callers requesting a special session for legislation on the impacts of Marcellus Shale gas drilling. Concerned citizens can leave a message with his secretary at (304) 558-2000. The next meeting of the WV/PA Monongahela Area Watersheds Compact is set for 1 PM on Wednesday, March 23rd, at the Morgantown Airport Annex, and will address many of the Marcellus related issues. An Agenda will be distribute shortly. Duane Nichols, Home- 304-599-8040, Cell- 304-216-5535.

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Action Alerts from WV Environmental Council
by duane330＠aol.com 28 Feb '11

28 Feb '11

West Virginia Environmental Council Action Alert February 28, 2011 WVEC Alerts Archive Below are Two (2) Action Alerts: HB 2878 – Marcellus Shale Gas Drilling and Water Quality Standards Rule (incl. 500 ppm TDS) HB 2878: Please contact all of your representatives in the House of Delegates – urge passage of HB 2878. We need to reach every member of the House today. This bill MUST pass the House by Wednesday to remain active this session. Although this bill lacks a lot of what we’d like to see in a bill regulating the drilling of Marcellus Shale gas, the goal is to keep the discussion about Marcellus alive with hopes of improving it within the next two weeks. Water Quality Standards Rule: Please contact members of House Judiciary, and urge this committee to RESTORE ORIGINAL LANGUAGE passed by the Rule Committee on Water Quality Standards. The bill (and the fate of) water quality in West Virginia is now in the hands of House Judiciary – after being gutted in Senate Natural Resources, and Senate Judiciary declining to restore the proposed standards. The rule has now been “bundled” with all the rest of the DEP rules and sent to the House, where restoring DEP’s proposed revisions will be opposed by the same industry lobbyists who succeeded in gutting it in the Senate. Senate Natural Resources Committee approved amendments to remove “excessive water withdrawals” from the rule’s list of activities not allowed in state waters; to remove a new standard for phosphorous to prevent algae blooms in the Greenbrier River; and to remove a new standard for “total dissolved solids” (TDS), which would have provided cleaner drinking water for most West Virginians. Please contact House Judiciary members: Ask them to protect West Virginia’s water. Restore the original language passed by the Rules Committee on Water Quality Standards. Tim Miley, Chair: (304) 340-3252 tim.miley(a)wvhouse.gov Mark Hunt, Vice Chair: (304) 340-3392 mhunt(a)markahunt.com John Ellem: (304) 340-3394 ellem(a)wirefire.com Patrick Lane: (304) 340-3275 patricklane(a)wvhouse.gov Larry Barker: (304) 340-3149 larry.barker(a)wvhouse.gov Bonnie Brown: (304) 340-3106 bonnie.brown(a)wvhouse.gov Mike Caputo: (304) 340-3249 mike.caputo(a)wvhouse.gov Michael Ferrro: (304) 340-3111 mike.ferro(a)wvhouse.gov Barbara Fleischauer: (304) 340-3169 barbaraf(a)wvhouse.gov John Frazier: (304) 340-3396 jfrazier(a)mail.wvnet.edu Linda Longstreth: (304) 340-3124 linda.longstreth(a)wvhouse.gov Mike Manypenny: (304) 340-3139 mike.manypenny(a)wvhouse.gov Harold Michael: (304) 340-3340 harold(a)hardynet.com Clif Moore: (304) 340-3189 clif.moore(a)wvhouse.gov John Pino: (304) 340-3170 john.pino(a)wvhouse.gov Meshea Poore: (304) 340-3248 meshea.poore(a)wvhouse.gov Doug Skaff: (304) 340-3362 doug.skaff(a)wvhouse.gov Danny Wells: (304) 340-3287 danny.wells(a)wvhouse.gov Troy Andes: (304) 340-3121 troy.andes(a)wvhouse.gov Bill Hamilton: (304) 340-3167 bill.Hamilton(a)wvhouse.gov Woody Ireland: (304) 340-3195 woody.Ireland(a)wvhouse.gov Carol Miller: (304) 340-3176 carol.miller(a)wvhouse.gov Jonathan Miller: (304) 340-3147 jonathan(a)delegatejmiller.com John Overington: (304) 340-3148 john(a)overington.com Kelli Sobonya: (304) 340-3175 kelli.sobonya(a)wvhouse.gov

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Regulation Lax for Marcellus Gas Wells
by Duane330＠aol.com 28 Feb '11

28 Feb '11

Regulation Is Lax for Water From Gas Wells Pittsburgh Post-Gazette, Sunday, February 27, 2011 By IAN URBINA, The New York Times The American landscape is dotted with hundreds of thousands of new wells and drilling rigs, as the country scrambles to tap into this century's gold rush -- for natural gas. The gas has always been there, of course, trapped deep underground in countless tiny bubbles, like frozen spills of seltzer water between thin layers of shale rock. But drilling companies have only in recent years developed techniques to unlock the enormous reserves, thought to be enough to supply the country with gas for heating buildings, generating electricity and powering vehicles for up to a hundred years. So energy companies are clamoring to drill. And they are getting rare support from their usual sparring partners. Environmentalists say using natural gas will help slow climate change because it burns more cleanly than coal and oil. Lawmakers hail the gas as a source of jobs. They also see it as a way to wean the United States from its dependency on other countries for oil. But the relatively new drilling method -- known as high-volume horizontal hydraulic fracturing, or hydrofracking -- carries significant environmental risks. It involves injecting huge amounts of water, mixed with sand and chemicals, at high pressures to break up rock formations and release the gas. With hydrofracking, a well can produce over a million gallons of wastewater that is often laced with highly corrosive salts, carcinogens like benzene and radioactive elements like radium, all of which can occur naturally thousands of feet underground. Other carcinogenic materials can be added to the wastewater by the chemicals used in the hydrofracking itself. While the existence of the toxic wastes has been reported, thousands of internal documents obtained by The New York Times from the Environmental Protection Agency, state regulators and drillers show that the dangers to the environment and health are greater than previously understood. The documents reveal that the wastewater, which is sometimes hauled to sewage plants not designed to treat it and then discharged into rivers that supply drinking water, contains radioactivity at levels higher than previously known, and far higher than the level that federal regulators say is safe for these treatment plants to handle. Other documents and interviews show that many E.P.A. scientists are alarmed, warning that the drilling waste is a threat to drinking water in Pennsylvania. Their concern is based partly on a 2009 study, never made public, written by an E.P.A. consultant who concluded that some sewage treatment plants were incapable of removing certain drilling waste contaminants and were probably violating the law. The Times also found never-reported studies by the E.P.A. and a confidential study by the drilling industry that all concluded that radioactivity in drilling waste cannot be fully diluted in rivers and other waterways. But the E.P.A. has not intervened. In fact, federal and state regulators are allowing most sewage treatment plants that accept drilling waste not to test for radioactivity. And most drinking-water intake plants downstream from those sewage treatment plants in Pennsylvania, with the blessing of regulators, have not tested for radioactivity since before 2006, even though the drilling boom began in 2008. In other words, there is no way of guaranteeing that the drinking water taken in by all these plants is safe. That has experts worried. "We're burning the furniture to heat the house," said John H. Quigley, who left last month as secretary of Pennsylvania's Department of Conservation and Natural Resources. "In shifting away from coal and toward natural gas, we're trying for cleaner air, but we're producing massive amounts of toxic wastewater with salts and naturally occurring radioactive materials, and it's not clear we have a plan for properly handling this waste." The risks are particularly severe in Pennsylvania, which has seen a sharp increase in drilling, with roughly 71,000 active gas wells, up from about 36,000 in 2000. The level of radioactivity in the wastewater has sometimes been hundreds or even thousands of times the maximum allowed by the federal standard for drinking water. While people clearly do not drink drilling wastewater, the reason to use the drinking-water standard for comparison is that there is no comprehensive federal standard for what constitutes safe levels of radioactivity in drilling wastewater. Drillers trucked at least half of this waste to public sewage treatment plants in Pennsylvania in 2008 and 2009, according to state officials. Some of it has been sent to other states, including New York and West Virginia. Yet sewage treatment plant operators say they are far less capable of removing radioactive contaminants than most other toxic substances. Indeed, most of these facilities cannot remove enough of the radioactive material to meet federal drinking-water standards before discharging the wastewater into rivers, sometimes just miles upstream from drinking-water intake plants. In Pennsylvania, these treatment plants discharged waste into some of the state's major river basins. Greater amounts of the wastewater went to the Monongahela River, which provides drinking water to more than 800,000 people in the western part of the state, including Pittsburgh, and to the Susquehanna River, which feeds into Chesapeake Bay and provides drinking water to more than six million people, including some in Harrisburg and Baltimore. Lower amounts have been discharged into the Delaware River, which provides drinking water for more than 15 million people in Philadelphia and eastern Pennsylvania. In New York, the wastewater was sent to two plants that discharge into Southern Cayuga Lake, near Ithaca, and Owasco Outlet, near Auburn. In West Virginia, a plant in Wheeling discharged gas-drilling wastewater into the Ohio River. "Hydrofracking impacts associated with health problems as well as widespread air and water contamination have been reported in at least a dozen states," said Walter Hang, president of Toxics Targeting, a business in Ithaca, N.Y., that compiles data on gas drilling. Problems in Other Regions While Pennsylvania is an extreme case, the risks posed by hydrofracking extend across the country. There were more than 493,000 active natural-gas wells in the United States in 2009, almost double the number in 1990. Around 90 percent have used hydrofracking to get more gas flowing, according to the drilling industry. Gas has seeped into underground drinking-water supplies in at least five states, including Colorado, Ohio, Pennsylvania, Texas and West Virginia, and residents blamed natural-gas drilling. Air pollution caused by natural-gas drilling is a growing threat, too. Wyoming, for example, failed in 2009 to meet federal standards for air quality for the first time in its history partly because of the fumes containing benzene and toluene from roughly 27,000 wells, the vast majority drilled in the past five years. In a sparsely populated Sublette County in Wyoming, which has some of the highest concentrations of wells, vapors reacting to sunlight have contributed to levels of ozone higher than those recorded in Houston and Los Angeles. Industry officials say any dangerous waste from the wells is handled in compliance with state and federal laws, adding that drilling companies are recycling more wastewater now. They also say that hydrofracking is well regulated by the states and that it has been used safely for decades. But hydrofracking technology has become more powerful and more widely used in recent years, producing far more wastewater. Some of the problems with this drilling, including its environmental impact and the challenge of disposing of waste, have been documented by ProPublica, The Associated Press and other news organizations. And recent incidents underscore the dangers. In late 2008, drilling and coal-mine waste released during a drought so overwhelmed the Monongahela that local officials advised people in the Pittsburgh area to drink bottled water. E.P.A. officials described the incident in an internal memorandum as "one of the largest failures in U.S. history to supply clean drinking water to the public." In Texas, which now has about 93,000 natural-gas wells, up from around 58,000 a dozen years ago, a hospital system in six counties with some of the heaviest drilling said in 2010 that it found a 25 percent asthma rate for young children, more than three times the state rate of about 7 percent. "It's ruining us," said Kelly Gant, whose 14-year-old daughter and 11-year-old son have experienced severe asthma attacks, dizzy spells and headaches since a compressor station and a gas well were set up about two years ago near her house in Bartonville, Tex. The industry and state regulators have said it is not clear what role the gas industry has played in causing such problems, since the area has had high air pollution for a while. "I'm not an activist, an alarmist, a Democrat, environmentalist or anything like that," Ms. Gant said. "I'm just a person who isn't able to manage the health of my family because of all this drilling." And yet, for all its problems, natural gas offers some clear environmental advantages over coal, which is used more than any other fuel to generate electricity in the United States. Coal-fired power plants without updated equipment to capture pollutants are a major source of radioactive pollution. Coal mines annually produce millions of tons of toxic waste. But the hazards associated with natural-gas production and drilling are far less understood than those associated with other fossil fuels, and the regulations have not kept pace with the natural-gas industry's expansion. Pennsylvania, Ground Zero Pennsylvania, which sits atop an enormous reserve called the Marcellus Shale, has been called the Saudi Arabia of natural gas. This rock formation, roughly the size of Greece, lies more than a mile beneath the Appalachian landscape, from Virginia to the southern half of New York. It is believed to hold enough gas to supply the country's energy needs for heat and electricity, at current consumption rates, for more than 15 years. Drilling companies were issued roughly 3,300 Marcellus gas-well permits in Pennsylvania last year, up from just 117 in 2007. This has brought thousands of jobs, five-figure windfalls for residents who lease their land to the drillers and revenue for a state that has struggled with budget deficits. It has also transformed the landscape of southwestern Pennsylvania and brought heavy burdens. Drilling derricks tower over barns, lining rural roads like feed silos. Drilling sites bustle around the clock with workers, some in yellow hazardous material suits, and 18-wheelers haul equipment, water and waste along back roads. The rigs announce their presence with the occasional boom and quiver of underground explosions. Smelling like raw sewage mixed with gasoline, drilling-waste pits, some as large as a football field, sit close to homes. Anywhere from 10 percent to 40 percent of the water sent down the well during hydrofracking returns to the surface, carrying drilling chemicals, very high levels of salts and, at times, naturally occurring radioactive material. While most states require drillers to dispose of this water in underground storage wells below impermeable rock layers, Pennsylvania has few such wells. It is the only state that has allowed drillers to discharge much of their waste through sewage treatment plants into rivers. Regulators have theorized that passing drilling waste through the plants is safe because most toxic material will settle during the treatment process into a sludge that can be trucked to a landfill, and whatever toxic material remains in the wastewater will be diluted when mixed into rivers. But some plants were taking such large amounts of waste with high salt levels in 2008 that downstream utilities started complaining that the river water was eating away at their machines. Regulators and drilling companies have said that these cases, and others, were isolated. "The wastewater treatment plants are effective at what they're designed to do -- remove material from wastewater," said Jamie Legenos, a spokeswoman for the Pennsylvania Department of Environmental Protection, adding that the radioactive material and the salts were being properly handled. Overwhelmed, Underprepared For proof that radioactive elements in drilling waste are not a concern, industry spokesmen and regulators often point to the results of wastewater tests from a 2009 draft report conducted by New York State and a 1995 report by Pennsylvania that found that radioactivity in drilling waste was not a threat. These two reports were based on samples from roughly 13 gas wells in New York and 29 in Pennsylvania. But a review by The Times of more than 30,000 pages of federal, state and company records relating to more than 200 gas wells in Pennsylvania, 40 in West Virginia and 20 public and private wastewater treatment plants offers a fuller picture of the wastewater such wells produce and the threat it poses. Most of the information was drawn from drilling reports from the last three years, obtained by visiting regional offices throughout Pennsylvania, and from documents or databases provided by state and federal regulators in response to records requests. Among The Times's findings: ¶More than 1.3 billion gallons of wastewater was produced by Pennsylvania wells over the past three years, far more than has been previously disclosed. Most of this water -- enough to cover Manhattan in three inches -- was sent to treatment plants not equipped to remove many of the toxic materials in drilling waste. ¶At least 12 sewage treatment plants in three states accepted gas industry wastewater and discharged waste that was only partly treated into rivers, lakes and streams. ¶Of more than 179 wells producing wastewater with high levels of radiation, at least 116 reported levels of radium or other radioactive materials 100 times as high as the levels set by federal drinking-water standards. At least 15 wells produced wastewater carrying more than 1,000 times the amount of radioactive elements considered acceptable. Results came from field surveys conducted by state and federal regulators, year-end reports filed by drilling companies and state-ordered tests of some public treatment plants. Most of the tests measured drilling wastewater for radium or for "gross alpha" radiation, which typically comes from radium, uranium and other elements. Industry officials say they are not concerned. "These low levels of radioactivity pose no threat to the public or worker safety and are more a public perception issue than a real health threat," said James E. Grey, chief operating officer of Triana Energy. In interviews, industry trade groups like the Marcellus Shale Coalition and Energy in Depth, as well as representatives from energy companies like Shell and Chesapeake Energy, said they were producing far less wastewater because they were recycling much of it rather than disposing of it after each job. But even with recycling, the amount of wastewater produced in Pennsylvania is expected to increase because, according to industry projections, more than 50,000 new wells are likely to be drilled over the next two decades. The radioactivity in the wastewater is not necessarily dangerous to people who are near it. It can be blocked by thin barriers, including skin, so exposure is generally harmless. Rather, E.P.A. and industry researchers say, the bigger danger of radioactive wastewater is its potential to contaminate drinking water or enter the food chain through fish or farming. Once radium enters a person's body, by eating, drinking or breathing, it can cause cancer and other health problems, many federal studies show. Little Testing for Radioactivity Under federal law, testing for radioactivity in drinking water is required only at drinking-water plants. But federal and state regulators have given nearly all drinking-water intake facilities in Pennsylvania permission to test only once every six or nine years. The Times reviewed data from more than 65 intake plants downstream from some of the busiest drilling regions in the state. Not one has tested for radioactivity since 2008, and most have not tested since at least 2005, before most of the drilling waste was being produced. And in 2009 and 2010, public sewage treatment plants directly upstream from some of these drinking-water intake facilities accepted wastewater that contained radioactivity levels as high as 2,122 times the drinking-water standard. But most sewage plants are not required to monitor for radioactive elements in the water they discharge. So there is virtually no data on such contaminants as water leaves these plants. Regulators and gas producers have repeatedly said that the waste is not a threat because it is so diluted in rivers or by treatment plants. But industry and federal research cast doubt on those statements. A confidential industry study from 1990, conducted for the American Petroleum Institute, concluded that "using conservative assumptions," radium in drilling wastewater dumped off the Louisiana coast posed "potentially significant risks" of cancer for people who eat fish from those waters regularly. The industry study focused on drilling industry wastewater being dumped into the Gulf of Mexico, where it would be far more diluted than in rivers. It also used estimates of radium levels far below those found in Pennsylvania's drilling waste, according to the study's lead author, Anne F. Meinhold, an environmental risk expert now at NASA. Other federal, state and academic studies have also found dilution problems with radioactive drilling waste. In December 2009, these very risks led E.P.A. scientists to advise in a letter to New York that sewage treatment plants not accept drilling waste with radium levels 12 or more times as high as the drinking-water standard. The Times found wastewater containing radium levels that were hundreds of times this standard. The scientists also said that the plants should never discharge radioactive contaminants at levels higher than the drinking-water standard. In 2009, E.P.A. scientists studied the matter and also determined that certain Pennsylvania rivers were ineffective at sufficiently diluting the radium-laced drilling wastewater being discharged into them. Asked about the studies, Pennsylvania regulators said they were not aware of them. "Concerned? I'm always concerned," said Dave Allard, director of the Bureau of Radiation Protection. But he added that the threat of this waste is reduced because "the dilutions are so huge going through those treatment plants." Three months after The Times began asking questions about radioactive and other toxic material being discharged into specific rivers, state regulators placed monitors for radioactivity near where drilling waste is discharged. Data will not be available until next month, state officials said. But the monitor in the Monongahela is placed upstream from the two public sewage treatment plants that the state says are still discharging large amounts of drilling waste into the river, leaving the discharges from these plants unchecked and Pittsburgh exposed. Plant Operators in the Dark In interviews, five treatment plant operators said they did not believe that the drilling wastewater posed risks to the public. Several also said they were not sure of the waste's contents because the limited information drillers provide usually goes to state officials. "We count on state regulators to make sure that that's properly done," said Paul McCurdy, environmental specialist at Ridgway Borough's public sewage treatment plant, in Elk County, Pa., in the northwest part of the state. Mr. McCurdy, whose plant discharges into the Clarion River, which flows into the Ohio and Mississippi Rivers, said his plant was taking about 20,000 gallons of drilling waste per day. Like most of the sewage treatment plant operators interviewed, Mr. McCurdy said his plant was not equipped to remove radioactive material and was not required to test for it. Documents filed by drillers with the state, though, show that in 2009 his facility was sent water from wells whose wastewater was laced with radium at 275 times the drinking-water standard and with other types of radiation at more than 780 times the standard. Part of the problem is that industry has outpaced regulators. "We simply can't keep up," said one inspector with the Pennsylvania Department of Environmental Protection who was not authorized to speak to reporters. "There's just too much of the waste." "If we're too hard on them," the inspector added, "the companies might just stop reporting their mistakes." Recently, Pennsylvania has tried to increase its oversight, doubling the number of regulators, improving well-design requirements and sharply decreasing how much drilling waste many treatment plants can accept or release. The state is considering whether to require treatment plants to begin monitoring for radioactivity in wastewater. Even so, as of last November, 31 inspectors were keeping tabs on more than 125,000 oil and gas wells. The new regulations also allowed at least 18 plants to continue accepting the higher amounts set by their original permits. Furthermore, environmental researchers from the University of Pittsburgh tested wastewater late last year that had been discharged by two treatment plants. They say these tests will show, when the results are publicly released in March, that salt levels were far above the legal limit. Lax Oversight Drilling contamination is entering the environment in Pennsylvania through spills, too. In the past three years, at least 16 wells whose records showed high levels of radioactivity in their wastewater also reported spills, leaks or failures of pits where hydrofracking fluid or waste is stored, according to state records. Gas producers are generally left to police themselves when it comes to spills. In Pennsylvania, regulators do not perform unannounced inspections to check for signs of spills. Gas producers report their own spills, write their own spill response plans and lead their own cleanup efforts. A review of response plans for drilling projects at four Pennsylvania sites where there have been accidents in the past year found that these state-approved plans often appear to be in violation of the law. At one well site where several spills occurred within a week, including one that flowed into a creek, the well's operator filed a revised spill plan saying there was little chance that waste would ever enter a waterway. "There are business pressures" on companies to "cut corners," John Hanger, who stepped down as secretary of the Pennsylvania Department of Environmental Protection in January, has said. "It's cheaper to dump wastewater than to treat it." Records back up that assertion. >From October 2008 through October 2010, regulators were more than twice as likely to issue a written warning than to levy a fine for environmental and safety violations, according to state data. During this period, 15 companies were fined for drilling-related violations in 2008 and 2009, and the companies paid an average of about $44,000 each year, according to state data. This average was less than half of what some of the companies earned in profits in a day and a tiny fraction of the more than $2 million that some of them paid annually to haul and treat the waste. And prospects for drillers in Pennsylvania are looking brighter. In December, the Republican governor-elect, Tom Corbett, who during his campaign took more gas industry contributions than all his competitors combined, said he would reopen state land to new drilling, reversing a decision made by his predecessor, Edward G. Rendell. The change clears the way for as many as 10,000 wells on public land, up from about 25 active wells today. In arguing against a proposed gas-extraction tax on the industry, Mr. Corbett said regulation of the industry had been too aggressive. "I will direct the Department of Environmental Protection to serve as a partner with Pennsylvania businesses, communities and local governments," Mr. Corbett says on his Web site. "It should return to its core mission protecting the environment based on sound science." This article originally appeared in _The New York Times_ (http://www.nytimes.com/2011/02/27/us/27gas.html) . Read more: _http://www.post-gazette.com/pg/11058/1128474-84.stm#ixzz1FGdxajpI_ (http://www.post-gazette.com/pg/11058/1128474-84.stm#ixzz1FGdxajpI)

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Cheat Watershed improvement plan approved by EPA
by Duane 22 Feb '11

22 Feb '11

> From: <dep.online(a)wv.gov> > Date: February 22, 2011 9:56:37 AM EST > Subject: DEP News - Cheat Watershed improvement plan approved by EPA > > ============================================================ > Tuesday, February 22, 2011 @ 9:56 AM > ============================================================ > > West Virginia Department of Environmental Protection water > quality improvement plans for selected waters in the Cheat > Watershed have been approved by the U.S. Environmental > Protection Agency. > Section 303(d) of the federal Clean Water Act requires > states to identify waters that are not meeting water > quality standards and develop total maximum daily loads, or > TMDLs, for those waters. A TMDL is a calculation of the > maximum amount of a pollutant that can be deposited into a > waterbody and still allow the waterbody to meet water > quality standards. > > The pollutants of concern include total iron, dissolved > aluminum, pH, and fecal coliform bacteria. In addition, > some streams have also been identified as having > impairments to biological integrity. The Department of > Environmental Protection began this TMDL development > project in January 2006. > > Approved TMDL documents may be viewed at www.dep.wv.gov. > CDs for the Cheat Watershed may be requested by e-mail to > Stephen.A.Young(a)wv.gov, or by U.S. mail to West Virginia > DEP, Attn: Steve Young, TMDL, 601 57th Street, S.E., > Charleston, WV 25304. The CDs include a technical report > and an interactive ArcExplorer Project that are not > available on the website. > > > ============================================================ > >

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Re: [CLEAR] [EC] Fwd: URGENT: House vote could end coal ash safeguards TODAY - call your Congressional member
by fmoose39＠hotmail.com 15 Feb '11

15 Feb '11

Would it help to show a msds report on coal ash osha believes it is hazardous. sent from my AT&T Smartphone by HTC ----- Reply message ----- From: "Jim Sconyers" <jim_scon(a)yahoo.com> Date: Tue, Feb 15, 2011 2:01 pm Subject: [EC] Fwd: URGENT: House vote could end coal ash safeguards TODAY - call your Congressional member To: "James Kotcon" <jkotcon(a)wvu.edu>, <CLEAR(a)cheat.org>, <pbmjwood(a)gmail.com>, <ec(a)osenergy.org> What I didn't know - not only did Stearns of FL put in this amendment - our very own District 1 Congressman McKinley did the same, inserting an amendment of his own to prevent any designation of coal ash as toxic or hazardous. In my view this is an egregious insult to the people of his district - where leaking ash dumps, feared groundwater pollution from ash, and more are already real. I have a call in with his scheduler to see when we can meet with him here in the district. Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last. ________________________________ From: James Kotcon <jkotcon(a)wvu.edu> To: CLEAR(a)cheat.org; pbmjwood(a)gmail.com; ec(a)osenergy.org Sent: Tue, February 15, 2011 1:34:58 PM Subject: [EC] Fwd: URGENT: House vote could end coal ash safeguards TODAY - call your Congressional member Please forward widely. I sent my e-mail, please send yours today. Jim Kotcon >>> Lisa Graves-Marcucci <lgmarcucci(a)environmentalintegrity.org> 2/15/2011 1:11 PM >>>>>> Please Excuse Duplications Please Distribute Widely Dear Friend, Unfortunately, Rep. Stearns of Florida has inserted the following amendment into a House appropriations bill - currently on the House floor and likely for vote today or tomorrow. It would withhold funding from US EPA to regulate coal combustion waste as hazardous, putting many Americans' health at risk. Please urge everyone to call their member of Congress today and ask them to: *1. Vote against this egregious amendment * *2. Let** the US EPA protect public health - without interference from special interests and Congress* * * *Locate your member of Congress using the link below - just insert your zip code* *http://www.contactingthecongress.org/* AMENDMENT H.R. 1 OFFERED BY.:MR. STEARNS of FLORIDA At the end of the bill (before the short title), insert the following:

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Fwd: URGENT: House vote could end coal ash safeguards TODAY - call your Congressional member
by James Kotcon 15 Feb '11

15 Feb '11

Please forward widely. I sent my e-mail, please send yours today. Jim Kotcon >>> Lisa Graves-Marcucci <lgmarcucci(a)environmentalintegrity.org> 2/15/2011 1:11 PM >>> Please Excuse Duplications Please Distribute Widely Dear Friend, Unfortunately, Rep. Stearns of Florida has inserted the following amendment into a House appropriations bill - currently on the House floor and likely for vote today or tomorrow. It would withhold funding from US EPA to regulate coal combustion waste as hazardous, putting many Americans' health at risk. Please urge everyone to call their member of Congress today and ask them to: *1. Vote against this egregious amendment * *2. Let** the US EPA protect public health - without interference from special interests and Congress* * * *Locate your member of Congress using the link below - just insert your zip code* *http://www.contactingthecongress.org/* AMENDMENT H.R. 1 OFFERED BY.:MR. STEARNS of FLORIDA At the end of the bill (before the short title), insert the following: 1 SEC. . None of the funds made available by this 2 Act may be used to regulate or classify coal combustion 3 residuals as a hazardous waste or material. *After all our hard work, it would be tragic to have public health protections derailed by an appropriations amendment. Please make these important calls today.* Many thanks, Lisa Graves Marcucci Sam Flenner -- * Lisa Graves Marcucci Environmental Integrity Project PA Coordinator, Community Outreach lgmarcucci(a)environmentalintegrity.org 412-897-0569 (cell) * -- Samuel E. Flenner III Outreach Coodinator Environmental Integrity Project www.environmentalintegrity.org samf.environmentalintegrity(a)gmail.com 317.352.2339 c-317.850.0436

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EPA regulation for toxic chemicals; COMPACT meets Wednesday
by Duane330＠aol.com 14 Feb '11

14 Feb '11

EPA TO REGULATE PERCHLORATE AND 16 OTHER TOXIC CHEMICALS TO PROTECT DRINKING WATER EPA announced that based on new scientific evidence, the agency will regulate perchlorate to reduce its prevalence in the nation’s water and to protect human health. In a separate action, the agency is also seeking to establish a new drinking water strategy to address as a group up to 16 toxic chemicals (volatile organic compounds) to protect public health and well being. For more information, go to _http://water.epa.gov/drink/contaminants/unregulated/perchlorate.cfm_ (http://water.epa.gov/drink/contaminants/unregulated/perchlorate.cfm) Visit the drinking water strategy at _http://water.epa.gov/lawsregs/rulesregs/sdwa/dwstrategy/index.cfm_ (http://water.epa.gov/lawsregs/rulesregs/sdwa/dwstrategy/index.cfm) >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> NOTE: The Sixth Meeting of the WV/PA Monongahela Area Watersheds Compact is set for the Morgantown Airport Annex at 1 pm this Wednesday, February 16th. A two hour agenda is planned. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> WV/PA MONONGAHELA AREA WATERSHEDS COMPACT POSITION STATEMENTS ADOPTED JANUARY 5, 2011 1. LEGISLATION IS NEEDED. As participants of the WV/PA Monongahela Area Watersheds Compact, we recognize the urgent need for State-wide legislation to limit the negative impacts of Marcellus Shale natural gas development in West Virginia and Pennsylvania. 2. WATERSHED CRISIS EXISTS. The Monongahela River watershed and other watersheds in West Virginia and Pennsylvania are in a long-term crisis condition as a result of increasing levels of total dissolved solids and other effluents. Some of these streams have already been recognized as “impaired” and in need of comprehensive protection plans. The WV/PA Monongahela Area Watersheds Compact herewith requests that all the citizens of these States participate with us in contacting our Governor(s), our Legislators, and the various agencies of government to enact needed legislation, establish needed regulations and enforce the laws to conserve and protect our drinking water, our agricultural water, our industrial water, our aquatic life, as well as our recreational and commercial waterways. 3. THREAT DUE TO MARCELLUS BOOM. The current “boom” in natural gas development in West Virginia and Pennsylvania is a tremendous economic benefit to our States. This “boom” can and should provide the financial resources to maintain and protect the public roads, the public and private lands, the waterways and the atmosphere throughout the States. The public health is at risk in some areas as are the drilling team workers and the supporting work force personnel. We call upon state and federal governmental bodies to address these problems. In addition to legislation and regulations, an adequate number of inspectors and enforcement staff must be assigned to these problems as soon as it is possible to do so. 4. HIRE LOCAL WORKERS. The drilling, transportation and processing of Marcellus Shale gas in West Virginia and Pennsylvania will require the investment of billions of dollars and result in billions of dollars worth of gas being produced while generating thousands of jobs in both States. In order to ensure that the process is accomplished in an environmentally sound and safe manner that benefits the people and the economies of both WV and PA, the WV/PA Monongahela Area Watersheds Compact herewith endorses and promotes the hiring of fully-trained local workers with competitive wages and full benefits for work in Marcellus related projects. The Compact further supports apprenticeship and training programs for workers and contractors and for programs to ensure the health and safety of the workers involved. NOTE: Five public meetings have been organized and conducted in Morgantown by the representatives of some 47 watershed and conservation groups in cooperation with the Upper Monongahela River Association. Contacts: Barry G. Pallay, Co-Chair (_bpallay(a)comcast.net_ (mailto:bpallay@comcast.net) ) or Duane G. Nichols, Co-Chair (_duane330(a)aol.com_ (mailto:duane330@aol.com) ), 330 Dream Catcher Circle, Morgantown, WV 26508. Telephone: 304-216-5535. See also: _www.uppermon.org_ (http://www.uppermon.org/) , _www.wcag-wv.org_ (http://www.wcag-wv.org/) , _www.frackcheckwv.net_ (http://www.frackcheckwv.net/) , _www.wvsoro.org_ (http://www.wvsoro.org) >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> Have you contacted your legislators, your Governor, your Senate and House Members, the WV-DEP, the US-EPA, the Office of the President? We had a disaster on 38 miles of Dunkard Creek, we have a watershed wide crisis with TDS in the Monongahela River watershed, we have mini-crisis situations at each drill pad and local stream where Marcellus well fracking is taking place; and, these Marcellus activities are projected to increase greatly in the years ahead. Duane Nichols, 330 Dream Catcher Circle, Morgantown, WV 26508.

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Fwd: Power Plant Pollution strategy meeting February 12
by James Kotcon 08 Feb '11

08 Feb '11

The WV Chapter of Sierra Club recently filed a Notice of Intent to sue Allegheny Energy over pollution discharges from their Albright power plant. The initial issue deals with water pollution violations from their coal ash impoundments, resulting in excessive discharges of arsenic into tributaries of the Cheat River. While a few of us have been discussing this quietly for a couple weeks, now that the NOI is public, we want to expand our interest group, and identify what issues and opportunities could be obtained to improve our air and water. Coal ash activists will recognize this as another ash impoundment in our back yards. We are also collecting data on mercury emissions. There are issues related to new fine particulate and toxics emissions rules. Oh, and did we mention global warming, and more. This region is home to one of the largest concentrations of Sierra Club members in West Virginia. The meeting Saturday is intended to set goals and start planning for what will almost certainly be major issues in the next year or two regarding Albright. The Albright Power plant is one of the oldest and dirtiest in the Allegheny Energy fleet. No scrubbers, limited emissions controls, etc. Yet Allegheny is proposing to use this plant to meet its requirements for "Renewable and Alternative Energy" under former Governor Manchin's Alternative and Renewable energy standard. But retrofitting this plant would be enormously expensive, and the most fiscally sound option for ratepayers may well be to shut it down and invest in energy efficiency instead. At a minimum, we want Allegheny to clean up their arsenic discharges to the Cheat. But that is not likely to be the last issue for this old plant. Please plan to join us if you are in the region Saturday. If so, bring a friend. If not, please suggest names of others who might want to get involved. Jim Kotcon 304-293-8822 (office) 304-594-3322 (home) >>> Sally Wilts <sallywilts(a)yahoo.com> 2/6/2011 10:55 AM >>> WV Chapter of Sierra Club will hold a strategy meeting about our campaign on pollution from Albright Power Station on Saturday February 12 at 1 pm. We have reserved a room in the basement of the Morgantown Public Library (no food or drinks allowed). The library is located on Spruce Street with parking across the street. We apologize for the short notice. Jim Sconyers and Jim Kotcon will be coming loaded with information.

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Information on Marcellus Gas Development
by Duane330＠aol.com 07 Jan '11

07 Jan '11

Urge Lawmakers to Pass Marcellus Shale Drilling Bill Out of Subcommittee Last month, the Joint Legislative Interim Judiciary Subcommittee A took no action on a draft bill establishing a new regulatory program for gas wells utilizing horizontal drilling and hydraulic fracturing, because of the lack of a quorum. The subcommittee is slated to discuss this important bill this Monday January 10th at the last Interim committee meeting prior to the beginning of the regular Legislative Session on Wednesday January 12th. A preliminary reading of this draft legislation shows that it contains some good things and some not-so-good things, and unfortunately omits some needed controls altogether. Getting this bill out of the subcommittee is an important start, so that the full legislature will have a comprehensive draft bill to consider when they convene on January 12th. Please contact the members of Interim Judiciary Subcommittee A before they meet this Monday and urge them to pass this comprehensive draft legislation out of subcommittee and on to the full legislature for further consideration. It is imperative that a bill is passed as soon as possible outlining the details of gas drilling regulation due to the negative impacts of Marcellus shale fracturing. Urge them to attend and educate themselves on an issue that can’t wait—we are observing harmful pollution enter our surface water and air in addition to flagrant dredge and fill practices like those seen in Wetzel County (Check out _http://www.wetzelchronicle.com/page/content.detail/id/503953/Chesapeake-Fa… (http://www.wetzelchronicle.com/page/content.detail/id/503953/Chesapeake-Fac… -Of-Fines.html) ). Below is a list of Judiciary A Subcommittee members and their contact information. If you have friends or family that live within their districts please urge them to contact them as well. They will be home and much more accessible this week before the Interim session starts this coming Sunday, January 9th. You can also try to contact and leave messages for members at the Capitol using the Toll Free phone number: 1-877-565-3447. If you have any questions, please email Amanda Pitzer, Executive Director for Friends of the Cheat: _amanda(a)cheat.org_ (mailto:amanda@cheat.org) , or Duane Nichols, Co-Chair, WV/PA Monongahela Area Watersheds Compact. Thanks for your help! >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> Judiciary A Subcommittee Senate Members Senator Herb Snyder - Chair (D - Jefferson) District 16 Capitol Phone: (304) 357-7957 Home Phone: (304)725-4529 E-mail: _herb.snyder(a)wvsenate.gov_ (mailto:herb.snyder@wvsenate.gov) Capitol Address: Room 217W, Building 1, State Capitol Complex, Charleston, WV 25305 Senator Clark S. Barnes (R - Randolph) District 15 Capitol Phone: (304) 357-7973 Home Phone: not available; residence is Rt. 2, Box 12-C, Beverly, WV 26253 E-mail: _clark.barnes(a)wvsenate.gov_ (mailto:clark.barnes@wvsenate.gov) Capitol Address: Room 203W, Building 1, State Capitol Complex, Charleston, WV 25305 Senator Richard Browning (D - Wyoming) District 9 Capitol Phone: (304) 357-7807 Home Phone: (304) 682-4643 E-mail: _richardbrowning(a)verizon.net_ (mailto:richardbrowning@verizon.net) Capitol Address: Room 204W, Building 1, State Capitol Complex, Charleston, WV 25305 Senator Frank Deem (R - Wood) District 3 Capitol Phone: (304) 357-7970 Home Phone: (304) 295-6593 E-mail: _fdeem(a)mail.wvnet.edu_ (mailto:fdeem@mail.wvnet.edu) Capitol Address: Room 217W, Building 1, State Capitol Complex, Charleston, WV 25305 Senator Dan Foster (D - Kanawha) District 17 Capitol Phone: (304) 357-7866 Home Phone: (304) 344-1060 E-mail: _daniel.foster(a)camc.org_ (mailto:daniel.foster@camc.org) Capitol Address: Room 223W, Building 1, State Capitol Complex, Charleston, WV 25305 Senator Mike Hall (R - Putnam) District 4 Capitol Phone: (304) 357-7901 Home Phone: (304) 757-8249 E-mail: _delegate200(a)hotmail.com_ (mailto:delegate200@hotmail.com) Capitol Address: Room 245M, Building 1, State Capitol Complex, Charleston, WV 25305 Senator William R. Laird IV (D - Fayette) District 11 Capitol Phone: (304) 357-7849 Home Phone: (304) 469-8055 E-mail: _william.laird(a)wvsenate.gov_ (mailto:william.laird@wvsenate.gov) Capitol Address: Room 229W, Building 1, State Capitol Complex, Charleston, WV 25305 Senator Joseph M. Minard (D - Harrison) District 12 Capitol Phone: (304) 357-7904 Home Phone: (304) 622-6488 E-mail: _joe.minard(a)wvsenate.gov_ (mailto:joe.minard@wvsenate.gov) Capitol Address: Room 206W, Building 1, State Capitol Complex, Charleston, WV 25305 Senator Ron Stollings (D - Boone) District 7 Capitol Phone: (304) 357-7939 Home Phone: (304) 369-6194 E-mail: _ron.stollings(a)verizon.net_ (mailto:ron.stollings@verizon.net) Capitol Address: Room 229W, Building 1, State Capitol Complex, Charleston, WV 25305 Senator Jack Yost (D - Brooke) District 1 Capitol Phone: (304) 357-7984 Home Phone: (304) 737-2720 E-mail: _jack.yost(a)wvsenate.gov_ (mailto:jack.yost@wvsenate.gov) Capitol Address: Room 213W, Building 1, State Capitol Complex, Charleston, WV 25305 Senator Jeffrey V. Kessler (D - Marshall) District 2 (Senate Judiciary Chairman, Ex Officio member of Subcommittee A) Capitol Phone: (304) 357-7880 Home Phone: (304) 843-1386 E-mail: _jeff.kessler(a)wvsenate.gov_ (mailto:jeff.kessler@wvsenate.gov) Capitol Address: Room 210W, Building 1, State Capitol Complex, Charleston, WV 25305 Judiciary A Subcommittee House Members Delegate William R. Wooton - Chair (D - Raleigh) District 27 Capitol Phone: (304) 340-3164 Home Phone: (304) 252-5808 E-mail: _william.wooton(a)wvhouse.gov_ (mailto:william.wooton@wvhouse.gov) Capitol Address: Room 476M, Building 1, State Capitol Complex, Charleston, WV 25305 Delegate Larry W. Barker (D - Boone) District 18 Capitol Phone: (304) 340-3149 Home Phone: (304) 369-3367 E-mail: _larry.barker(a)wvhouse.gov_ (mailto:larry.barker@wvhouse.gov) Capitol Address: Room 224E, Building 1, State Capitol Complex, Charleston, WV 25305 Delegate Mike Caputo (D - Marion) District 43 Capitol Phone: (304) 340-3249 Home Phone: (304) 278-5419 E-mail: _mike.caputo(a)wvhouse.gov_ (mailto:mike.caputo@wvhouse.gov) Capitol Address: Room 246M, Building 1, State Capitol Complex, Charleston, WV 25305 Delegate Michael T. Ferro (D - Marshall) District 04 Capitol Phone: (304) 340-3111 Home Phone: (304) 233-4729 E-mail: _mike.ferro(a)wvhouse.gov_ (mailto:mike.ferro@wvhouse.gov) Capitol Address: Room 222E, Building 1, State Capitol Complex, Charleston, WV 25305 Delegate Mike Ross (D - Randolph) District 37 Capitol Phone: (304) 340-3145 Home Phone: (304) 636-4398 E-mail: _mike.ross(a)wvhouse.gov_ (mailto:mike.ross@wvhouse.gov) Capitol Address: Room 224E, Building 1, State Capitol Complex, Charleston, WV 25305 Delegate Robert A. Schadler (R - Mineral) District 49 Capitol Phone: (304) 340-3191 Home Phone: (304) 788-4024 E-mail: _rschadler(a)comcast.net_ (mailto:rschadler@comcast.net) Capitol Address: Room 6R, Building 1, State Capitol Complex, Charleston, WV 25305 Delegate Patti Eagloski Schoen (R - Putnam) District 14 Capitol Phone: (304) 340-3141 Home Phone: (304) 415-0411 E-mail: _pschoen(a)mail.wvnet.edu_ (mailto:pschoen@mail.wvnet.edu) Capitol Address: Room 150R, Building 1, State Capitol Complex, Charleston, WV 25305 Delegate Danny Wells (D - Kanawha) District 30 Capitol Phone: (304) 340-3287 Home Phone: (304) 542-0284 E-mail: _danny.wells(a)wvhouse.gov_ (mailto:danny.wells@wvhouse.gov) Capitol Address: Room 208E, Building 1, State Capitol Complex, Charleston, WV 25305 Delegate Tim Manchin (D - Marion) District 43 - Nonvoting member Capitol Phone: (304) 340-3166 Home Phone: (304) 363-5613 E-mail: _tmanchin(a)manchin-aloi.com_ (mailto:tmanchin@manchin-aloi.com) Capitol Address: Room 212E, Building 1, State Capitol Complex, Charleston, WV 25305 Delegate Tim Miley (D - Harrison) District 41 (House Judiciary Chairman, Ex Officio member of Subcommittee A) Capitol Phone: (304) 340-3252 Home Phone: (304) 848-0102 E-mail: _tim.miley(a)wvhouse.gov_ (mailto:tim.miley@wvhouse.gov) Capitol Address: Room 418M, Building 1, State Capitol Complex, Charleston, WV 25305

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Monongahela River is impaired says PA-DEP
by Duane330＠aol.com 29 Dec '10

29 Dec '10

Pennsylvania DEP to EPA: Monongahela River is impaired Pittsburgh Business Times - by Anya Litvak Date: Wednesday, December 29, 2010 The Pennsylvania Department of Environmental Protection has submitted its _assessment of water quality_ (http://www.portal.state.pa.us/portal/server.pt/community/water_quality_stan… 010/682562) to the Environmental Protection Agency, asking the federal government to categorize as impaired about 68 miles of the Monongahela River, among other water bodies. The DEP _signaled the move earlier this month_ (http://www.bizjournals.com/pittsburgh/news/2010/12/02/dep-might-want-mon-la…) when it informed the Allegheny Conference on Community Development that it would be seeking the impairment status because of high total dissolved solids and sulfates in the river. Impairment is a label given to parts of streams or lakes that either aren’t attaining water quality standards or won’t be doing so in the future without changes. The highest category of impairment warrants the DEP to study the area’s discharge sources and come up with a total maximum discharge limit, or TMDL, to improve water quality. A TMDL plan involves surveying the sources that discharge into the impaired water and adjusting their discharge permits to achieve the desired water content, a move that could mean new restrictions for businesses. The DEP completed 110 such plans in 2008 and 2009. Parts of streams and lakes can be considered impaired for several uses, including aquatic life, recreation, water supply and fish consumption. The DEP found that: * More than 10,000 miles of streams have been deemed impaired as a result of the statewide assessment over the past two years. * Pennsylvania has 5,546 miles of waters impaired as a result of abandoned mine drainage, another 5,380 miles impaired by agriculture and 2,302 miles by urban runoff/storm sewers. * The presence of metals in streams account for 5,060 of impaired miles, while siltation, the largest cause of impairment, affects 8,274 miles. Total dissolved solids and chlorides account for 198 miles of impaired stream miles. * A survey of Pennsylvania lakes revealed that more than 40,000 acres were impaired for fish consumption as a result of high mercury counts. * About 68 miles of the Monogahela River were added to the list of stream miles impaired for potable water supply. The sources listed were abandoned mine drainage, industrial point sources and subsurface mining, with the polluting element identified as “other inorganics.” * Dunkard Creek had about 35 miles categorized as impaired for aquatic life because of salinity, TDS, chlorides, exotic species and osmotic pressure associated with subsurface mining. * Anywhere from a handful to more than a dozen miles of the following creeks were newly listed as impaired for either aquatic life or recreation because of high pathogen levels in the water: Jacks Run, Chartiers Creek, Sewickley Creek, Raccoon Creek, Connoquenessing Creek, Slippery Rock Creek on the Mon River, and Crooked Creek and Dunlap Creek on the Allegheny River. * About 9 miles of the Allegheny River also got the designation for recreational use because of pathogens. * The DEP added 3.2 miles of the Stoneycreek River to the impaired list because of salinity, total dissolved solids or chlorides associated with acid mine drainage. * Siltation from road runoff impaired about 3 miles each of Montour Run and Pucketa Creek on the lower Allegheny River. The complete list of waters designated as impaired and requiring a survey and plan to manage discharges is available on the DEP's website at _streams_ (http://files.dep.state.pa.us/Water/Drinking%20Water%20and%20Facility%20Regu lation/WaterQualityPortalFiles/2010%20Integrated%20List/Category5Streams.pdf ) and _lakes_ (http://files.dep.state.pa.us/Water/Drinking%20Water%20and%20Facility%20Regu… ory5Lakes.pdf) .

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EPA In Service To America
by Duane330＠aol.com 20 Dec '10

20 Dec '10

_EPA Greenhouse Gas Regulation _ (http://fuelfix.com/blog/2010/12/20/epa-greenhouse-gas-regulation-won’t-caus…) Won’t Cause the Sky to Fall Posted on December 20, 2010 at 3:05 pm by _Victor Flatt_ (http://fuelfix.com/blog/author/victorflatt/) in _Climate_ (http://fuelfix.com/blog/category/climate/) , _Climate Change_ (http://fuelfix.com/blog/category/climate/climate-change/) , _Efficiency_ (http://fuelfix.com/blog/category/efficiency/) , _Electricity_ (http://fuelfix.com/blog/category/electricity/) , _Environment_ (http://fuelfix.com/blog/category/environment/) With the DC Circuit finding that those opposed to greenhouse gas regulation by the EPA have not shown irreparable harm if it goes forward, and with the withdrawal of Senator Rockefeller’s proposal to delay implementation, come Jan. 2, 2011, the EPA will officially begin regulation of greenhouse gases as a pollutant under the Clean Air Act. Since every state has received authority to implement the Clean Air Act’s requirements within the state, this means that all fifty states need to be ready and able to begin permitting of major sources of greenhouse gases at this time. As of this time, the EPA estimates that all states (except Texas, which has refused) will be ready to implement the requirements by January 2 or shortly thereafter. Perhaps now that the actual limited regulation will begin, those who have been saying that the regulation will be incredibly complex and harm the economy and energy sources can finally stop crying wolf and move on to their jobs of securing permits for needed sources. Because the truth is that the permitting sources should be able to implement the program without much difficulty. First of all, the scope is limited. Initially, it only applies to large sources that would already undergo PSD permitting. Moreover, the EPA has been relatively clear through guidance about what kind of Best Available Control Technology (BACT) it expects from sources that must be permitted. More or less, the EPA is asking that any power generation boilers be ultra efficient, that the use of lower carbon impact fuels be employed where feasible, and that any technology that is necessary for the ultimate implementation of carbon capture be considered. Each of these decisions will be made in a one on one negotiation with the state that is permitting the source. Though the states have themselves been nervous about coming up to speed, the procedure is no different from the BACT requirements that they already impose. In fact, because of its limited scope, there won’t be very many permit applicants, meaning that these first few should not be that difficult to implement, if the sources themselves are reasonable and negotiate in good faith. If any attorneys want to continue to cry wolf and make this more difficult than it has to be, they can do so, but they do so at the risk of hurting their clients’ interests. You can continue objecting all you want and try to continue to paint the EPA as the bad guy, but in the next few months, you will be proven wrong. So my advice is to get down to business. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> EPA LAUNCHES WEBSITE INFORMING THE PUBLIC ON EPA REGULATIONS EPA has launched Reg Stat, a new website that provides information on the number, type, and range of regulatory documents developed each year by the agency, and the important role the EPA regulatory system plays in addressing the nation's environmental problems. Based on EPA documents published in the Federal Register between 2005 and 2009, both summary graphics and searchable data tables can be downloaded and sorted based on categories of interest. Complex terminology is explained. For more information, go to Reg Stat _http://www.epa.gov/regstat_ (http://www.epa.gov/regstat) .

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Temporary ban on FRACKING in NY State
by Duane330＠aol.com 11 Dec '10

11 Dec '10

HISTORIC VICTORY FOR THE CITIZENS OF NEW YORK STATE In an amazing victory for the citizens of New York State, Governor David A. Paterson has issued an Executive Order directing the Department of Environmental Conservation (DEC) to conduct further comprehensive review and analysis of high-volume hydraulic fracturing in the Marcellus Shale. The Executive Order requires that, if approved, high-volume, horizontal hydraulic fracturing would not be permitted until July 1, 2011, at the earliest. New York State becomes the first state to have a formal prohibition on high volume horizontal hydrofacking because of concerns about environmental impacts. Regretablly instead of signing the "Moratorium Bill" legislation sent to him that included a prohibition on vertical hyrdofracking that was passed by on overwhelming bi partisan majority in both houses of the State government he decided instead to succumb to industry pressure and issue the Executive Order that eliminates vertical wells from the prohibition. While the Executive Order is historic and proves that our concerns over hydrofracking are legitimate it is also a disappointment because vertical wells are also dangerous. The gas and oil industry lobby deliberately misinterpreted a section of the Moratorium Bill claiming it would bring all gas drilling in New York State to a halt. The bill only specified a moratorium on drilling for wells using hydrofracking, whether they are vertically or horizontally drilled. A moratorium banning the fracking of vertical wells is very important for several reasons: 1. Gas companies have been clear that they plan to drill vertical wells in the Utica and Marcellus shale with the intention of converting them to horizontal wells. 2. While the State Senate was considering a two-year moratorium on horizontal wells the gas industry threatened to drill and frack 16 vertical wells every square mile in retribution if a moratorium on fracked horizontal wells was passed. 3. Some of the worst water contamination problems, such as in Dimock, PA came from vertical wells drilled and fractured in the Marcellus Shale. We now look to Governor Elect Andrew Cuomo to protect the Citizens of New York from the dangers of hydro fracking by any method including vertical drilling and horizontal drilling and including all shale formations. >>>>>>>>>>>>>>>> BELOW IS THE GOVERNORS PRESS RELEASE <<<<<<<<<<<<<<<<<<<<< Governor Paterson Issues Executive Order on Hydraulic Fracturing * by _New York State Office of the Governor_ (http://r20.rs6.net/tn.jsp?llr=izqu84bab&et=1104061578432&s=10856&e=001nTcH8… Y7CFk06387yENFfa9EOPcA4mG3gDvRFfGW6J-Hy2lkv0Rw3ItnIdcLWr5jj0xAD5Al1NIcDYjgme tOIFUjRx0bUBp37NYP_v27f) ALBANY, NY (12/11/2010)(readMedia)-- Governor David A. Paterson has issued an Executive Order directing the Department of Environmental Conservation (DEC) to conduct further comprehensive review and analysis of high-volume hydraulic fracturing in the Marcellus Shale. The Executive Order requires that, if approved, high-volume, horizontal hydraulic fracturing would not be permitted until July 1, 2011, at the earliest. This should allay any fears that high-volume hydraulic fracturing and horizontal drilling under study by DEC will commence without assurances of safety. "We in government must always focus on protecting the well-being of those whom we represent and serve, but we also have an obligation to look to the future and protect the long-term interests for our State and its residents," Governor Paterson said. "Therefore, I am proud to issue this Executive Order, which will guarantee that before any high-volume, horizontal hydraulic fracturing is permitted, the Department of Environmental Conversation will complete its studies and certify that such operations are safe." Permits for high-volume, horizontal hydraulic fracturing can not be issued until the Department of Environmental Conservation (DEC) completes a Supplemental Generic Environmental Impact Statement (SGEIS), which is currently being developed. As a result, there is already in place a de-facto moratorium on such permits. The Governor issued the Executive Order contemporaneously with his veto of S.8129-B/A.11443-B, which would have suspended the issuance of new oil and gas drilling permits through May 15, 2011, including all conventional, low-volume, vertical oil and gas wells. "This legislation, which was well intentioned, would have a serious impact on our State if signed into law. Enacting this legislation would put people out of work - work that is permitted by the Department of Environmental Conservation and causes no demonstrated environmental harm, in order to effectuate a moratorium that is principally symbolic," Governor Paterson said. "Symbols can have great importance, but particularly in our current terrible economic straits, I cannot agree to put individuals out of work for a symbolic act." "I am sympathetic to the sponsors' desire to protect the environment and public health, and I respect the concerns that produced this legislation," the Governor continued. "But this legislation does not accomplish this purpose, since the activities at the heart of the moratorium are not currently taking place, and would not take place until well after the legislation's proposed moratorium." The bill goes well beyond high-volume, horizontal hydraulic fracturing and effectively would result in a moratorium on all new oil and gas well drilling in this State. The cessation of such new activity, even for a limited period, would have substantial negative financial consequences for the State, local governments, landowners and small businesses involved in conventional oil and gas production. The Division of the Budget estimates that the bill would cause a substantial reduction in State revenues from the loss of permit fees and tax revenue. With a $315 million budget gap in the current fiscal year, and a projected gap of over $9 billion in the 2011-12 State fiscal year, New York simply cannot afford to send hundreds and perhaps thousands of jobs, and millions of dollars in capital investment to Pennsylvania and other states to our south.

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......... Happy Birthday to EPA........40 yoa
by Duane330＠aol.com 08 Dec '10

08 Dec '10

GEOLOGIC SEQUESTRATION REPORTING RULES ENSURE SAFETY AND USE OF THE TECHNOLOGY TO REDUCE GREENHOUSE GAS EMISSIONS On Nov. 22, EPA finalized two rules for large emitters of greenhouse gases such as coal fired plants to foster the use of an environmentally safe geologic sequestration/storage technology in reducing greenhouse gas emissions. One rule ensures drinking water protection during the carbon sequestration process, the other tracks the amount of carbon dioxide that is stored underground for long-term storage. For more information on the geologic sequestration rule, go to _http://water.epa.gov/type/groundwater/uic/wells_sequestration.cfm_ (http://water.epa.gov/type/groundwater/uic/wells_sequestration.cfm) More information on the greenhouse gas reporting final rule: _http://www.epa.gov/climatechange/emissions/ghgrulemaking.html_ (http://www.epa.gov/climatechange/emissions/ghgrulemaking.html) >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> HEALTHY WATERS BLOG CURRENT HIGHLIGHTS Happy 40th Birthday, EPA - What do you think EPA's priorities for the future should be? Help shape the next 40 years of environmental protection! Visit the Healthy Waters Web site at _http://blog.epa.gov/healthywaters/_ (http://blog.epa.gov/healthywaters/)

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!!!!!.......Foom..........!!!!
by Duane330＠aol.com 30 Nov '10

30 Nov '10

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WVDEP "rough and raw" legislative drilling proposal
by Duane330＠aol.com 15 Nov '10

15 Nov '10

WVDEP’s ‘rough and raw’ drilling legislation November 15, 2010 by Ken Ward Jr. [The Charleston Gazette] The Department of Environmental Protection wants natural gas companies to submit comprehensive water management plans, including lists of chemicals to be used, when applying for future permits to drill horizontal wells in the Marcellus shale field. A 100-page draft of proposed legislation provided to The Associated Press late Friday shows the DEP wants companies to identify not only when, where and how much water they withdraw for drilling operations. The department also wants to know what chemicals companies use in hydraulic fracturing, how much wastewater they produce, and when and where they would dispose of the waste. See the following web-site: _http://blogs.wvgazette.com/watchdog/2010/11/15/wvdeps-rough-and-raw-drillin g-legislation/_ (http://blogs.wvgazette.com/watchdog/2010/11/15/wvdeps-rough-and-raw-drillin…)

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<Eckerlin brothers> Dunkard roots on the Monongahela
by Duane330＠aol.com 15 Nov '10

15 Nov '10

Subject: <Eckerlin brothers> Dunkard roots on the Monongahela Samuel, Israel, Gabriel and Emmanuel Eckerlin came to America with their Mother from the Alsase region between France and Germany. They settled in Germantown, north of Philadelphia then removed to the Ephrata Cloister in Lancaster County of Pennsylvania. They were far too progressive for the Headmaster Conrad Bissell, who expelled them. Except for Emmanuel, they moved first to the New River valley in Virginia, then to the mouth of what is now Dunkard Creek (named for them) on the Monongahela River, and subsequently (due to threats of Indian attack) to a fertile bottom just above Kingwood (now in Preston County) in the Cheat River valley. Camp Dawson is on this land today. George Washington took Samuel back to Williamsburg in Virginia to negotiate whether the Eckerlins could remain west of the Alleghenies, and in the meantime the Quebec Indians captured Israel and Gabriel, taking them to Quebec in Canada from which location the French took them back to France, where they died in Jail. They were victims of the conflicts known as the French and Indian War. Since they spoke German, they were always under suspicion by the English, by the French, and by the Indians. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> >From about 1748 to 1756, the Eckerlins travelled with groups of followers who did farming; and the Eckerlins travelled with pack horses so as to make annual trips back to Philadelphia to deliver animal furs. Samuel Eckerlin was an accomplished medical man whose service were sought by pioneers and friendly Indians. Israel Eckerlin was an accomplished religious philosopher whose writings were burned by Conrad Bissel at the Cloister. Gabriel Eckerlin was an accomplished hunter who frequently sought out bear and buffalo in the Alleghenies. . The Eckerlins acquired extensive land holdings at various locations, at the Ephrata Cloister and in the Allegheny mountains. Subsequently, Samuel Eckerlin settled in the Shenandoah valley, as is described below. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> The Shenandoah valley became a crossroads for immigrant trails. Though the settlers were mostly farmers, most were still highly-specialized tradesmen that consisted of millers, carpenters, blacksmiths, coopers, and linen weavers. The most important of these trades was Funk's Mill, already in existence as early as 1743. Two of the earliest settlers, Ezekiel Sangmeister and Anthony Hollenthal, were members of the Sabbatarian Brotherhood called Dunkers. We are very indebted to these two as they kept very descriptive journals which told of their daily life and struggles. Sangmeister's carpentry work was highly respected and his skills were in great demand. With Samuel Eckerlin's arrival, the area became a trading center, and the first apothecary was opened. Using herbs and treatments learned from Indians, he soon built a reputation as a resident doctor and settlers came as far as 20-40 miles for treatment. In 1762, Eckerlin was joined by George Keller, a Dunkard Doctor from Ephrata. Others soon followed with the arrival of Martin Kroll in 1756 and Valentin Bruckmann in 1761. [Exerpted from the Hildebrand family geneology references]. See Also: _http://www.cob-net.org/cloister.htm_ (http://www.cob-net.org/cloister.htm)

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Rare mussels in northern WV
by Duane330＠aol.com 07 Nov '10

07 Nov '10

Rare W.Va. mussels may get species protection By _Staff reports_ (mailto:) , The Charleston Gazette, November 2, 2010 CHARLESTON, W.Va. -- The U.S. Fish and Wildlife Service has proposed Endangered Species Act protection for two rare freshwater mussel species known to exist in streams in West Virginia and several other eastern states. The rayed bean mussel is known to exist in only six states and one Canadian province, while populations of the snuffbox mussel are found in 14 states and one province. Rayed bean mussels were believed to have disappeared from West Virginia during the 1990s, but 600 of the rare shellfish were reintroduced in the Elk River in 2006 and 2007. Populations of the snuffbox mussel have been found in the Elk River, North Fork of Hughes River near North Bend State Park, Middle Island Creek near Wheeling and in Dunkard Creek in Monongalia County prior to last September's massive fish kill in that stream. The snuffbox is a thick-shelled, triangular shaped mussel with a yellowish shell with dark green rays. The snuffbox is about 2 inches long when mature, while the rayed bean is about 1.5 inches long and has a greenish shell with heavy, wavy rays. According to the Fish and Wildlife Service, nearly 70 percent of all U.S. freshwater mussel species are already extinct or vulnerable to extinction. Six mussel species known to live in West Virginia have already received Endangered Species Act protection. According to the Fish and Wildlife Service, the rayed bean mussel have been eliminated from 75 percent of its historical range, while the snuffbox has experienced a 65 percent drop in the number of streams in which it lives. Dam and lock chamber construction, sand and gravel mining and pollution are among causes attributed to the mussels' decline. A public hearing will be held on whether or not to grant Endangered Species Act protection to the two mussel species prior to any final decision by the U.S. Fish and Wildlife Service

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<YES!> freedom from fracking
by Duane330＠aol.com 02 Nov '10

02 Nov '10

Penna. Township Declares Freedom from Fracking Photo by Helen Slottje. RE: Licking Township, Clarion County, Pennsylvania. In Pennsylvania—a central target for natural gas drilling and the controversial drilling practice known as horizontal hydraulic fracturing, or “ fracking”—local communities don’t have the legal authority to keep unwanted drilling from happening. As fracking’s impacts on water safety make headlines and public resistance to drilling grows, some towns have tried to use land use zoning to keep drilling companies out—but they can’t use zoning laws to stop an activity the state has declared legal. (At best, they can zone where the corporations site their drill pads. But since drilling is not vertical but horizontal, there’s no way to contain its impact on a community’s water and environment.) Taking local control One small community in western Pennsylvania wanted more say over what happens within its borders. Licking Township, population 500, chose to defy state law with its own local ordinance, banning corporations from dumping fracking wastewater within its borders. Licking sits atop the Marcellus Shale, a geological formation that contains large and mostly untapped natural gas reserves. On Oct. 12, 2010, the Licking Township Board of Supervisors voted unanimously to ban corporations from dumping fracking wastewater within the township. “When it comes to land use issues and the preservation of important resources, the local community is best suited to set priorities as they feel impacts most acutely,” said Mik Robertson, chairman of the Licking Township Supervisors. Pennsylvania’s preferential laws for drilling companies are not unique. For years, the drilling industry has worked closely with government to pave the way for widespread drilling, eliminating regulatory barriers that may stand in its way. The so-called “Halliburton Loophole” was inserted into the federal Safe Drinking Water Act to exempt companies drilling for natural gas, including those drilling in the Marcellus Shale (which extends from New York to West Virginia) from having to comply. Corporations have also been exempted from a host of other laws and regulations, and states have enacted laws pre-empting municipalities from taking steps to reign in the industry. The residents of Licking felt that they should be the ones to decide what happens in their township. “People have the right to determine what is suitable for their community, as they are most directly affected by intended or unintended consequences of resource extraction,” said Robertson. The dangers of fracking The residents of Licking aren’t alone in their concerns about fracking. Across the Appalachian highlands, residents worried about the health effects of fracking have been calling on their elected officials to protect them. _In New York, a citizen movement convinced the state Senate to place a 9-month moratorium on the practice_ (http://www.yesmagazine.org/planet/the-fight-against-fracking) while its safety is evaluated. However, the moratorium is only temporary and has not been voted into state law. Fracking involves pumping water laced with sand and a cocktail of chemicals underground to fracture the shale rock and release the natural gas. In the process, thousands of gallons of toxic wastewater are produced and can contaminate waterways and drinking water. Natural gas wells are often driven through aquifers. The impacts from drilling can include exploding wells, groundwater contamination, and fish kills. Recently, the Pennsylvania Department of Agriculture quarantined cattle believed to have drunk from a frack wastewater spill. Their milk was no longer considered safe to drink. A new study by researchers at the University of Buffalo found that fracking also releases uranium trapped in the rock, raising additional health concerns. Collateral damage includes lost property value, drying up of mortgage loans for prospective home buyers, and the threatened loss of organic certification for farmers. And it’s not only rural communities feeling the pressure. In Pittsburgh and Buffalo (both of which straddle the Marcellus), gas extraction corporations have quietly signed leases with landowners to drill under the surface. A new direction Drafted with the help of Community Environmental Legal Defense Fund (CELDF), the “Licking Township Community Water Rights and Self-Government Ordinance ” is the first of its kind in the nation. The City of Pittsburgh is also considering a CELDF-drafted ordinance, which is scheduled for a vote on November 16. With an expected veto-proof majority of City Council members in favor, that ordinance would impose an outright ban on gas drilling by corporations within city limits. Communities across the Marcellus Shale region, including Lehman Township in eastern Pennsylvania, are also considering CELDF ordinances that would ban corporations from drilling or from extracting water to use in drilling. In addition to banning corporate disposal of frack wastewater, Licking Township’s ordinance asserts the right to local self-government and the community’s right to a healthy environment and to clean water. In adopting the ordinance, Licking joins more than a dozen other communities in _legally recognizing the rights of nature _ (http://www.yesmagazine.org/peo ple-power/drafting-natures-constitution) and subordinating corporate constitutional rights to the rights of human and natural communities. By recognizing the rights of nature, Licking is effectively protecting ecosystems and natural communities within the township from efforts by corporations to drill there—or by higher levels of governments to authorize that drilling. Residents of the community are empowered by the ordinance to enforce those rights on behalf of threatened ecosystems. By prohibiting the introduction of frack wastewater into the Township’s environment, Licking’s new law effectively blocks hydro-fracturing. Critics of the ordinance claim that, by denying corporations that violate its prohibitions the civil rights protections _conferred on them by the courts_ (http://www.yesmagazine.org/people-power/citizens-united-v.-federal-election… sion) , the ordinance goes too far. Robertson responds to these charges, saying, “People have rights, like the gifts of nature. People have rights to property. Property does not have rights. Corporations are property.” Corporations may sue to overturn the ordinance, with the argument that it violates their corporate constitutional rights. Such a lawsuit would finally raise_ imperative questions about whose rights trump whose_ (http://www.yesmagazine.org/people-power/whose-rights) : Do the court-endowed privileges of corporations override the inalienable rights of the people and ecosystems of Licking Township, nullifying their claim to have a legal right to their health, safety, and welfare? Or does the community have the right to make critical decisions to protect its well-being—and that of the ecosystems upon which it depends? ____________________________________ Mari Margil and Ben Price wrote this article for _YES! Magazine_ (http://www.yesmagazine.org/) , a national, nonprofit media organization that fuses powerful ideas with practical actions. Mari is the associate director and Ben is projects director of the _Community Environmental Legal Defense Fund_ (http://www.celdf.org/) , a nonprofit, public interest law firm providing legal services to communities facing threats to their local environment, agriculture, economy, and quality of life.

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Friends of the Cheat "Adopt-a-Highway" trash pickup
by duane330＠aol.com 20 Oct '10

20 Oct '10

Hello all, We've set the date for the Adopt-a-Highway trash pickup along Route 26 for Thursday, October 28th. We will be meeting at the Albright Quick Stop at 4:30pm. If you are planning on coming, please reply and let me know so I know how many volunteers we'll have. Hope to see you there, Andrew Miller SM/VISTA - Friends of the Cheat ww.cheat.org | 304.329.3621

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Fwd: FracTracker Training Invitation for Oct 25th Meeting in Morgantown, WV
by Jonathan Rosenbaum 18 Oct '10

18 Oct '10

-------- Original Message -------- Subject: FracTracker Training Invitation for Oct 25th Meeting in Morgantown, WV Date: Mon, 11 Oct 2010 17:24:01 -0400 From: Malone, Samantha Lynn <slm75(a)pitt.edu> To: Malone, Samantha Lynn <slm75(a)pitt.edu> Dear Colleagues, On behalf of Dr. Conrad Dan Volz at the Center for Healthy Environments and Communities (CHEC <http://www.chec.pitt.edu/>) of the University of Pittsburgh Graduate School of Public Health and the Foundation for Pennsylvania Watersheds, I would like to invite you or another representative within your group to attend a training on Monday, October 25, 2010 of key personnel who are working to address Marcellus Shale gas extraction's (MSGE) impact on the environment and public health in West Virginia. During this training, CHEC will introduce participants to FracTracker, a combination of an interactive blog (http://fractracker.org) and data tool (http://data.fractracker.org), that is serving as a vital data-sharing tool in the Marcellus Shale play and beyond. The training is also an open forum for participants to discuss current and anticipated environmental and public health concerns such as emergency preparedness and response to blow outs or spills, degrading road infrastructure, and surface and drinking water contamination. Because the issues we are facing span across many fields, meeting invitees include representatives from diverse groups. This is one of many trainings we are hosting throughout PA, WV, and NY, OH, and MD. Click here to learn more about CHEC and this project: http://www.fractracker.org/p/about-us.html. *Meeting Details:* October 25, 2010 -- 1pm -- 4pm 317 Percival Hall, West Virginia Evansdale Campus, Morgantown, WV 26506 Contact phone # on day of event: 724-554-0989. Free to attend. Parking is free. Permits will be provided upon arrival. An agenda and additional meeting specifics will be sent to registered attendees prior to the training. Important -- In order to work with FracTracker's data tool (http://data.fractracker.org) during the training, you must be registered with the data tool. It is free to register, but please do this online as soon as possible. If you run into problems registering for the tool please contact: support(a)rhizalabs.com <mailto:support@rhizalabs.com>. In addition to registering for the data tool online, please also accept or decline this invitation in a return email to me at slm75(a)pitt.edu <mailto:slm75@pitt.edu> as soon as possible. In that email, please let me know whether CHEC can distribute your contact information to all attendees of the training for networking purposes. Once we receive your RSVP we will send you a confirmation email with more details about the training. Best, Samantha -Samantha Malone, MPH, CPH- Communications Specialist & Doctoral Student Center for Healthy Environments & Communities University of Pittsburgh Graduate School of Public Health Office: 412-624-9379 100 Technology Dr. Suite 553 BRIDG Pittsburgh, PA 15219-3130 slm75(a)pitt.edu <mailto:slm75@pitt.edu> | samanthamalone119(a)gmail.com <mailto:samanthamalone119@gmail.com> | www.chec.pitt.edu

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Fwd: Workshop on Citizen Advocacy
by dfvet＠aol.com 18 Oct '10

18 Oct '10

Learn how to advance progressive issues in the WV Legislature! Join WV FREE and a number of co-sponsoring organizations as we kick-off our “Citizen Advocacy Trainings” around the state. Monday, Oct. 18th 6-8pm at the Courthouse 243 High St, Morgantown Monday, Oct. 25th 6-8pm at Java Joint Corner of 3rd Ave & Hal Greer Blvd, Huntington Wednesday, Nov. 17th 6-8pm at Unitarian Universalist 520 Kanawha Blvd, Charleston Lewisburg & Wheeling Trainings TBA! Email Us rachel(a)wvfree.org or join our facebook event page to reserve your spot. www.wvfree.org Deborah Fulton -----Original Message----- From: dfvet(a)aol.com To: jjack1024(a)gmail.com; yun.terry(a)gmail.com; jselin(a)hotmail.com; donnaweems(a)rocketmail.com Cc: jankiger(a)adventuresedge.org Sent: Mon, Oct 18, 2010 12:55 am Subject: Workshop on Citizen Advocacy Hi. The Sierra Club and other orgs NEED HELP trying to get the attention of our legislators re:need for Marcellus shale regulation. For any regulation to come about, we need citizen involvement. "The most important political office is that of the private citizen." Justice Louis Brandeis Please consider taking a role in the future of the health and well-being of the environment and all who depend upon it. This meeting is a good place to take that first step. Thank you, Deb Learn how to advance progressive issues in the WV Legislature! Join WV FREE and a number of co-sponsoring organizations as we kick-off our “Citizen Advocacy Trainings” around the state. Monday, Oct. 18th 6-8pm at the Courthouse 243 High St, Morgantown Monday, Oct. 25th 6-8pm at Java Joint Corner of 3rd Ave & Hal Greer Blvd, Huntington Wednesday, Nov. 17th 6-8pm at Unitarian Universalist 520 Kanawha Blvd, Charleston Lewisburg & Wheeling Trainings TBA! Email Us rachel(a)wvfree.org or join our facebook event page to reserve your spot. www.wvfree.org Deborah Fulton

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Water Issues in West Virginia
by Duane330＠aol.com 10 Oct '10

10 Oct '10

EPA SCIENCE ADVISORY BOARD RELEASES FIRST REVIEW OF EPA SCIENCE ON MOUNTAINTOP MINING IMPACTS ON WATER QUALITY On Sept. 28, EPA's independent Science Advisory Board released its first draft review of EPA's research which concludes that valley fills are associated with increased levels of conductivity into downstream waters threatening stream life and causing significant damage to local streams polluted with mining runoff from mountaintop removal. The benchmark of EPA's research is intended to protect 95 percent of aquatic species in streams in the Appalachian region influenced by mountaintop mining and valley fills. Following the completion of the external peer review and review of public comments, the report will be revised and published as a final report. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> Marcellus Shale And Related Issues To Be Discussed At October Monthly Meeting of MUB Two “special presentations” will be made to the Morgantown Utility Board at their regular Monthly Meeting on Tuesday, October 12th in the Morgantown City Council chambers starting at 6:30 pm. Duane Nichols, Co-Chair of the WV/PA Monongahela Area Watersheds Compact, will summarize the nature and extent of the issues being faced by water supplies and effluents in our area. And, Scott Rotruck of Chesapeake Energy will describe the activities of his company, that is doing Marcellus Shale development in our region. This meeting is to be broadcast on COMCAST Channel 15 as is typically done for these meetings.

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Movie: Gasland at WVU College of Law
by Duane330＠aol.com 05 Oct '10

05 Oct '10

Morgantown WV, 10/04/10 — The award-winning documentary "Gasland" will be shown free to the public on Tuesday, October 12, 2010 at 6:30pm in the WVU College of Law Marlyn E. Lugar Courtroom, followed by a live Skype Q&A session with filmmaker Josh Fox. Beginning at 5pm there will be a public reception and information tables to browse before the film begins. The largest domestic natural gas drilling boom in history has swept across the United States. The Halliburton-developed drilling technology of "fracking" or hydraulic fracturing has unlocked a "Saudi Arabia of natural gas" beneath most of West Virginia. But is fracking safe? When filmmaker Josh Fox is asked to lease his land for drilling, he embarks on a cross-country odyssey uncovering a trail of secrets and surprises, including contamination and unanticipated health risks. A recently drilled nearby Pennsylvania town reports that residents are able to light their drinking water on fire. This is just one of the many absurd and astonishing revelations of a new country called GASLAND. Part verite travelogue, part expose, part mystery, part bluegrass banjo meltdown, part showdown. Fracking has come to West Virginia, and if you own land, drink water, or breathe air, it's time to learn about what fracking can mean for your future. Come see the film, so you can take informed action before it is too late. Student and citizen groups who want to reserve an information table in the lobby, please contact Kurt Doiron at _kurtdoiron(a)gmail.com_ (mailto:kurtdoiron@gmail.com) Contact Deb Fulton at _dfvet(a)aol.com_ (mailto:dfvet@aol.com) for other questions or phone 304 864-0044. For more info about the film and fracking, see _http://gaslandthemovie.com/_ (http://gaslandthemovie.com/) and FrackCheckWV.net DIRECTIONS: Directions to the College of Law are available at http://law.wvu.edu/about_us/deans_message/traveling_to_the_law_center This showing is sponsored in part by the West Virginia Chapter of the Sierra Club and the WVU College of Law Environmental Law Society.

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Information Links on Marcellus Shale gas developments
by Duane330＠aol.com 02 Oct '10

02 Oct '10

Please read the following web-sites and spread these links to others. Duane Nichols, Co-Chair, WV/PA Monongahela Area Watersheds Compact >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> 1. _www.uppermon.org_ (http://www.uppermon.org) 2. _www.wcag-wv.org_ (http://www.wcag-wv.org) 3. _www.marcellus-shale.us_ (http://www.marcellus-shale.us) 4. _www.monwq.net_ (http://www.monwq.net) 5. _www.frackcheckwv.net_ (http://www.frackcheckwv.net) 6. _www.wvsoro.org_ (http://www.wvsoro.org) Let me know what you think about this information. Best Wishes, Duane Nichols

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GASLAND movie screenings: Oct 3, 11 & 12
by Duane330＠aol.com 30 Sep '10

30 Sep '10

GASLAND Movie Showings: No admission charges at any of the three locations below. Sunday, October 3rd, Uniontown State Theater, 37 East Main Street, Uniontown, PA. Two showings: 1 pm and 3 pm. Monday, October 11th, Ohio County Public Library, 5 16th St, Wheeling, WV 26003. (304) 232-0244. One Showing: Noon. Tuesday, October 12th, College of Law, WVU, off University Ave., Morgantown, WV. Time: 6:30 pm. "Green Tables" for information distribution. [Questions: _justpeace(a)yahoo.com_ (mailto:justpeace@yahoo.com) ] >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> For Background Information See: _http://gaslandthemovie.com/_ (http://gaslandthemovie.com/) >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> GasLands-- The Documentary. 1 hour and 43 minutes. GasLand Exposes The Dangers Of Natural Gas Drilling Called Hydraulic Fracturing - The largest domestic natural gas drilling boom in history has swept across the United States. The Halliburton-developed drilling technology of “fracking” or hydraulic fracturing has unlocked a “Saudia Arabia of natural gas” just beneath us. But is fracking safe? When filmmaker Josh Fox is asked to lease his land for drilling, he embarks on a cross-country odyssey uncovering a trail of secrets, lies and contamination. A recently drilled nearby Pennsylvania town reports that residents are able to light their drinking water on fire. This is just one of the many absurd and astonishing revelations of a new country called GASLAND. Part verite travelogue, part expose, part mystery, part bluegrass banjo meltdown, part showdown. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> NOTE: While not every detail reported in the movie is portrayed accurately, the issues covered and the information presented are much more than thought provoking and challenging. And, in my opinion, the alternative explanations that have been offered for some details also represent problems for our region, that is for the exploration, development, production and transmission of natural gas from the Marcellus shale formation. Duane G. Nichols, Co-Chair, WV/PA Monongahela Area Watersheds Compact.

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SPECIAL ISSUE: "Water Regulation Alert"
by Duane330＠aol.com 23 Sep '10

23 Sep '10

09/23/2010 _www.insideEPA.com_ (http://www.insideepa.com/) About Water Regulation Alert InsideEPA.com's Water Regulation Alert is a subscription-based weekly e-mailed newsletter covering EPA regulation of water quality. Tapping the editorial excellence of Inside EPA Weekly Report and InsideEPA.com, our water policy briefing keeps readers up to speed on clean water permitting, discharge standards, the scope of EPA's authority and other hot issues. Register for a free trial For a limited time, we're offering you the option to sign up for four full weeks of Water Regulation Alert. All you have to do is _click here_ (http://iwpnews.com/water_regulation_signup.asp?code=water-923) and register, and you'll get the next four issues delivered straight to your inbox via e-mail. (Note: If you are prompted for an Invitation Code, enter the word "water-923" without quotes.) How To Subscribe One-year subscriptions to Water Regulation Alert start at just $300 per person, and economical site licenses are available for larger groups. To subscribe, or for more information, e-mail us at _iepa(a)iwpnews.com_ (mailto:iepa@iwpnews.com) , or call our customer service department at 703-416-8505. Editorial Contact Jeremy Bernstein 703-562-8752 _jeremyb(a)iwpnews.com_ (mailto:jeremyb@iwpnews.com) Free Trial Opportunity For a limited time, we're offering the opportunity to sign up for four full weeks of Water Regulation Alert; all you have to do is _register here_ (http://iwpnews.com/water_regulation_signup.asp?code=water-923a) , and you'll get the next four issues delivered straight to your inbox. ____________________________________ EPA's Inspector General is urging the agency to craft a model agreement between the agency and states for implementing and enforcing the Clean Water Act as a way to bolster lackluster state enforcement of federally approved permits. Environmentalists are urging EPA to set pollutant-specific standards to define impaired waters and strictly oversee state antidegradation plans for addressing pristine waters as part of a pending rule to revise the agency's regulation governing water quality standards. Activists are also headed to court to force EPA to decide whether to approve Kentucky's antidegradation plan, a decision that could set a precedent for how other states are required to act. The mining industry is asking a federal court to block EPA's controversial guidance governing water permits for mountaintop mining operations, a suit that faces a high legal bar as the plaintiffs must show the document has the effect of a rulemaking. In This Issue . . . _IG Suggests EPA National Model To Boost Water Permit Enforcement Pacts _ (mip://042b3aa0/default.html#story01) EPA's Inspector General (IG) is suggesting that the agency craft a national model for a memorandum of agreement (MOA) between states and EPA on implementing and enforcing delegated Clean Water Act (CWA) permitting authority, which could address the IG's findings that most MOAs are out of date and hinder effective permitting oversight. _EPA Looks To New 'Urban Waters' Framework To Bolster Redevelopment _ (mip://042b3aa0/default.html#story02) EPA is slated to soon unveil its draft framework for implementing the agency's new urban waters initiative, a plan that could use metrics like waterfront redevelopment to measure the initiative's success in improving water quality and economic conditions in environmental justice communities near urban waters, a key agency official says. _EPA Faces Legal Pressures To Make Decision On Landmark Antidegradation Plan_ (mip://042b3aa0/default.html#story03) Environmentalists are asking a federal court to force EPA to finalize its review of an antidegredation implementation plan submitted nearly a year ago by the state of Kentucky, a move that could eventually set a precedent for what the agency requires in other state programs to protect pristine waters. _Activists Seek Pollutant-Specific Limits In New EPA Water Antidegradation Rules_ (mip://042b3aa0/default.html#story04) Environmentalists are outlining a series of new antidegradation requirements they want to see as part of EPA’s revision to its water quality standards rule, including pollutant-specific standards to define impaired waters, stricter oversight of antidegradation implementation plans and more public participation in state regulatory efforts. _Despite High Legal Bar, Industry Seeks To Block EPA's Mining Guidance_ (mip://042b3aa0/default.html#story05) Despite a high legal bar, the mining industry is seeking to block EPA's mountaintop mining guidance, charging it has the effect of a regulation but has not been subject to a proper rulemaking procedure -- the latest effort by both industry and environmental groups who are challenging EPA's growing use of guidance and other “interim” approaches. _Expecting Pact With States, Activists, EPA Faces Industry Suit On Ballast Permit_ (mip://042b3aa0/default.html#story06) A pending industry lawsuit challenging EPA's commercial ship discharge permit appears set to move forward later this year, after EPA finalizes an expected settlement with state and environmentalist petitioners who had challenged the permit covering discharges of ballast water and other pollutants on separate grounds, according to new court filings. _Utilities Looking To Include Water Projects In Infrastructure Bank Proposal_ (mip://042b3aa0/default.html#story07) Water utility industry sources say they are looking for an opportunity to make the case for including water projects in President Obama's proposal for a transportation infrastructure bank, arguing that water projects will more readily be able to pay back their loans and thus have a lesser impact on the deficit than transportation projects. ____________________________________ IG Suggests EPA National Model To Boost Water Permit Enforcement Pacts EPA's Inspector General (IG) is suggesting that the agency craft a national model for a memorandum of agreement (MOA) between states and EPA on implementing and enforcing delegated Clean Water Act (CWA) permitting authority, which could address the IG's findings that most MOAs are out of date and hinder effective permitting oversight. While EPA says it agrees many of the existing state-EPA MOAs are outdated, agency officials stress that the agreements are not the only method for ensuring effective state implementation of the CWA National Pollutant Discharge Elimination System (NPDES) permitting program. The agency also says it could update an existing MOA template from 1986 as part of its broader ongoing action plan effort to improve CWA enforcement. EPA recently updated state officials on the Clean Water Act Action Plan, saying they have developed four priority focus areas. States cannot operate delegated NPDES programs without an authorizing MOA. The agreements aim to establish how EPA will oversee the permitting program in states to ensure national consistency, the IG says. The IG outlined its concerns with the MOAs in a Sept. 14 report, “EPA Should Revise Outdated or Inconsistent EPA-State Clean Water Act Memoranda of Agreement.” The IG reviewed 46 MOAs as part of an ongoing series the Office of Inspector General is conducting of EPA oversight of state enforcement programs. MOAs are “critical because they are the common denominator for state-authorized programs and should represent a common baseline,” the IG says. Outdated agreements, or agreements that are not adhered to, reduce EPA's ability to maintain a uniform NPDES program with consistent oversight, according to the report. The IG found that the MOAs do not “ensure agency management control and effective oversight over a national program administered by states that is capable of providing equal protection to all Americans.” EPA headquarters also does not hold agency regional or state offices accountable for updating MOAs when necessary and relies on other tools to oversee state programs, an approach that may further hinder the NPDES program, the IG said. The report highlights existing concerns raised by EPA officials, the IG, and the Government Accountability Office about inconsistent CWA enforcement. For example, it notes a 2004 IG report that found that the MOAs between EPA Region III and the states it covers were all more than 10 years old and included outdated requirements. Outdated agreements hinder EPA oversight and the ability to ensure consistent NPDES permitting, the IG says in the new report, but there is no requirement law for states or EPA to update the MOAs. The IG says many of the agreements lack key regulatory requirements, including the establishment of data management systems to support compliance evaluation activities. Fifty-four percent of MOAs lacked policies for minimum civil penalties -- despite these being a requirement under federal regulations. Further, the report says that few MOAs have been updated to address increasing state responsibilities under the CWA, including new NPDES programs and the “expanding CWA universe.” Some MOAs are inconsistent with the water law, the IG says, with 17 percent of agreements containing language worded to limit EPA's authority to conduct inspection and enforcement activities in the states. “In a number of cases, this type of language has led to disagreements between EPA and states,” the IG says. For example, although the Code of Federal Regulations says the regional EPA administrator will normally notify a state at least seven days before an inspection, South Carolina's 1994 MOA says EPA shall provide at least 30 days notice before a joint or independent inspection. An EPA Region IV enforcement manager told the IG that this provision in the state's MOA “limited EPA's enforcement authority,” according to the report. Establishing National Baseline To address the IG's broad concerns about the quality of the agreements, coupled with the fact that some EPA regions do not use the MOAs to manage state enforcement programs, the IG says EPA could establish a national baseline for CWA implementation with an MOA template. Through this template the agency should identify the key requirements for an MOA, which would help to establish a national consistency for the pacts. The IG notes that state and EPA officials said that updating the MOAs could face state resistance due to the “considerable” resources it might require. Enforcement officials in two EPA regions indicated that MOA renegotiation would be a low priority because it would otherwise divert enforcement resources, according to the report. Nevertheless, staff from each region and other stakeholders interviewed by the IG agreed that a model MOA would be beneficial in determining the adequacy of the state-EPA NPDES agreements. While EPA agreed with many of the report's findings, the agency notes that MOAs are not the only method EPA uses for tracking the effectiveness of delegated state NPDES programs. EPA Deputy Administrator Bob Perciasepe wrote in July 27 comments on the draft IG report that while the agency agrees that inadequate MOAs “may not support our efforts to ensure an effective state program, there are multiple layers of management controls and oversight programs that address the implementation and performance of the NPDES program but were not included in is review.” For example, the agency's Office of Water tracks implementation of the NPDES permitting program through permit quality reviews and other measures. Perciasepe also says that renegotiating and updating MOAs is not the only way to address an inadequate state program. Renegotiating can be “ time-consuming and unpredictable,” and EPA therefore should have flexibility to use other tools such as enforcement agreements to supplement MOAs, Perciasepe says. Perciasepe also notes that EPA established a national MOA template in 1986, “but we agree that it could be updated to be more useful.” EPA is in the midst of implementing its Clean Water Act Action Plan -- a broad effort to revamp the agency's CWA enforcement and compliance program -- and therefore Perciasepe suggests that any changes to the MOA template take place in coordination with other approaches under the action plan. Update On CWA Action Plan EPA recently updated the Environmental Council of the States (ECOS) on its action plan efforts at ECOS' annual meeting Aug. 30 in Whitefield, NH. Lisa Lund of EPA's Office of Enforcement & Compliance Assurance said that the agency has narrowed roughly 50 recommendations for improving CWA enforcement down to 11 “concepts.” The agency is pursuing these concepts in four key areas: improving water quality, such as focusing on serious violations; improving compliance, which could include prioritizing responses to violations; strengthening state and EPA performance, for example through permitting and enforcement efforts; and increasing transparency. Jeanne Christie, executive director of the Association of State Wetland Managers, wrote in an Aug. 31 blog post on the action plan that although EPA is working on its action plan, “The underlying problem is in part that Congress has not provided the agency or anyone else with the tools to address the current problems plaguing the nation’s waters. This is because there is no consensus nationally that 1) there is a problem to solve or 2) how to solve it.” Christie says the primary water pollution problem is nonpoint source runoff, but the CWA is “a point source statute designed to regulate discharges at the end of a pipe or at a specific fill site. Meanwhile states are barely keeping up with existing programs to protect water and the environment.” State budgets are expected to decline through 2012, and perhaps through 2014, even though states will undertake most work to implement the CWA, she writes. One solution is to comment on the CWA action plan to try and “help shape future policy,” Christie says, adding that states should “help the public understand what is at stake and why it should be fixed.” -- Anthony Lacey _top of page_ (mip://042b3aa0/default.html#top) ____________________________________ EPA Looks To New 'Urban Waters' Framework To Bolster Redevelopment EPA is slated to soon unveil its draft framework for implementing the agency's new urban waters initiative, a plan that could use metrics like waterfront redevelopment to measure the initiative's success in improving water quality and economic conditions in environmental justice communities near urban waters, a key agency official says. But environmentalists are raising concerns that some EPA regulatory efforts -- such as permits to control urban stormwater runoff from new and existing developments -- are not strict enough to address persistent urban water pollution problems. And some community activists are raising concerns the redevelopment aspect of its urban waters initiative could gentrify poor and minority neighborhoods that are revitalized under the program -- an issue that EPA officials argue is beyond their authority. EPA Administrator Lisa Jackson announced plans to develop the urban waters initiative last year as part of the agency's work with the administration's Interagency Partnership for Sustainable Communities, and she later integrated the initiative into the agency's broader work on water quality, one of the administrator's seven priorities for the agency. At a recent meeting of the agency's National Environmental Justice Advisory Council (NEJAC), EPA's deputy water chief Michael Shapiro said that the agency planned to soon release a framework outlining the agency's goals for the initiative. The White House Domestic Policy Council has also identified the initiative as an important new program and EPA has created a task force on the issue with representatives from 12 federal agencies, he said. The draft framework will outline the goals of the initiative, which include promoting an understanding of urban waters and their potential, promoting community connection and ownership of urban waters -- including safe and legal access to the water -- and promoting community revitalization through urban waters, Shapiro said. He added that the goals of the interagency task force include focusing on reversing past neglect in distressed communities and encouraging community improvement through partnerships. One informed source says senior agency officials on the interagency task force have been meeting weekly since April to develop the framework, which could be released as soon as this month. In addition to the framework, EPA has also been directing grant money toward urban waters. EPA earlier this year offered $600,000 in grants for urban watershed technical services to bolster the initiative and is seeking $5.5 million in new funding in fiscal year 2011 for the program. The agency's budget request says the "Community Water Priorities" program will use federal technical support grants to states to advance water improvements in urban watersheds through "targeted implementation of core water programs." Shapiro said EPA does not know how the initiative "will fare" in the budget process this year, but said EPA is committed to the initiative with or without the funding. The agencies on the task force are EPA, the Department of Transportation, the Department of Agriculture, the Department of Interior, the National Institute of Environmental Health Sciences, the Army Corps of Engineers, the Department of Housing and Urban Development, the Economic Development Administration, the National Oceanic and Atmospheric Administration, the Corporation for National and Community Service and the Centers for Disease Control, Shapiro said at the NEJAC meeting Los Angeles River Jackson highlighted the initiative and its focus on redevelopment earlier this summer when the agency announced that it was designating the Los Angeles River as a "traditionally navigable water," a designation that ensures the entire 51-mile stretch of the urban water is eligible for federal protection under the Clean Water Act. "Right now EPA is developing a comprehensive and collaborative Urban Waters program to help urban communities reconnect with and revitalize the waters that are an important part of their health and prosperity," she said July 7, noting that the L.A. River presents a "great example" of a degraded urban river that could benefit from federal protection. "Because we all know the value of this river and its watershed, we're working to transform it. We want this to be a place where people can walk, bike or picnic. We want it to be an asset that can help attract new businesses -- revitalizing the community and creating local jobs," she said. To bolster the program's efforts, the agency's Office of Solid Waste and Emergency Response -- which oversees EPA's brownfields program for remediating and redeveloping contaminated sites -- is a "co-partner" in the initiative, Shapiro said. "We are certainly not starting from scratch," Shapiro said, adding that the agency has tried to identify ongoing work that could be adapted to the initiative. As one indication of the role redevelopment could play in the program, Shapiro said that the number of restored acres of urban waterfront is one metric the agency is considering to measure the success of the initiative. Other possible measures are improved water quality conditions, dollars leveraged for community investment, the number of urban water improvement projects initiated with EPA support and pounds of trash collected, Shapiro said. The informed source says that addressing environmental justice is closely linked with the addressing the economic concerns of the community. "I just think there are communities across our nation that have suffered more environmental injustice than others. There are Superfund sites that need to be cleaned up, there is environmental restoration that can occur . . . I think addressing the economic concerns of a community go hand in hand with addressing the environmental concerns of that community," the source says. However, some members of the NEJAC raised concern that past efforts to revitalize urban waterfronts has led to gentrification that forces out the environmental justice community the effort was supposed to help. Elizabeth Yeampierre, the chair of NEJAC, said that once waterfronts are cleaned up, the community -- and often the nearby manufacturing jobs -- are pushed out by luxury development. Shapiro said that the community planning process must anticipate retaining the community. However, he noted that EPA does not have direct authority over land use and that the issue is better addressed through other agencies partnering with EPA on the effort. Environmentalists are welcoming EPA efforts to clean up and redevelop urban waters but are concerned that EPA is not doing enough in its regulatory programs to limit harmful runoff. David Beckman, senior attorney with the Natural Resources Defense Council, recently welcomed Jackson's efforts to revitalize urban waters but questioned why the agency's draft stormwater permit for the District of Columbia -- considered a model for other urban areas -- was not strict enough. "EPA's much-awaited regulatory blueprint for controlling polluted runoff in the nation's capitol--billed by EPA, itself, as a new, twenty-first century effort--is so perplexing," Beckman wrote in a recent blog post. "Washington, D.C. area waters, such as the Anacostia, are heavily polluted and have been, until recently, neglected and overlooked. There can be no more fitting place to make an Urban Waters Initiative real by effectively controlling the pollution source that often makes such rivers foul." -- Kate Winston. _top of page_ (mip://042b3aa0/default.html#top) ____________________________________ EPA Faces Legal Pressures To Make Decision On Landmark Antidegradation Plan Environmentalists are asking a federal court to force EPA to finalize its review of an antidegredation implementation plan submitted nearly a year ago by the state of Kentucky, a move that could eventually set a precedent for what the agency requires in other state programs to protect pristine waters. The environmentalists’ suit could also have key regional impacts as activists hope the agency’s review will result in a re-write of the state’s antidegredation rules to remove loopholes they say allow coal mining companies to dodge oversight. But they fear the suit is more likely to result in further procedural fights and litigation over the state’s plan that has been in limbo for more than a decade. In a Sept. 10 lawsuit, groups Kentucky Waterways Alliance (KWA), Kentuckians for the Commonwealth and the Sierra Club say EPA has waited too long to approve or disapprove Kentucky’s most recent antidegredation plan, which the state submitted for agency review last November. It’s the latest version of a plan that has been proposed, disapproved, overturned in court or otherwise remained unfinalized since 1995, activists say. Antidegredation policies require states to ensure that pristine waterways are not degraded, even if they exceed Clean Water Act (CWA) water-quality standards and to ensure that waters’ designated uses, such as fishable and swimable, are not degraded. But there is little if any case law on the scope of the authorities and none on how the requirements must be implemented. In one of the first appellate rulings on the scope of EPA’s authorities, the U.S. Court of Appeals for the 6th Circuit in a 2008 ruling, Kentucky Waterways Alliance, et al. v. Stephen Johnson, et al., partially upheld EPA’s approval of Kentucky’s antidegradation program but remanded portions of the agency’s decision to EPA. Activists say Kentucky’s plan does not live up to these standards and is riddled with loopholes that allow activities such as coal mining, road construction and stormwater runoff to proceed without effective oversight. In the lawsuit, filed in the U.S. District Court for the Western District of Kentucky, activists say EPA “has failed to perform a mandatory duty” under the CWA by failing to rule within 90 days on whether it approves or disapproves of Kentucky’s antidegredation plan. It asks the court to declare EPA in violation of the act and issue an injunction requiring the agency to decide on the antidegredation plan within 30 days. Waiting For Policy “We are tired of waiting for a properly protective policy,” KWA executive director Judith Petersen said during a Sept. 10 conference call. “And subsequently, we are filing this action today to urge US EPA to do what is actually their mandatory duty under the Clean Water Act, and that is to rule on the Kentucky regulations.” EPA has said it hopes to complete its review of the antidegradation plan by this fall. The agency also is currently considering changing its rules governing how states set and implement water quality standards, including antidegradation requirements. According to an agency presentation from a meeting last month on the proposed rule changes, EPA believes there is confusion concerning what implementation methods states must include in their antidegradation plans and EPA’s oversight authority. To address this, EPA is suggesting that it could require antidegradation implementation methods to meet certain minimum requirements and to submit them to EPA for review and approval. Despite EPA efforts to clarify its rules, the activists say Kentucky’s proposed antidgredation plan is inconsistent with the 6th Circuit’s ruling that remanded the rule to EPA and continues to be inconsistent with the requirements of the water act. EPA is expected to object to at least some of the Kentucky plan and require state regulators to revise it. While EPA could step in and rewrite the Kentucky plan itself, environmentalists seem skeptical that will happen, instead predicting that disputes over the plan will continue with weak proposed revisions from the state, complaints from environmentalists in public comments and potential further rejection by EPA and continuing lawsuits. “We find ourselves . . . waiting for the umpire to make a call so we can start the next inning,” said Albert Ettinger, a senior attorney with the Environmental Law & Policy Center. At issue in the lawsuit is the lack of a so-called Tier II standard for waterbodies that would require maintenance of water quality in excess of a level “necessary to support propagation of fish, shellfish, and wildlife and recreation in and on the water,” a standard typically referred to as maintaining fishable and swimable waters. “The antidegradation requirements of the federal water quality standards are essential to the maintenance and enhancement of the water quality of the Commonwealth of Kentucky,” the activists argue in their lawsuit. “ Kentucky has consistently failed and continues to fail to adopt Tier II criteria and implementation procedures that are sufficiently broad, protective, and consistent with federal water quality standards.” Kentucky’s Plan Is Flawed Environmentalists say Kentucky’s antidegredation plan is flawed in several ways and does not provide proper protections to high-quality waters in the Commonwealth that are capable of supporting aquatic life. A key concern for the groups is that the plan exempts from antidegredation reviews mining activities authorized under the state’s general National Pollutant Discharge Elimination System (NPDES) permit for the sector. EPA just last year approved the five-year general NPDES permit for surface mines and has acknowledged that it is does not have authority to change the permit until it expires, upsetting environmentalists who fret that the vast majority of coal mining in the commonwealth is covered by the general permit, hindering other EPA efforts to crack down on the controversial practice of mountaintop mining in Kentucky and other Appalachian states. However, if EPA were to reject Kentucky’s antidegredation plan and write a stricter replacement that eliminated the general permit exemption, it could force companies to perform more thorough antidegredation reviews to ensure that pristine waters are not being polluted and that there is a socioeconomic justification for any pollution they will create. Requiring antidegredation analyses would provide a fuller “opportunity for somebody to look at the permit carefully because that’s not what’s happening now,” Ettinger said during the conference call. Petersen said that under the general permit mining companies only have to submit a superficial impact analysis that typically is the same from site to site and does not account for whether discharges will affect higher quality streams or have other localized impacts. She also said the public only gets 15 days to comment on those submissions, compared to 30-day comment periods that are more typical under federal law. _top of page_ (mip://042b3aa0/default.html#top) ____________________________________ Activists Seek Pollutant-Specific Limits In New EPA Water Antidegradation Rules Environmentalists are outlining a series of new antidegradation requirements they want to see as part of EPA’s revision to its water quality standards rule, including pollutant-specific standards to define impaired waters, stricter oversight of antidegradation implementation plans and more public participation in state regulatory efforts. In recent comments submitted to EPA, environmentalists also seek broader requirements for states to include so-called Tier I implementation methods in antidegradation regulations. Activists say that explicit Tier I requirements are necessary to immediately provide minimum protection to all waters, even if more stringent rules are being developed, and to set controls for nonpoint sources of water pollution that are left out of other requirements. Antidegradation policies require states to ensure high-quality waters are not degraded, even if they exceed Clean Water Act (CWA) standards, and to maintain waterbodies’ designated uses, such as fishing or recreation. Activists in their comments are focusing most heavily on proposed revisions to antidegradation requirements. EPA last year formally launched a rulemaking to revise its water quality standards regulations, and in recent months has started reaching out to stakeholders for input. Among the updates the agency is considering are measures to tighten state antidegradation programs, which aim to maintain pristine waters; clarify how states designate particular uses for waterbodies; and limit the use of variances, which allow states to waive water quality standards. As part of the antidegradation planning process, states establish a three-tiered system to define waterbody uses and the level of protection they need. Tier 3 standards are assigned to outstanding waters whose quality exceeds existing standards; Tier 2 standards are assigned to high quality waters that can support recreation and wildlife; and Tier 1 standards apply to all other uses of a waterbody, such as industrial or agricultural. In comments filed Sept. 3 on the upcoming water quality standards rule, several environmental groups note that existing policy allows a state to avoid assigning Tier 2 standards if they identify just a single pollutant that impairs a waterbody, thereby lowering the threshold to contribute additional pollutants to the waterbody. The groups, including Clean Water Network, Mississippi River Collaborative and Environmental Law & Policy Center (ELPC), say states should apply Tier 2 antidegredation standards based on particular pollutants. “It is contrary to the basic policy of the Clean Water Act . . . to allow a water body to be unnecessarily degraded as to a pollutant for which it is meeting standards because it is not meeting standards as to another pollutant or pollutant parameter,” the groups say, adding that EPA should require Tier 2 protection for “all water bodies that support any significant recreational and aquatic life.” Tier 2 protections are intended to prevent anything beyond a de minimis degradation in water quality without a demonstration that the proposed discharge of pollutants is necessary and important for broader social and economic goals. But activists say states can avoid applying those standards if a waterbody exceeds applicable criteria for just a single pollutant. For example, activists in Kentucky, who are challenging the state’s antidegradation implementation plan, say the state could define a waterbody as impaired because it exceeds criteria for pathogen pollution and avoid strict oversight for permits seeking to contribute additional pollution. “What Kentucky is saying in these cases is that because you have fungal foot you might as well have cancer,” said ELPC’s Albert Ettinger during a Sept. 10 press call on environmentalists’ efforts to force EPA to rule on the state’s antidegradation implementation plan. State Implementation Methods The environmentalists also say EPA should “require states to more explicitly set forth their implementation methods” to maintain antidegradation plans. EPA is required to approve implementation plans, but there is relatively little case law covering the scope of its authorities and how the requirements must be implemented. In one of the first appellate rulings on the scope of EPA’s authorities, the U.S. Court of Appeals for the 6th Circuit in a 2008 ruling, Kentucky Waterways Alliance, et al. v. Stephen Johnson, et al., partially upheld EPA’s approval of Kentucky’s antidegradation program but remanded portions of the agency’s decision to EPA. Environmentalists have returned to court asking for a decision from EPA on the Kentucky program, arguing it has exceeded CWA deadlines to approve or disapprove of it. Meanwhile, another environmental group, Northwest Environmental Advocates (NWEA), in Sept. 8 comments is urging EPA to make a number of changes to its water quality standard program, including revamping its so-called Tier I requirements to fill regulatory gaps and require states to address nonpoint sources of water pollution. The group also backs using a parameter-by-parameter approach to protecting higher quality waters. States’ implementation of this antidegradation program has failed so far, especially regarding Tier I protections, NWEA says. “[D]espite its importance to water quality protection and restoration, and EPA’s clarity that antidegradation is a part of water quality standards, antidegradation policies are routinely ignored by states,” the group says. To address these problems, EPA should require states to set explicit Tier I implementation methods in regulations -- including controls for nonpoint sources -- to set minimum protections that would immediately apply to all waters, NWEA says. The requirements would also apply to other agencies that establish management practices for nonpoint sources, the group says. Implementation methods could range from narrative requirements and performance expectations to specific numeric provisions, the group says. For example, states could require forested riparian buffers to prevent excess sedimentation and toxics, or require a variety of baseline nonpoint source controls. These requirements would fill several regulatory gaps, NWEA says. Tier I requirements could provide minimum protection during the often lengthy process of adopting a total maximum daily load (TMDL), which creates a pollution budget to restore water quality. The implementation methods would also protect waters that violate narrative criteria but have not yet been scheduled for a TMDL or waters that have criteria for toxic pollutants are set below levels that can be detected, NWEA says. The requirements could also fill gaps in Tier II requirements, which have no mechanism to prevent nonpoint sources from lowering water quality that currently meets water quality criteria, the group says. Explicit Tier I protections “would be the minimum and . . . would not be sufficient in all cases, to ensure protection (and restoration) of existing uses and the water quality necessary to support them. However, such protections would go a long way to improving and preserving water quality,” NWEA says. _top of page_ (mip://042b3aa0/default.html#top) ____________________________________ Despite High Legal Bar, Industry Seeks To Block EPA's Mining Guidance Despite a high legal bar, the mining industry is seeking to block EPA's mountaintop mining guidance, charging it has the effect of a regulation but has not been subject to a proper rulemaking procedure -- the latest effort by both industry and environmental groups who are challenging EPA's growing use of guidance and other “interim” approaches. The National Mining Association (NMA) Sept. 17 asked a federal district court in Washington, DC, to block EPA from imposing new requirements on Clean Water Act (CWA) permits because the “interim” guidance document and a separate agreement with other federal agencies have the effect of new rulemaking efforts that were not implemented through formal procedures outlined in the Administrative Procedure Act (APA) and violate the water law. The industry strategy seems aimed at heading off expected arguments from EPA that its new requirements are not yet ripe for judicial review because the agency has largely avoided taking “final” action to prevent mining permits from being issued. Drawing heavily from the landmark ruling in Appalachian Power v. EPA, a 2000 federal appeals court decision that rejected EPA efforts to impose new requirements through a guidance document, NMA argues that EPA's surface mining guidance is having a similar effect and should be thrown out. NMA's challenge to the mining guidance mirrors arguments raised by environmentalists in a separate case pending before the U.S. Court of Appeals for the D.C. Circuit -- Natural Resources Defense Council v. EPA -- that argues EPA guidance to states on imposing fees for ozone emissions is subject to court review because it reinterprets requirements of the Clean Air Act. State officials are also increasingly concerned about EPA's mechanisms for implementing guidance and other informal requirements and recently began considering their options to counteract EPA's growing efforts to object to state-issued permits as a way of forcing adoption of "interim" policy guidance and strict new pollution limits in a number of different environmental media. Tough Legal Tests But winning such legal arguments can be difficult as key courts have generally resisted challenges from private parties, finding that the agency documents are not “final” decisions subject to judicial review. The fundamental question in cases challenging guidance documents and similar products is whether the documents have the effect of rulemaking, sources who have worked on similar cases say. “If the agency is telling you what they're likely to do in the future in this type of situation, then it's a guidance and it doesn't have any immediate impact. But if the agency is saying 'here's what we will do' . . . and it has an immediate impact then [courts are] going to hold that that's a rule,” says one lawyer who has represented other industries on similar challenges but is not involved in either pending case. The lawyer notes that challenges to guidance documents tend to be “highly fact-specific,” meaning that plaintiffs or petitioners need to demonstrate that the particular document being challenged is actually affecting regulatory policy. Some legal commentators, however, have noted that the Appalachian Power ruling is one of the few instances where courts have found guidance documents have legal force. "Unfortunately for those who liked the outcome in Ap palachian Power, it seems to have been the high-water mark for those wanting to circumscribe agency use of guidance," Seth Jaffe, a partner at Foley Hoag, noted in a 2009 posting on the firm's blog. Jaffe noted that in a 2007 ruling, Cement Kiln Recycling Coalition v. EPA, the agency successfully staved off an industry challenge to a risk assessment guidance protocol for hazardous waste combustion units by taking into account the standard the court set in Appalachian Power. "In response to Appalachian Power, EPA had edited the guidance to make it look less binding," he wrote. In a Sept. 17 filing, NMA asks the U.S. District Court for the District of Columbia to issue a preliminary injunction against EPA to prevent the agency from applying new standards for review of CWA section 402 and 404 permits it has outlined since the Obama administration took office. NMA is primarily targeting two documents in which EPA seeks to impose new standards for CWA permits, the April 1 guidance on “Improving EPA Review of Appalachian Surface Coal Mining Operations Under the Clean Water Act, National Environmental Policy Act, and the Environmental Justice Executive Order ” and a June 11, 2009, memorandum of understanding (MOU) between EPA and the Army Corps of Engineers establishing an “Enhanced Coordination Process” for issuing CWA section 404 permits. Dozens of pending 404 permits are being held up as they are subjected to the process called for in the MOU. Permitting System The group says its members are being denied their right to a consistent, predictable permitting system through the imposition of new requirements via the guidance and MOU and expected or proposed EPA objections to state- or Corps-issued permits. “This is all about [EPA] delaying ever saying yes or no,” a second industry source says. “We don't have a right to a permit, but we do have a right to a timely yes or no. . . . And we're being denied that.” NMA says in a 53-page memo filed in support of its injunction request that EPA is immediately applying new criteria in the guidance, despite the fact that it is still in “interim” form, undergoing public comment and based on science that has not yet been peer reviewed, and that the agency through the MOU is encroaching on the Corps' permitting role as defined by the CWA. The group says it has tried to work cooperatively with EPA and the Corps' to understand the new requirements, “despite NMA's belief that the agencies were subverting federal law. What has evolved however, is an unduly prohibitive and dramatically lengthened permitting process that is having immediate and irreparable effects” on its members, NMA argues in the memo. NMA argues that EPA is overstepping its statutorily defined role in reviewing 404 permits by redefining the various roles played by EPA and the Corps in the process. The MOU lays out new review criteria EPA will apply to proposed 404 permits, which are issued by the Corps, to determine what permits should be subject to increased scrutiny. Previously, EPA could just comment on proposed permits and had the option of “vetoing” selected sites for the construction of valley fills, which mining companies use to dispose of excess spoil in streams. NMA also argues EPA is violating CWA statute and regulation covering issuance of section 402 National Pollutant Discharge Elimination System (NPDES) permits, which states issue with oversight of EPA. Through the guidance, EPA says 402 permits should adhere to a benchmark value for conductivity, which measure salinity in water. NMA says that requirement amounts to an establishment of a regional water quality standard for conductivity, in violation of the CWA, which says states need to establish their own waterbody-specific quality standards. EPA's guidance and MOU should be considered “legislative rules” promulgated in violation of the APA and do not fall into categories for which Congress has created exceptions from notice-and-comment requirements, such as “ interpretive rules [or] general statements of policy,” NMA argues. It also cites Appalachian Power to argue that an “agency's characterization of its own actions is not controlling.” In response to the injunction request, an EPA spokeswoman says, “EPA issued this sensible guidance - which companies, stakeholders and elected officials all requested - because the agency believes Americans living in coal country should not have to choose between the economic benefits of coal mining and a way of life in the Appalachian mountains that depends on clean water and healthy watersheds -- we can provide both. . . . The guidance is based on emerging science and the law and sends a strong message that we are willing to work with companies to figure out how to mine coal while reducing the environmental and health impacts.” The EPA spokeswoman says of the 79 permits that were originally subject to the enhanced review outlined by the MOU, “only 36 remain pending a final decision and EPA is working to review these permits as expeditiously as possible. All of these remaining applications were filed during the previous administration and were delayed by lawsuits filed by coalfield citizens seeking to protect their communities.” -- Nick Juliano _top of page_ (mip://042b3aa0/default.html#top) ____________________________________ Expecting Pact With States, Activists, EPA Faces Industry Suit On Ballast Permit A pending industry lawsuit challenging EPA's commercial ship discharge permit appears set to move forward later this year, after EPA finalizes an expected settlement with state and environmentalist petitioners who had challenged the permit covering discharges of ballast water and other pollutants on separate grounds, according to new court filings. The case at issue, Lake Carriers Association v. EPA, pending in the U.S. Court of Appeals for the District of Columbia Circuit, consolidated several review petitions filed by industry, environmental and state petitioners challenging on various grounds the Bush administration's first-time National Pollutant Discharge Elimination System (NPDES) permit for vessels that was finalized in December 2008. Environmentalists assailed the permit as being too lenient while industry officials have focused their criticism on an extensive list of state-specific requirements that were included in the permit's appendix under section 401 of the Clean Water Act (CWA), which allows states to set conditions on federal actions to ensure their water quality standards are met. In the wake of the litigation, EPA pursued two tracks of settlement talks. Efforts to reach a settlement with industry petitioners collapsed earlier this year, while talks with environmentalist and state petitioners were more fruitful. In a joint Sept. 8 filing, EPA and the environmentalist/state petitioners say they "have reached a tentative settlement encompassing virtually all issues" and ask to sever their part of the case from the industry challenges and keep it on hold for another 75 days while they finalize a settlement. The settlement will be between EPA and petitioners Natural Resources Defense Council, National Wildlife Federation, Northwest Environmental Advocates and the state of Michigan. Details of the settlement remain unclear, but environmentalists have previously complained that the existing permit puts too little emphasis on implementing water-quality-based requirements, in favor of technology-based standards. EPA already has convened two scientific panels to provide recommendations for its next ship discharge permit, which will be finalized by 2013, and the early efforts to set strict standards for the next permit indicate that the existing permit is unlikely to be revised as part of a settlement agreement, contrary to earlier expectations. EPA says the next five-year general NPDES ship permit likely will include numeric limits for ballast water discharges, which the agency is regulating to control the spread of invasive species that can be transported between ports via ballast water. EPA has asked a panel of the National Academies of Science to examine water-quality based limits and a Science Advisory Board panel to examine available treatment technology in preparation for its next ship permit. Industry Challenge Industry petitioners Lake Carriers Association, American Waterways Operators and the Canadian Shipowners Association concur that the cases should be severed, so long as EPA does not use any settlement it reaches with the other petitioners "as a basis for opposing or seeking dismissal of Industry Petitioners cases," according to a separate industry filing. Industry challenged the permit over its inclusion of the state-specific discharge standards, which industry says were added to the permit after its proposal and notice-and-comment period without the proper time for review. Industry wants the permit to set a single national standard for discharges, saying the myriad state-by-state requirements complicate implementation. But states have generally argued that CWA section 401 allows them to attach conditions to federal decisions, such as the vessel permit, to ensure they are able to maintain water quality standards. EPA proposes a briefing schedule, with which industry concurs, that would have industry petitioners file an opening brief Nov. 1, to which EPA would respond by Jan. 31, 2011, and industry petitioners would file a reply by Feb. 21, 2011. The environmentalist and state petitioners will be allowed to intervene on EPA's behalf in the case, with their brief expected by Feb. 7 under EPA's proposed schedule. _top of page_ (mip://042b3aa0/default.html#top) ____________________________________ Utilities Looking To Include Water Projects In Infrastructure Bank Proposal Water utility industry sources say they are looking for an opportunity to make the case for including water projects in President Obama's proposal for a transportation infrastructure bank, arguing that water projects will more readily be able to pay back their loans and thus have a lesser impact on the deficit than transportation projects. President Obama announced on Sept. 6 that he would push Congress to pass a $50 billion initiative aimed at rebuilding the nation's transportation infrastructure -- including highways, airport runways and rail projects -- through an "infrastructure bank" model, which would allow states and municipalities to apply for low-interest loans to finance projects rather than have individual projects financed through earmarks or other means. The proposal is expected to be introduced as a prelude to a more comprehensive transportation bill, but several water utility sources say they are eager to convince Congress to broaden the scope of the infrastructure bank to allow it to include water infrastructure as well. One water industry source says it is not surprising that the Obama proposal is focused solely on transportation because such projects are highly visible -- a bonus in a highly contentious midterm election season. But the source says the fact the president is making a high-profile pitch to establish an infrastructure bank at all opens the possibility of developing the kind of proposal that water utilities can take advantage of. "We're a little disappointed that there was no mention of water, but we weren't really surprised," the source says. "But we very much believe that water projects are strong candidates" for federal support. Unlike most transportation projects, water projects have an inherent revenue stream from utility rate payers, another industry source says. That means the loans have a higher probability of being paid back, thereby keeping the bank's budget impact to a minimum and making the idea "more palatable for Congress and [the White house Office of Management & Budget]," the source says. One water utility group is already publicly calling for the inclusion of water projects in the infrastructure bank proposal. The American Water Works Association (AWWA), which represents drinking water utilities and has long been a supporter of the infrastructure bank idea, praised the Obama proposal in a Sept. 8 statement and strongly urged the inclusion of water systems in any such funding mechanism. "Because the bank would issue loans -- not grants -- it would have minimal impact on the federal budget and would require no new taxes," AWWA Executive Director David LaFrance said. "It's a fresh, sustainable approach to financing our nation's aging water infrastructure problem that strikes just the right balance between federal assistance and local responsibility." Dim Prospects Sources say that the omission of water infrastructure from the president's proposal is also less of a blow because of the initiative's dim prospects of passage this year, given the dwindling number of legislative days left in the 111th Congress and the Republican party's immediate and scathing criticism of the plan as a replay of the 2009 American Reinvestment & Recovery Act, known as the stimulus bill, which they say has failed to generate jobs or stimulate the economy. House Minority Leader John Boehner (R-OH) dismissed the plan as "more government stimulus spending" after the president's speech Sept. 6, while Rep. John Mica (R-FL), ranking member of the House Transportation & Infrastructure Committee, said the administration should take steps to streamline the funds appropriated under the 2009 stimulus bill rather than call for still more spending. Sen Jim Inhofe (R-OK), ranking member of the Senate Environment & Public Works committee and frequent advocate for the need for additional resources for infrastructure, called the initiative "all show for the election" in a Sept. 6 interview with the Tulsa World. A second industry source says the discussion of an infrastructure bank may in fact be little more than a campaign exercise, but that the issue may well be taken up in the next Congress and so industry is working on preliminary efforts to include water projects as part of that ongoing dialogue in the next Congress. "It may be a campaign talking point, but if that's the case, it may be looked at next year," the source says. "So preliminary work can be done to sort out what [a more comprehensive] infrastructure bank would look like." The source went on to say the question of whether it would be possible to get water projects into an infrastructure bank bill depends in large part on what legislation Congress takes up as a model. If such legislation is modeled on a bill that Rep. Rosa DeLauro (D-CT) introduced last year or a bill outgoing Sen. Chris Dodd (D-CT) introduced in the 110th Congress, then water projects would have an easier opportunity to apply for loans from an infrastructure bank. But if the bill is a strict transportation measure, the prospects for including water projects would be unlikely. "If they use existing bills, they're much wider -- they cover transportation, water, energy, public buildings," the source says. "If they're talking only about transportation infrastructure, it's hard to see how that would work.." ____________________________________

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WV-PA Watershed Groups seek new rules & enforcement
by Duane330＠aol.com 23 Sep '10

23 Sep '10

News Upper Monongahela River Association (UMRA) _W.Va. and Pa. Watersheds Seek Help from Lawmakers_ (http://www.google.com/url?sa=X&q=http://www.statejournal.com/story.cfm?func… 4&ct=ga&cad=:s1:f2:v0:d1:i0:lt:e0:p0:t1285207541:&cd=e8RqN9Y1t2c&usg=AFQjCNE nUIcaX-MbnmkNxItUx5cERqY-Rg) _State Journal_ () ... to speak with one voice on water quality issues in the Monongahela River basin. ... A year ago this week, TDS levels in Dunkard Creek reached crisis levels, the ultimate result of which was the death of some 22,000 fish and 14 species of mussels.

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CHEAT LAKE UPDATE --- Sept 13, 2010
by Duane330＠aol.com 13 Sep '10

13 Sep '10

CHEAT LAKE UPDATE..............September 13, 2010. The level of the water in Cheat Lake is down to a critical level, in my opinion. It is now at approximately 867.5 feet above sea level and digressing at about 0.02 feet per day. Less than 100 cubic feet per second of water is entering the Lake from all sources, so power cannot be generated and the current Lake level cannot be maintained unless we get rain soon. The last rain this past Saturday was only about 0.1 inches. The current Lake level is below the range for the normal summer pool height of 868 to 870 feet. There is not much water coming into the Lake and so the outflow is at the absolute minimum of 100 cubic feet per second (cfs) required by FERC. If the inflow from Preston County is adequate, the minimum outflow is normally 212 cfs. And, when electrical power is being generated, each of the four generators uses up to 2000 cfs. If you have floating boat docks, be sure to check them periodically to ensure that the low Lake level does not cause damage to the connections. Allegheny Energy is starting today to remove the No-Wake Buoys and Day Use Boat Docks from the Lake. At the end of October, the Lake level will be lowered substantially. During the first week of November, the Lake level will be sufficiently low that a Lake Level Indicator can be installed on the I-68 Bridge over the Lake. And, this will provide a very short opportunity for dock maintenance while the Lake level is down. For more information and timely statistics on the Lake, please see: _www.cheatlaketoday.com_ (http://www.cheatlaketoday.com)

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Bow Hunting for Deer on the Shoreline
by Duane330＠aol.com 10 Sep '10

10 Sep '10

To: CLEAR members and friends RE: Deer hunting with bow and arrow near Cheat Lake Some residents who own shoreline properties have proposed bow and arrow hunting for deer on their residential lots this coming October and possibly November and December. I believe that this is unsafe and a risk to users of the Lake, be they swimmers, in canoes, in kayaks or other boats. Fishing boats of various sizes and types use the Lake year around. If shooting is toward the Lake, then clearly anything on the Lake would be at risk. If shooting is away from the Lake, then anything on the road in front of the residence would be at risk. If shooting is parallel to the road or shoreline, then the other residents that are adjacent would be at risk. Your thoughts and considerations are solicited at this time. Thank you, Duane Nichols [304-216-5535]

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EPA promotes healthy waters
by Duane330＠aol.com 08 Sep '10

08 Sep '10

EPA MEETING ON THE EFFECTS OF HYDRAULIC FRACTURING CHANGED TO SEPT. 13 AND 15 A public meeting originally scheduled for August 12 to discuss the effects of hydraulic fracturing on drinking water has been changed. Two sessions will now be held on Sept. 13th and 15th at the Broome County Forum Theater in Binghamton, N.Y. Registered speakers will have the opportunity to directly provide verbal or written comments on their views to EPA. Please pre-register for the meetings online at _hfmeeting.cadmusweb.com_ (http://hfmeeting.cadmusweb.com/) (http://www.epa.gov/epahome/exitepa.htm) or by calling 866/477-3635 until 5 pm, Sept. 10. For additional questions or comments, please email _hydraulic.fracturing(a)epa.gov_ (mailto:hydraulic.fracturing@epa.gov) . >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> HEALTHY WATERS BLOG CURRENT HIGHLIGHTS _Not Quite Trading Cards_ (http://blog.epa.gov/healthywaters/2010/09/themes/contaminants/not-quite-tra…) This blog introduces water quality trading which is being implemented as a cost-effective way to reduce pollution without compromising environmental protection. It is considered a faster way to achieve pollutant reductions, and to enable a watershed to achieve its water quality goals. What do you think are the potential benefits of such a program? _Extreme Makeover Land Edition_ (http://blog.epa.gov/healthywaters/2010/09/themes/contaminants/not-quite-tra…) You'd never know that this now revitalized property on the banks of the Susquehanna River in Lancaster County had been a century-old abandoned site used for illegal dumping. But EPA's brownfields program was able to launch and cleanup this 25-acre riverside land. Do you know of other properties that could use similar makeovers? Let us know. Visit the Healthy Waters Web site at _http://blog.epa.gov/healthywaters/_ (http://blog.epa.gov/healthywaters/)

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Prescription Drug Take-Back Day Recommended
by Duane330＠aol.com 01 Sep '10

01 Sep '10

Protect our community and our waterways.............. Prescription Drug Take-Back Day, September 25th _http://ee.dominionpost.com/Repository/ml.asp?Ref=RFBvc3QvMjAxMC8wOS8wMSNBcj AyNTAy&Mode=Gif&Locale=english-skin-custom_ (http://ee.dominionpost.com/Repository/ml.asp?Ref=RFBvc3QvMjAxMC8wOS8wMSNBcj… kin-custom) _http://www.justice.gov/dea/index.htm_ (http://www.justice.gov/dea/index.htm) nationwide!

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Mon River at Risk from Pollutants
by Duane330＠aol.com 24 Aug '10

24 Aug '10

Silty, salty Monongahela River at risk from pollutants By Tim Puko, PITTSBURGH TRIBUNE-REVIEW, Tuesday, August 24, 2010 _http://www.pittsburghlive.com/x/pittsburghtrib/news/pittsburgh/s_696233.htm l_ (http://www.pittsburghlive.com/x/pittsburghtrib/news/pittsburgh/s_696233.html) The Monongahela River is at a crossroads. Not just at the Point, where the dark, silty Mon -- lifeblood to heavy industry -- merges with the clearer Allegheny. The Mon might be one of the country's most endangered rivers, according to scientists studying the river. Since 2008, the river has filled each summer with levels of contaminants higher than in at least 10 years. What role the region's gas boom might play in the pollution is unknown. State environmental officials are employing stronger regulations and may ask for federal intervention to save the river from new threats and a legacy of mine pollution. "There's been dry seasons before, and it's never affected everything as much as it has now," said Mark Stoner, a chemist with the Pittsburgh Water & Sewer Authority and chairman of RAIN, the River Alert Information Network, an alliance of about 30 water utility companies. "I have colleagues who are in RAIN that worked on the Mon, and they've not seen this in 20 years, not to these levels at all. ... This is not normal." The problem started in late summer 2008. A pollutant that scientists call "total dissolved solids" turned the water smelly and sour for some of the 1 million people in Pennsylvania and West Virginia who get drinking water from the Monongahela basin. After decades of improvement to the river, the pollution surprised water experts from around the region. Total dissolved solids, or TDS, is a catchall term for different minerals that essentially turned the river into mild saltwater. It was only about 3 percent the strength of ocean water, but that's high enough to violate the state's secondary drinking water standards for taste and smell. As river flow decreased in the dry summer, high levels returned for shorter spells in 2009 and this year since late July. Scientists at the Department of Environmental Protection, West Virginia University and Carnegie Mellon University began analyses of chemicals in the river. Drilling for natural gas in the Marcellus shale caused more than a fifth of the pollution in 2008 because drillers diluted wastewater by dumping it into the river through sewage treatment plants, according to RAIN and the DEP. But DEP stopped most of that with new rules; gas wastewater probably doesn't cause more than 5 percent to 10 percent of pollution now, said Ron Schwartz, assistant director of the department's southwest region. Gas drillers are adamant their expanding industry isn't responsible for the river's pollution. "You'd have salt trucks lined up from here probably all the way to Wyoming to make that much impact on the water," said Tony Gaudlip, the water operations manager at Range Resources Corp., which essentially discovered the Marcellus shale. The Houston, Texas-based company has offices at Southpointe. Gaudlip blames acid mine drainage for the problem, and other scientists agree it caused most of the Mon's pollution for decades. Power plants started to screen out harmful metals from their exhaust to meet air quality standards and dump that pollution instead into the river, Schwartz said. This spring, the DEP began the process to have the river designated as "impaired," which would allow the federal government to set standards for river polluting. The Environmental Protection Agency would commission a study to determine limits for industrial dumping of total dissolved solids in the river. The DEP is implementing its own strengthened standards. Starting this week, gas drillers must treat wastewater to secondary drinking level standards -- solids must be fewer than 500 milligrams per liter -- before dumping it into the river. Most other industries have limits four times as high, and abandoned coal mines -- which fill with water -- are exempt, Schwartz said. Ken Zapinski, senior vice president at the Allegheny Conference on Community Development, said targeting gas drilling wastewater is unfair and adds to the false perception that the gas industry is to blame for the Monongahela's condition. "We hoped that further work would be done to document where the TDS is originating from," he said. There's no scientific consensus that shale drilling isn't playing a role. The industry uses millions of gallons of water per well; a lot of that water comes from the Mon and its tributaries, which means the river has less water to dilute pollutants, Stoner and Schwartz said. In parts of the Mon, the river flow is less than half of what it usually is this time of year, and September often brings even drier conditions, according to the Army Corps of Engineers. Some early indicators from about a year's worth of detailed readings show more evidence of salt, a sign of the shale drilling industry, said researchers at West Virginia and the University of Pittsburgh. The change in the Youghiogheny River tributary has been especially dramatic, said Paul Ziemkiewicz, director of the West Virginia Water Research Institute. That river historically was low in TDS, mostly from calcium sulfate, the signature chemical of mine drainage, he said. But readings since January show the number doubled, primarily from salt, sodium chloride. "Something is dumping a lot of sodium chloride in the water. Where that's coming from, I don't know. But one might suggest (gas drilling wastewater) was getting into the Yough," Ziemkiewicz said. "I think if we ... don't get a grip on fluid disposal, we could have some serious problems."

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<clear> Proposed Landfill near Bruceton Mills for Drilling By-Products
by Duane330＠aol.com 27 Jul '10

27 Jul '10

Friends of the Cheat has been informed that a developer is proposing to build and operate a 150 acre industrial landfill about 1 mile south of Bruceton Mills, in the Big Sandy sub-watershed (please see attached map). The WV Department of Environmental Protection has been informed about this potential project, but has yet to receive the Class F industrial landfill permit application. Friends of the Cheat was advised to contact the Preston County Solid Waste Authority to find out more information, but has yet to receive a response. We were also informed that local landowners may have already sold land in the areas of interest but we do not know this for certain. According to the information provided to Friends of the Cheat, the landfill, a proposed solid waste facility, would serve as a disposal site for residual brine from natural gas drilling operations. Residual brine is a term for a by-product of Marcellus shale drilling, specifically a process called hydro fracturing or fracing. Water recovered from the fracing process contains a variety of proprietary compounds in addition to high levels of salt. The environmental impacts of these fluids is yet to be determined and many aspects of the process is currently unregulated here in West Virginia. Other pollutant threats include sediment from construction and increased truck traffic. Friends of the Cheat is concerned about this potential development. The Big Sandy sub-watershed was the first local area successfully restored from the impacts of abandoned mine drainage (AMD) pollution. A collaboration of partners, agencies, and individuals logged many hours and contributed millions of dollars to bring the Sandy back. This success story was recently highlighted in Trout Unlimited's report, "Restoring the Wealth of the Mountains: Cleaning Up Appalachia's Abandoned Mines": http://www.tu.org/atf/cf/%7BED0023C4-EA23-4396-9371-8509DC5B4953%7D/TU%20AMD %20report.pdf “The Little Sandy doesn’t look like most streams polluted by mine drainage,” says Bill Thorne of the TU P. Pendleton Kennedy Chapter. “It looks like a healthy stream lined with boulders, riffles and good forest canopy.” The Little Sandy used to hold thriving trout populations, but extensive mining in the middle of the 20th century led to their demise. “A lot of people looked at us like we were crazy for trying to bring back Little Sandy, because they thought the stream would be dead forever,” says Thorne. “But a few of us saw that the water’s worst was in its past and that we could help it in the future.” Working through the River of Promise framework, several mine drainage treatment technologies were installed along the Little Sandy and its feeder streams during the late 1990s. Notably, several of these projects were made possible by the OSM Appalachian Clean Streams Initiative. The National Mine Lands Reclamation Center at West Virginia University was also a key player, adding both the experience and ability that come from years of exploring mine drainage issues. These combined efforts paid off. In 2002, state fisheries biologists discovered many young-of-the-year brook trout in a Little Sandy tributary to which a team of volunteers, including many TU members, had transferred brook trout during the preceding year. Because brook trout cannot survive without clean, cold water, the fact that natural reproduction was occurring was a significant sign of progress for the watershed. In addition to providing habitat for West Virginia's most popular game fish and state fish, the brook trout, the Big Sandy is a getaway for whitewater enthusiasts. Referred to as "a pristine whitewater jewel...unlike anything else on the east coast," the Sandy hosts a variety of rapids that will challenge top notch kayakers (lower Sandy) and entertain the family (upper Sandy). http://www.youtube.com/watch?v=8RVqglTw-6Q&feature=channel The Big Sandy and its tributaries also provide valuable fresh water resources to the local community, which includes some of Preston County's most valued farm land. Friends of the Cheat encourages concerned individuals and groups to stay informed and ask questions about the proposed landfill. The permitting process requires public meetings, but it is imperative that the research and conversations begin now so everyone is prepared for a healthy discussion based on facts. Please distribute this e-mail and information to community members, fisherman, boaters, environmental advocates and anybody downstream so we can work together to protect the Sandy. Sincerely, Amanda Pitzer Executive Director Friends of the Cheat

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proposed TMDL's for Cheat watershed streams
by Duane330＠aol.com 26 Jul '10

26 Jul '10

CLEAR members and friends. We very much need some people interested in the Cheat watershed to attend one or both the meetings below. I'll be on my annual vacation trip with family until August 8th. Duane Nichols ============================================================ Monday, July 26, 2010 @ 5:01 PM ============================================================ The West Virginia Department of Environmental Protection (DEP) will conduct the first of two public meetings on draft Total Maximum Daily Loads (TMDLs) for selected streams in the Cheat Watershed at 6:30 p.m., Tuesday, Aug. 3 at Camp Dawson’s Armed Forces Reserve Center in Kingwood, Preston County. The Armed Forces Reserve Center is located approximately one mile west from the intersection of Route 7 and River Road. Route 7 also is known as Main Street and Veterans Memorial Highway. The meeting was originally listed for a different location at Camp Dawson (240 Army Road) but was moved to the Reserve Center. The second meeting for draft Cheat Watershed TMDLs is set for 6:30 p.m., Wednesday, Aug. 4 at Blackwater Falls State Park in Davis. The public meetings are intended to present a general discussion of the TMDL development process and to answer questions regarding the proposed TMDLs. A TMDL is a plan of action used to clean up streams not meeting water quality standards. Each of the streams under TMDL development has been identified as violating state water quality standards and the federal Clean Water Act requires TMDL development for them. TMDLs are being developed for fecal coliform bacteria, aluminum, iron, manganese, pH and biological impairments for selected streams. The DEP invites public comment on all aspects of the draft TMDLs. The comment period began July 26 and extends through Aug. 23, 2010. Written comments may be submitted by U.S. Mail and electronic mail. The preferred form for comment submissions is e-mail or disk in order to expedite the review and response process. Written comments should be postmarked no later than Aug. 23, 2010. Comments should be sent to: Steve Young, West Virginia Department of Environmental Protection, 601 57th Street, Charleston, WV 25304. E-mail: stephen.a.young(a)wv.gov Draft documents may be viewed at: www.dep.wv.gov/WWE/watershed/TMDL/grpa/Pages/default.aspx

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Work session this Wed. @ 9:30 am
by Duane330＠aol.com 20 Jul '10

20 Jul '10

CLEAR Work Session. We will have a work session at the Millstone Point, just south of the Day Use Boat Docks near the Morgan Run Backwater, on Wednesday, July 21st starting at 9:30 am. Each person must sign it at the Guard House and indicate that they are working with CLEAR. The work involves the cutting of vines and underbrush, the collection of debris from the land and shoreline between Millsone Point and the Day Use Boat Docks. We will then be able to use this area for "swimming at your own risk". There is poison ivy in the tree grove along the shoreline. So, please bring boots, pants, long sleeve shirts and gloves. Also, much of the debris is in the water, so some wading and handling of wet tree limbs may be involved. (Chad Pierskalla sprayed much of the poison ivy yesterday, but we didn't get it all and it will take some time to eradicate it.) Let me know if you have questions. And, let me know if you can participate. This location on Cheat Lake is very beautiful and the view of the trail, lake and dam are excellent. Duane Nichols, CLEAR Cell: 304-216-5535

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CLARIFICATION --water withdrawal monitoring
by Duane330＠aol.com 15 Jul '10

15 Jul '10

CLARIFICATION Last week Friends of the Cheat was notified that the WV DEP had issued guidance against water withdrawals from WV streams. Because there is no current rule mandating water withdrawals the guidance is open to interpretation and also not enforceable. From what we understand inspectors are open to interpret this guidance and determine whether withdrawals are appropriate. Still, if you see something that concerns you--please report it to the WV DEP Oil and Gas office. I apologize for any confusion. Below is the direct quote from WV DEP: By James Martin, WV DEP: “Please get word out to the inspectors that under the current conditions, flows in many streams, perhaps most streams, are not going to be at sufficient levels for withdrawals. _If they witness such activity and it is clear that the flow is too low they should stop the activity immediately_. If they have a question about the flow conditions, they can contact the office to check the stream gage information through the withdrawal tool”. *WV DEP Office of Oil and Gas* Preston County inspector: Bryan Harris (304) 553-6087 Mon County inspector: Tristan Jenkins (304) 552-3874 Inspector supervisor: Dave Belcher (304) 926-0499 ext. 1647 (304) 389-7590 cell Amanda Pitzer Executive Director Friends of the Cheat www.cheat.org Find your place on the planet. Dig in, and take responsibility from there. - Gary Snyder

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Update on Dunkard Creek @ OLLI
by Duane330＠aol.com 10 Jul '10

10 Jul '10

LATEST UPDATES ON DUNKARD CREEK FISH KILL AND WATER QUALITY ISSUES NOTE! If you are not a member of OLLI –WVU (see below), and plan to attend, we ask you email Don Strimbeck at _dcsoinks(a)comcast.net_ (mailto:dcsoinks@comcast.net) , stating you plan to attend. We need to ensure we got enough seats for attendees!! Wednesday 14 July, 6:30-8PM, Mountaineer Mall, Morgantown WV. Barry Pallay informed me (Strimbeck) that this meeting is open to the PUBLIC and NEWS MEDIA. Osher Lifelong Learning Institute at WVU http://www.olliatwvu.org/ Wednesday, 6:30 p.m. – 8:00 p.m. "The Dunkard Creek Fish Kill and the Future of Our Streams and Drinking Water" Barry Pallay, Frank Jernejcic, and Wallace Venable, July 14 Classroom A Recent incidents involving the quality of drinking water and the fish kill on Dunkard Creek have drawn attention to issues related to treating waste water, especially during exceptional stream flow situations. Both incidents involved high levels of Total Dissolved Solids (TDS) resulting from human activity. This class will provide an opportunity to learn more about the TDS problem and methods of mitigation. Barry Pallay is a chemical engineer, vice-president of the Upper Monongahela River Association (UMRA), and chair of the Monongahela River Recreation & Commerce Committee (MRRCC). During fisheries biologist Frank Jernejcic’s many years with the West Virginia Division of Natural Resources, he has observed both improvement and a number of disasters in water quality. Wallace Venable is a mechanical engineer, technical coordinator of UMRA, and webmaster for UMRA and MRRCC. Above meeting will be at OLLI classroom A at the Mountaineer Mall, Morgantown WV. Don Strimbeck, Sec/Treas, Upper Mon River Assoc, _www.UpperMon.org_ (http://www.UpperMon.org) Email: _dcsoinks(a)comcast.net_ (mailto:dcsoinks@comcast.net)

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Environmental Costs of Marcellus Gas
by Duane330＠aol.com 10 Jul '10

10 Jul '10

July 9, 2010 | Scientific American Concerns Spread over Environmental Costs of Producing Shale Gas The extent to which utilities will burn natural gas to slash carbon dioxide emissions tied to global warming is a national issue. But on the ground, where it's being produced, the issues become very local. By _Joel Kirkland_ (http://www.scientificamerican.com/author.cfm?id=2404) and _ClimateWire_ (http://www.scientificamerican.com/author.cfm?id=2308) : See the web-site below: _Concerns Spread over Environmental Costs of Producing Shale Gas_ (http://www.google.com/url?sa=X&q=http://www.scientificamerican.com/article.… hale-gas-concerns&ct=ga&cad=:s1:f2:v0:i0:lt:e2:p2:t1278759102:&cd=bLatCGsz14 E&usg=AFQjCNFw3B88RujfhjvcS_t2OiMqBE1DHA)

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Temporary Moratorium on Water Withdrawals
by Duane330＠aol.com 09 Jul '10

09 Jul '10

NOTICE.................................. In response to increased temperatures, lack of substantial rainfall, and overall depleted levels of surface and groundwater, the WV Department of Environmental Protection has issued a temporary moratorium on all water withdrawals for natural gas drilling operations. If you see what appears to be a tanker withdrawing water from a stream you are urged to contact the WV DEP Office of Oil and Gas. Please note specifically WHERE and WHEN you saw the withdrawal and any identifying characteristics of the vehicle (license plate #, company name, etc.) Enforcement starts with keen eyeslease help protect our precious water resources. Contact information is provided below: *WV DEP Office of Oil and Gas* Preston County inspector: Bryan Harris (304) 553-6087 Mon County inspector: Tristan Jenkins (304) 552-3874 Inspector supervisor: Dave Belcher (304) 926-0499 ext. 1647 (304) 389-7590 cell Violations: Helen Hardman (304) 926-0499 ext. 1650 Emergency Hotline: 1-800-642-3074 >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> Amanda Pitzer, Executive Director, Friends of the Cheat

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FRACing impacts on drinking water (EPA meeting)
by Duane330＠aol.com 07 Jul '10

07 Jul '10

EPA TO HOLD INFORMATIONAL MEETING IN CANONSBURG, PA ON A RESEARCH STUDY ADDRESSING HYDRAULIC FRACTURING'S POTENTIAL IMPACT ON DRINKING WATER "Hydraulic fracturing" is an increasingly common method to access Natural gas, but concerns are being raised about its impact on drinking water. EPA is hosting informational meetings to draft a study plan to study the potential adverse impact of fracking on drinking water. One of the meetings (one of four nationwide) will be held July 22 from 6-10 p.m. at the Hilton Garden Inn in Canonsburg, Pa. to plan and develop the study. The public is invited to comment on the draft study plan and must pre-register at _http://hfmeeting.cadmusweb.com_ (http://hfmeeting.cadmusweb.com/) (http://www.epa.gov/epahome/exitepa.htm) by Monday, July 19. _Click here for the schedules of all the informational public meetings_ (http://www.epa.gov/safewater/uic/wells_hydroout.html#meetings) which will also be held July 8 (Texas), July 13 (Colorado), and August 12 (Binghamton, N.Y.). For more information on hydraulic fracturing, go to _http://www.epa.gov/safewater/uic/wells_hydrofrac.html_ (http://www.epa.gov/safewater/uic/wells_hydrofrac.html)

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Tier 3 designation for trout streams
by Duane330＠aol.com 29 Jun '10

29 Jun '10

The Comment Period on Tier 3 Stream Nominations Is Now Underway On May 12 the West Virginia Department of Environmental Protection published official notification in local newspapers that it is proposing to add three streams located primarily on private land in Preston County to the Tier 3 stream list. Tier 3 designation would provide these streams on private land the highest level of protection under the antidegradation provisions of the federal Clean Water Act, and the three streams would be the first private-land streams designated since the Legislature adopted the new antidegradation provisions in 2008. The three streams are Watkins Run, Fill Hollow Creek, and an unnamed tributary of Fill Hollow Creek, all located in Preston County. They are classic, pristine West Virginia native brook trout streams that fully deserve to be protected from future degradation. You have until July 12, the end of the public comment period, to let DEP have your comments on adding these streams to the Tier 3 list. Here’s where to send your comments: Written comments on this proposal must be sent by U.S. mail, postmarked or hand-delivered by July 12, 2010, directed to: Scott Mandirola Attention: Tier 3 Nomination WV Department of Environmental Protection 601 57th Street, S.E. Charleston, WV 25304 Comments may also be sent by e-mail to _dep.comments(a)wv.gov_ (http://www.dep.comments@wv.gov/) . ---------------------------------------------------------------------------- ----- Background: This proposal is based upon a nomination the DEP received on November 23, 2009, to add the entire lengths of Watkins Run, Fill Hollow Creek, and an unnamed tributary of Fill Hollow Creek to the Tier 3 list. The nomination was made by Ladd Williams on behalf of Friends of Laurel Mountain. In his nomination, Mr. Williams documents that the streams are “abundant with aquatic insects and native brook trout.” The nomination also documents, among other things, excellent water quality in the streams, and includes petitions signed by an overwhelming majority of the adjacent landowners in support of the designation. The entire nomination package may be viewed by visiting the Water Quality Standards home page on the DEP’s Web site: _http://www.dep.wv.gov/wqs_ (http://www.dep.wv.gov/wqs) . Watkins Run was previously nominated and adopted as a Tier 2.5 (Waters of Special Concern) stream by the West Virginia Legislature in May, 2005. EPA approved this nomination in September, 2006 and Watkins Run was the state’s only Tier 2.5 stream from September, 2006 to September, 2009, at which time EPA approved the DEP’s recommendation to eliminate the Tier 2.5 designation from its water quality standards rule and adopt the new Tier 3 provisions. Tier 3 waters are also known as “Outstanding National Resource Waters” and are afforded a higher level of protection than Tier 1 and Tier 2 waters. Most native brook trout streams on public lands automatically qualify for Tier 3 protection. But streams primarily on private lands must be nominated for protection. Any interested party may nominate a water to be listed as an Outstanding National Resource Water. And DEP’s decision to list streams as Tier 3 waters no longer requires legislative approval. There are eight qualification criteria to be considered in determining whether to assign an Outstanding National Resource Water designation to a stream, as follows: Impact on private property owners Whether the interests of all affected parties have been adequately represented during the nomination and designation process Location of the water Previous special designations Existing water quality Factors that indicate outstanding ecological value Factors that indicate outstanding recreational or aesthetic value Other factors determined by the Secretary, when applicable Generally, nominations that fail to address at least three of the qualification criteria will be considered insufficient. The DEP has determined that Mr. Williams’ Tier 3 nomination satisfies the minimum criteria. Streams granted Tier 3 status are to be maintained, protected, and improved where necessary. Any proposed new or expanded regulated activity that would degrade the water quality, other than temporarily, is prohibited. This requirement only applies to point source discharges, such as sewage treatment plant and industrial discharges. It does not apply to non-point source activities, such as timbering, farming, and oil and gas drilling, as long as best management practices are implemented and maintained. WVRC has long campaigned on the Antidegredation and Tier 3 classification issue to protect the water quality of all the states rivers and streams. In 2008 the Legislature to eliminated the compromise Tier 2.5 antidegredation category, and finally initiated designation of Tier 3 waters across the state. Now is your chance to comment on these protections of our highest quality streams. Please send in your comments to DEP before the July 12 deadline. These Tier 3 designations are supported by the West Virginia Rivers Coalition, and they may be contacted at: _WV_Rivers_Update(a)wvrivers.org_ (mailto:WV_Rivers_Update@wvrivers.org) ............................................. To make a donation to support their work please _click here_ (https://npo.networkforgood.org/Donate/Donate.aspx?npoSubscriptionId=1002062) or call their offices at 304-637-7201.

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current EPA activities.............
by Duane330＠aol.com 28 Jun '10

28 Jun '10

EPA STRENGTHENS COMMITMENT TO REDUCE LEAD IN THE ENVIRONMENT EPA will notify the states by October 2010 whether they are attaining or not attaining the revised 2008 national air quality standards for lead. Once nonattainment designations take effect, the state and local governments will outline how they plan to attain and maintain the new, more rigorous lead emissions standards. Lead exposure can cause a range of adverse health effects, especially in children. EPA is seeking comment through Aug.16. For more information, go to _http://www.epa.gov/leaddesignations/_ (http://www.epa.gov/leaddesignations/) . EPA SEEKS PUBLIC COMMENT TO ADVANCE ADMINISTRATOR JACKSON'S SEVEN PRIORITIES TO PROTECT HUMAN HEALTH AND THE ENVIRONMENT EPA is seeking public comment on a draft plan to protect human health and the environment through the seven priorities: "taking action on climate change, improving air quality, protecting America's waters, cleaning up our communities, assuring the safety of chemicals, expanding the conversation on environmentalism and working for environmental justice, and building strong state and tribal partnerships." The public comment period closes July 30. Please submit comments at _http://www.regulations.gov_ (http://www.regulations.gov/) . (Docket ID number EPA-HQ-OA-2010-0486). For the draft plan, go to _http://www.epa.gov/ocfo/plan/plan.htm_ (http://www.epa.gov/ocfo/plan/plan.htm) .

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<FOC> Save our Streams WORKSHOP
by Duane330＠aol.com 28 Jun '10

28 Jun '10

Subject: Friends of the Cheat Offers Save our Streams Workshop Friends of the Cheat will host a Save our Streams training event on Friday, July 2nd starting at 10:00am at the Cheat River Festival Site in Albright. West Virginia Save our Streams Coordinator Tim Craddock will lead a hands-on workshop teaching techniques used to complete a stream bio-assessment. The bio-assessment consists of three basic elements: water quality analysis, physical characterizations, and an assessment of the benthic macroinvertebrate community. Benthic macroinvertebrates are the small, but visible, invertebrates that live on the bottom of streams. A majority of the day will be spent collecting and identifying benthic macroinvertebrates or ¨ macros¨. Macros provide food for fish and other important freshwater dwellers. The quantity and types of macros found help determine the health of a stream. Two very different streams will be examined during the training: a stream polluted with acid mine drainage (AMD), Muddy Creek at its mouth, and a healthy stream, the Muddy Creek headwaters. Anyone interested in participating should RSVP to Andrew Miller at Friends of the Cheat by phone at 329-3621 or via e-mail at _amiller(a)cheat.org_ (mailto:amiller@cheat.org) Participants should be prepared to get wet and bring a lunch Andrew Miller OSM/VISTA - Friends of the Cheat

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"Cheat Snail Seminar" Monday 10:45 am w/ directions
by Duane330＠aol.com 26 Jun '10

26 Jun '10

To: All interested persons, this is our only opportunity on this topic: "The Preservation of the Three-Tooth Snail in the Cheat Canyon" Monday, June 28th, 10:30 am. Room 320 Percival Hall, Evansdale Campus of WVU. NOTE: Percival Hall is interconnected with Allen Hall (taller portion). Information: Duane Nichols, Cell: 304-216-5535. Chad Pierskalla, Office: 304-293-6530 >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> >From Interstate #79, take the Star City exit (which is also the exit for the WVU Coliseum). At the bottom of the ramp and turn right. Continue on this road through three traffic signals. You will pass a mall entrance and a Sheetz gas station on your right. You will then cross a bridge. Go through the third traffic signal and up the hill. At the top of the hill the WVU Coliseum will be on your right, and there will be a fourth traffic signal. Turn left at the fourth traffic signal. You are now on Patteson Drive. Continue on this road until you reach the second traffic signal. You will pass a Burger King and a Krogers grocery on your right. At the second traffic signal, turn right. You are now on University Avenue. Continue on this road through the next traffic signal. You will pass under the PRT (Personal Rapid Transit) rails. At the first corner after the traffic signal, turn right. You are now on Oakland Street. Continue on Oakland through the stop sign. The Towers (dormitories) will be on your right. Continue up the hill past the Towers. Pass Lot 50. There is a public parking area at the top of the hill, where parking passes can be purchased. This is the closest parking area to Percival and Allen Halls. Allen Hall is the tall building facing Lot 50. Percival is the portion on the right side. _http://www.hre.wvu.edu/about_us/directions_ (http://www.hre.wvu.edu/about_us/directions) _Map of Allen Hall and the Evansdale Campus_ (http://www.hre.wvu.edu/hre/college/allenhall_map.html)

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1440 AM RADIO = MON RIVER WATER QUALITY CRISIS = Wednesday @ 9:05 am
by duane330＠aol.com 22 Jun '10

22 Jun '10

MORGANTOWN AM, RADIO 1440 FROM 9:05 TO 10 AM, TOMORROW, WEDNESDAY, JUNE 23RD. GUESTS WILL BE DELEGATE BARBARA FLEISHAUER AND FROM C.L.E.A.R. DUANE NICHOLS. TOPIC: WATER QUALITY CRISIS IN THE MONONGAHELA RIVER WATERSHED.

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Seminar: The Cheat Three Tooth Snail
by Duane330＠aol.com 16 Jun '10

16 Jun '10

NOTICE: The program entitled "The Preservation of the Cheat Three Tooth Snail in the Cheat Canyon" will take place on Monday, June 28th at 10:30 am. This will be held in Room 320 of Percival Hall, Evansdale Campus of West Virginia University. Presentations by the Cheat Lake Environment & Recreation Association (CLEAR) and by the Copperhead Consulting Group will be made. Representatives of the current owner of Cheat Canyon forest lands will be present to answer questions, i.e. the Allegheny Forestlands LLC NOTE: This meeting represents an update and report of the activities under Consent Agreement 1:05-CV-61 FPS, US District Court, Northern District of West Virginia, of February 5, 2007. This agreement involved Plaintiffs CLEAR, the Friends of Blackwater, and the WV Chapter of the Sierra Club. The original Defendant was Allegheny Wood Products, Inc. who sold their forest land interests in the Cheat Canyon on March 27, 2009. The Copperhead Consulting group has completed the delineation of actual and potential habitat for the Cheat three-tooth snail in Areas 1, 2 and 3 on the north side (river-right) and recently for Area 4 on the south side (river-left). Logging was completed by Allegheny Wood Products last year for the north side and no logging is currently planned for the southside. A northern segment of the Allegheny Trail passes thru the north Areas 1, 2, and 3, but is closed to the public. Duane Nichols, CLEAR. _duane330(a)aol.com_ (mailto:duane330@aol.com) , (304)-216-5535

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Hiking Trail off South Branch of Cheat Lake Trail
by Duane330＠aol.com 08 Jun '10

08 Jun '10

LUNCHEON MEETING TOMORROW, WEDNESDAY AT ZEN CLAY. This last minute call is for those who wish to discuss a proposed hiking trail in the Cheat Haven Wildlife Management Area. Location: Zen Clay on University Avenue Time: 12 noon. P.S. We are also planning a meeting for 10:30 am on Monday, June 28th to discuss the Cheat Three Tooth Snail Protection in the Cheat Canyon, location to be determined.

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Coopers Rock Celebration -- Saturday 6/12/10
by Duane330＠aol.com 04 Jun '10

04 Jun '10

COOPERS ROCK CELEBRATION of the OUTDOORS. An event of the Coopers Rock Foundation in cooperation with other local groups including the Sierra Club, Friends of Blackwater, Cheat Lake Environment & Recreation Association, and others............. The event is scheduled for Saturday, June 12, and will run from 9 to 3 with a discussion session happening sometime in the later morning, e.g. 10am or 11am. Duane Nichols Contact: Gwen Jones, _gwendolyn.jones(a)fairmontstate.edu_ (mailto:gwendolyn.jones@fairmontstate.edu)

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Mon River crisis in news
by Duane330＠aol.com 03 Jun '10

03 Jun '10

Two West Virginia Rivers on Most Endangered List Posted Thursday, June 3, 2010 ; 06:00 AM | The State Journal file photo Photo Credit: Dunkard Creek near Morgantown The Gauley and Monongahela rivers have been identified by American Rivers as threatened. By Pam Kasey, Morgantown, WV Mountaintop mining and extraction of natural gas from the Marcellus Shale have placed two West Virginia rivers, the Gauley and the Monongahela, on the 2010 list of most endangered rivers. The nonprofit American Rivers prepares the list of rivers threatened by pending decisions each year. The list based on nominations from river groups and concerned citizens across the U.S. Rivers are chosen for most endangered status based not on current stresses, but on pending permitting, regulatory or other actions that could significantly impact their health. The Gauley River is listed as No. 3 in 2010 because of to mountaintop mining. Citing effects including burial of streams, contamination of drinking water, displacement of communities and increased flooding, the organization has called on the U.S. Environmental Protection Agency to protect water quality by creating national standards for conductivity and selenium in streams. Appearing as No. 9 is the Monongahela River in West Virginia and Pennsylvania. Troubling the Mon River, the organization's report states, are the combined effects of old and current coal mines as well as the beginnings of natural gas extraction from the Marcellus Shale. In 2008, gas well hydraulic fracturing fluids that were high in dissolved solids fouled drinking water for Mon River communities in Pennsylvania. Municipalities at the time accepted gas well wastewater they could not adequately treat. While they have discontinued the practice, neither West Virginia nor Pennsylvania has yet passed water quality standards for dissolved solids. In 2009, drainage from coal mines, also high in dissolved solids, contributed to a fish kill on the Mon River tributary Dunkard Creek. The organization calls for the enactment of water quality standards for dissolved solids -- a process that already is under way in both states. American Rivers also called on Congress to pass the FRAC Act to repeal the exemption for gas well fracturing fluids in the Safe Drinking Water Act and to require disclosure of the chemicals used in those fluids. The last time a West Virginia river appeared on the list was in 2006. That year, the Shenandoah River was listed for poorly managed development. Topping the list this year is the Upper Delaware River in Pennsylvania and New York, which provides drinking water to 17 million. American Rivers said that river also needs protection from improperly treated Marcellus Shale fracturing fluids. Rounding out the list are the Sacramento-San Joaquin River Delta in California, threatened by outdated water and flood management; the Little River in North Carolina, where better alternatives to a proposed dam may be available; Iowa's Cedar River, subject to outdated flood management; the Upper Colorado River in Colorado, depleted by excessive water diversions; the Chetco River in Oregon, threatened by gravel mining; the Teton River in Idaho, also threatened by a new dam; and the Coosa River in Alabama, where the renewal of seven hydropower licenses pose an opportunity for increased protections for endangered species. This is the 25th year American Rivers has highlighted the nation's most endangered rivers. The group said its advocacy efforts have helped to improve rivers throughout the United States, including the removal of old dams and prevention of new ones, restrictions on mining and oil and gas drilling, and policy revisions that stopped the draining of wetlands.

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EPA offers information to the public
by Duane330＠aol.com 01 Jun '10

01 Jun '10

EPA WEB SITE OFFERS MORE TOXIC CHEMICAL INFORMATION EPA is increasing the chemical information that certain industries and federal facilities must submit under the Toxic Substances Control Act _(TSCA)_ (http://www.epa.gov/tri/) . More than 6,300 chemicals and 3,800 chemical facilities are now available for analysis on how they affect our air, water and land. In the months ahead, EPA intends to increase the information and to make the public portion of the TSCA inventory free of charge to the public. For the agency's Envirofacts Web site, go to _http://www.epa.gov/enviro/facts/tsca/index.html_ (http://www.epa.gov/enviro/facts/tsca/index.html) For more information, go to _http://www.epa.gov/oppt/existingchemicals/pubs/enhanchems.html_ (http://www.epa.gov/oppt/existingchemicals/pubs/enhanchems.html) >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> ELECTRIC UTILITIES RELEASE PLANS TO IMPROVE SAFETY OF THEIR COAL ASH IMPOUNDMENTS EPA is releasing action plans from 16 electric utility facilities with 40 coal ash impoundments, to keep the public informed on the safety of these impoundments and facilities. The plans explain how the facilities will prevent coal ash impoundment spills such the one that occurred in Kingston, Tn. in 2008. EPA has also proposed regulations for the safe disposal and management of coal ash from coal-fired power plants to protect human health and the environment. For more information, go to _http://www.epa.gov/epawaste/nonhaz/industrial/special/fossil/surveys2/index .htm_ (http://www.epa.gov/epawaste/nonhaz/industrial/special/fossil/surveys2/index…)

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Gans Compressor to release Hazardous Air Pollutants (HAPs)
by Duane330＠aol.com 29 May '10

29 May '10

DEP Public Notice - County - Monongalia - Notice for the Draft Permit R13-2720A for Appalachia Midstream Services, Inc. LLC's Gans Compressor Station: Friday, May 28, 2010 @ 1:12 PM =========================================================== AIR QUALITY PERMIT NOTICE Notice of Intent to Approve On March 26, 2010, Appalachia Midstream Services, LLC applied to the WV Department of Environmental Protection, Division of Air Quality (DAQ) for a permit to modify a natural gas compressor facility located in Monongalia County, WV. >From Morgantown on I-68 East, take the Cheat Lake exit onto Route 857 North. Go approximately 6 miles and turn right into Laurel Aggregates Quarry. Stay to the left while going toward Lake Lynn Laboratory for 0.9 mile. Turn right, go 0.3 mile. Turn right through gate to compressor site. A preliminary evaluation has determined that all State and Federal air quality requirements will be met by the proposed facility. The DAQ is providing notice to the public of its preliminary determination to issue the permit as R13- 2720A. The following increase in potential emissions will be authorized by this permit action: Particulate Matter, 1.02 TPY; Sulfur Dioxide, -1.23 TPY; Oxides of Nitrogen, 7.09 TPY; Carbon Monoxide, 9.52 TPY; Volatile Organic Compounds, 10.30 TPY; Acetaldehyde, 0.22 TPY; Acrolein, 0.05 TPY; Benzene, -0.07 TPY; Ethylbenzene, 0.01 TPY; Formaldehyde, 4.34 TPY; n-Hexane, 0.30 TPY; Toluene, 2.50 TPY; Xylenes, 3.79 TPY; Total HAPs, 9.58 TPY. Written comments or requests for a public meeting must be received by the DAQ before 5:00 p.m. on Friday, July 2, 2010. A public meeting may be held if the Director of the DAQ determines that significant public interest has been expressed, in writing, or when the Director deems it appropriate. The purpose of the DAQ’s permitting process is to make a preliminary determination if the proposed modification will meet all state and federal air quality requirements. The purpose of the public review process is to accept public comments on air quality issues relevant to this determination. Only written comments received at the address noted below within the specified time frame, or comments presented orally at a scheduled public meeting, will be considered prior to final action on the permit. All such comments will become part of the public record. Jerry Williams, P.E. WV Department of Environmental Protection Division of Air Quality 601 57th Street, SE Charleston, WV 25304 Telephone: 304/926-0499, ext. 1223 FAX: 304/926-0478 Additional information, including copies of the draft permit, application and all other supporting materials relevant to the permit decision may be obtained by contacting the engineer listed above. The draft permit and engineering evaluation can be downloaded at: www.dep.wv.gov/daq

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Support for Friends of the Cheat
by Duane330＠aol.com 25 May '10

25 May '10

DEAR FRIENDS: CHEAT LAKE IS THE CHEAT RIVER, ITS WATER IS OUR WATER! From: Duane Nichols, May 25th. _duane330(a)aol.com_ (mailto:duane330@aol.com) (304-216-5535) _Janet Lenox_ (http://www.facebook.com/n/?profile.php&id=1527794757&mid=265b01fG5af321ad92…) May 25, 2010 at 7:19am Subject: Eat for the Cheat! Hello Folks! Do you shop at Krogers? Do you want to support Friends of the Cheat. If you answered "Yes" to both of those questions, see below for a easy way to show your support. FOC has joined Kroger's Fundraising Program for non profits. Here's how the program works: You send Friends of the Cheat $5 and we will send you a gift card for Kroger's with an initial value of $5. You then can add however much money you wish to the card (This can be easily done at the register by check, cash, debit or credit card) and use it essentially as a kroger debit card when shopping at Kroger grocery stores or Kroger gas stations. Then every four weeks, Kroger will send FOC a check for 5% of the amount participants spent that period. For More informaton or to recieve a card call (304) 329-3621 or send a check with a note "Kroger Card" to Friends of the Cheat Attn: Andrew Miller 119 S. Price St, Suite #206 Kingwood, WV 26537 There is an article about this program in the FOC 2010 Winter/Spring newsletter, which can be found on our web site. http://www.facebook.com/l/d4307;www.cheat.org Your support would be Greatly Appreciated! Thank-you! Janet Lenox

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HELP. Please respond a.s.a.p.
by Duane330＠aol.com 18 May '10

18 May '10

To: CLEAR members and friends................... From: Duane Nichols. Proposal: It is herewith proposed that CLEAR become a participant in the upcoming WV Water Conference to be held at the Waterfront Hotel in Morgantown on October 6th and 7th. We would become an Exhibitor at a cost of $100 and we would submit one or two abstracts representing talks to be presented. Abstracts are due by June 30th. One presentation would be on "Cheat Lake Recreational Activities" and the other would be "The Status of Cheat Lake Environment". Please let me know if you wish to participate. Thank you. Duane Nichols _www.wvwaterconference.org_ (http://www.wvwaterconference.org) >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> WV Department of Environmental Protection Rulemaking Last call for comments to WV-DEP via the Internet: The deadline for comments is May 19th on the protection of WV rivers and streams. Your input is urgently needed at this time. ***Comment Period extended until May 19, 2010.*** Draft 303(d) Documents available for review - _follow this link for details_ (http://www.dep.wv.gov/WWE/watershed/IR/Pages/303d_305b.aspx) Comment period for the West Virginia Draft 303(d) list began March 15 and concludes May 19. Comments may be sent via e-mail to _Stephen.A.Young(a)wv.gov_ (mailto:Stephen.A.Young@wv.gov) or mail comments to: WVDEP - DWWM Attn: 2010 Draft 303(d) Comment - Steve Young 601 57th Street, S.E. Charleston, WV 25304 Or see this site: _http://www.dep.wv.gov/WWE/Pages/default.aspx_ (http://www.dep.wv.gov/WWE/Pages/default.aspx) For more explicit help and an example response, see the following: _https://secure3.convio.net/nasaud/site/Advocacy?cmd=display&page=UserAction &id=851_ (https://secure3.convio.net/nasaud/site/Advocacy?cmd=display&page=UserAction…)

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Water Quality Standards -- public meeting -- 5-19-10
by Duane330＠aol.com 04 May '10

04 May '10

NOTE: The hearing below is very important to Monongalia County, as well as to the whole state. We need a drinking water standard of below 500 parts per million TDS (total dissolved solids) as in Pennsylvania, to protect our public water sources and to help prevent chemical substances and algae from killing the living things in streams, including the fish, mussels and other critters. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> a=========================================================== Tuesday, May 4, 2010 @ 4:45 PM =========================================================== Water Quality Standards Public Meeting May 19 Charleston, W.Va. – The Department of Environmental Protection’s Water Quality Standards Program is having a public meeting to discuss issues related to the agency’s triennial review of the state’s water quality standards. Staff from the Water Quality Standards program will discuss proposed updates to 47CSR2 “Requirements Governing Water Quality Standards” which will include changes to the criteria for iron, total dissolved solids, nutrients and other parameters to protect the state’s waterways. The meeting will take place Wednesday, May 19 from 1:30 to 3:30 in the Coopers Rock conference room of the Department of Environmental Protection, located at 601 57th Street SE, Charleston, WV.

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

22 Apr '10

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

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

21 Apr '10

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

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

31 Mar '10

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

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

22 Mar '10

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

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

13 Mar '10

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

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

03 Mar '10

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

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

02 Mar '10

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

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

13 Feb '10

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

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

11 Feb '10

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

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

10 Feb '10

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

28 Jan '10

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

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

22 Jan '10

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

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

23 Dec '09

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

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

09 Dec '09

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

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

08 Dec '09

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

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

13 Nov '09

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

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

17 Oct '09

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

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

15 Oct '09

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

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

14 Oct '09

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

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

13 Oct '09

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

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

12 Oct '09

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

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

11 Oct '09

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

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

30 Sep '09

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

30 Sep '09

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

18 Sep '09

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

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Upcoming Events Statewide: WVEC etc.....
by Duane330＠aol.com 18 Sep '09

18 Sep '09

Upcoming Events! September 25 – 27: 20th WVEC Fall Conference Holly Gray Park, Sutton WV 20th Anniversary of WVEC Celebration & Program, setting 2010 legislative priorities, workshops on enviro issues, silent auction, live music, booths, nature outings & recreation Key-note address- by Jim Hightower, nationally known progressive commentator and co-editor of America's hottest newsletter, the Hightower Lowdown. There will be a Friday evening reception for Jim and he will give Saturday morning keynote address. Please visit _www.wvecouncil.org_ (http://www.wvecouncil.org/) , for complete agenda and updates! September 26 – ACLU Civil Rights Dinner Enjoy yourself with friends and like minded people at the Clay Center in Charleston. Jim Hightower, a funny, irreverent, intelligent populist, is the speaker. He is a New York Times bestselling author and America's funniest activist who gives the lowdown on how to put up-not shut up-in the fight for our future. Get a taste of Jim and a review of his new book Swim Against the Current; Even a Dead Fish Can Go with the Flow. For tickets or more information, please call the WV-ACLU at 304-345-9246. October 2 and 3 – Trail Design Workshop Coonskin Park, Charleston, WV Free but please register by September 20—class is limited to 30 participants Each session combines interactive learning, hands-on trail work, and topnotch instructors to develop skilled trail workers and crew leaders. The workshop will focus on the art and science of trail building through topics such as: Sustainable trail design, Basic construction and much more. For registration information, contact Betty Michael at _betty.michael(a)canaanvi.org_ (mailto:betty.michael@canaanvi.org) or 800-922-3601 ext. 252, or visit _www.canaanvi.org/events_ (http://www.canaanvi.org/events) October 18: Good Jobs, Green Jobs Workshop 1:00-4:00 PM, Big Sandy Arena, Huntington, WV. Sponsored by the WV Center on Budget and Policy. What are “green jobs,” and how can they help shape a vibrant future for West Virginia? Join us for a stimulating afternoon of ideas and discussion about green strategies for economic growth and jobs that support families. For more information, visit _www.wvpolicy.org_ (http://www.wvpolicy.org/) or call 304-720-8682. October 20: An Evening with Gloria Steinem WV Cultural Center, 7:00 PM. Produced by WV FREE. Tickets are $25 and available by calling 304-342-9188 or visit _www.wvfree.org_ (http://www.wvfree.org/) .

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Observer-Reporter -9-16-09
by Duane330＠aol.com 16 Sep '09

16 Sep '09

Observer-Reporter, September 16, 2009 Agencies investigate large fish kill By Bob Niedbala, Staff writer, _niedbala(a)observer-reporter.com_ (mailto:niedbala@observer-reporter.com) State and federal environmental agencies continue to investigate a large fish kill on Dunkard Creek and may be coming closer to determining its cause. The kill was first reported Sept. 1 near Pentress, W.Va. It has since moved downstream past Mt. Morris and, according to some sources, stretches as far as Pigeon Hole Road in Dunkard Township. The kill was believed to have subsided last week, but additional fresh fish kills were discovered during the past weekend, said Helen Humphreys, spokeswoman for the state Department of Environmental Protection. "Either this is ongoing or it's a second slug of pollutants moving downstream," she said. The incident has killed hundreds of fish including bass, muskies, white suckers, catfish and red horse fish, as well as other forms of aquatic life such as mussels and mud puppies, she said. Humphreys said at one site near Brave more than 300 dead fish were found representing 18 species. Pennsylvania and West Virginia environmental protection agencies as well as the federal Environmental Protection Agency continue to investigate the kill. "Right now," Humphreys said, "I don't think anybody has conclusively identified the source." One of the possible pollutants the agencies are now considering is total dissolved solids, Humphreys said. Very high levels of total dissolved solids have been found in the water, particularly in the West Virginia portion of the stream. The solids included high levels of chlorides, which is indicator of mine discharges, Humphreys said. Investigators are looking at discharges from three active mining operations in the watershed, she said. A preliminary report prepared by the EPA indicated a likely source may be Consol Energy's Blacksvlle No. 2 Mine because of high levels of chloride in its waste water. EPA spokesman David Sternberg said, however, investigators have not determined that the mine is the source of the pollution. "We suspect Blacksville No. 2 may have been a source but we can't rule out other sources right now," he said. Consol Energy spokesman Joe Cerenzia said the company is aware of the fish kill and is working with state and federal agencies investigating it, but to the company's knowledge, the agencies have not conclusively pinpointed the cause. Kathy Cosco, spokeswoman for the West Virginia Department of Environmental Protection, said her agency has had people out at the creek everyday and continues to collect information from water samples and monitoring stations. The agency still needs a little more data before it attempts to draw any conclusions about the cause and the source, she said. "We're not ready to point any fingers yet," she said. Tom Burrie, 31, of Carmichaels, who has fished in the creek since his youth, said he checked the stream Tuesday and estimated thousands of fish have died. Burrie said he could see fish attempting to swim into tributaries to the creek trying to get to fresh water. Some of the dead muskies he saw, Burrie said, were more than 42 inches long. "Everything in the water is dead, clams, mud puppies everything," he said. "It will take years for that creek to recover." >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

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Sheepskin Rail-Trail
by Duane330＠aol.com 12 Sep '09

12 Sep '09

Learning from the Field: _Sheepskin Rail-Trail_ (http://rs6.net/tn.jsp?et=1102407745953&s=638&e=001Up6tic55Cm5N4kxPbdIfqGuM_… rTrrao0RPiPXPZUH2J__VXg-FD8XjTYWSrUZ-FwVivOgYETG_ql45osQ2XQMmwG5Gc4peFWiX5__ 7PXZGwYdVYsXbp2aUxfqV7Yf_gTw==) , Pennsylvania Developing a rail-trail can take patience. In 1994, a group of citizens in Fayette County, Pennsylvania formed an advocacy group to support the creation of a rail-trail along a 33-mile corridor. Over the years, the _National Park Service_ (http://rs6.net/tn.jsp?et=1102407745953&s=638&e=001Up6tic55Cm5z5fuWTJRaJY7jY… yW2X4-WSjnlVS7s1m5hH01utb7g7UTn16C1CDBVTf182Jsq-m3ok7oE=) has helped their organization grow, guided the Feasibility Study, and planted the seeds of a community volunteer program to serve the trail once it is operating. The first two miles of trail opened just over a year ago, after the County's Office of Planning and Development led the complex negotiations and project planning. Now, the trail links people in Dunbar to the Great Allegheny Passage and the _C&O Canal National Historic Park_ (http://rs6.net/tn.jsp?et=1102407745953&s=638&e=001Up6tic55Cm7xUveghJQl67tst… O3LQ3xwKAQxvvCl9Fj7Zc9sgJlL5Pr8QZHmGzmITX2ml1Lo6_s37kMw4F3xJ13hUYZ_O8D_xRq15 G) . The project also includes a trailhead, parking, and restrooms at Dunbar's community park. When complete, the trail will link the 50-mile _Monongahela River Rail-Trail_ (http://rs6.net/tn.jsp?et=1102407745953&s=638&e=001Up6tic55Cm6bXWPizRDy6ssTU… 7B1L8UJEmMvXCW6BOTpoUZuMx6ZAFDnaTlAMUmvP_vQ==) system in West Virginia with the 333-mile system of rail-trails connecting Pittsburgh to Washington, DC. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> See photos at the Source: Source: _http://campaign.constantcontact.com/render?v=0014FVfS3OZ1Vlma0emlJiwlxh8VA… mAg8DCl5TRF8QFkpkma7WfGbR5IJvZFQr_ (http://campaign.constantcontact.com/render?v=0014FVfS3OZ1Vlma0emlJiwlxh8VAE… vVm_9bUQNoZFH5DSgC0hXtgxlytmAg8DCl5TRF8QFkpkma7WfGbR5IJvZFQr)

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EPA Questions Mountaintop Removal Permits
by Duane330＠aol.com 11 Sep '09

11 Sep '09

EPA questions mountaintop removal permits Permits for new mountaintop removal mines (such as the one pictured above in southern West Virginia) could be in jeopardy. _Joe Lovett explains new EPA announcement_ (http://www.wvpbmedia.com/news/2009/joelovett.mp3) By Erica Peterson, Jessica Lilly and Scott Finn _Download MP3 _ (http://www.wvpbmedia.com/news/2009/0914epapermits.mp3) September 11, 2009 · The Obama Administration said Friday it has serious concerns with dozens of pending permits for mountaintop removal mines in Appalachia. The federal Environmental Protection Agency released a list of 79 permits which it says poses environmental problems and won’t comply with the Clean Water Act. The 79 permits on _the list_ (http://www.epa.gov/owow/wetlands/guidance/mining-screening.html) are scattered throughout Appalachia, and 23 are in West Virginia. The announcement is part of an EPA campaign to subject mountaintop removal permits to greater scrutiny. These tentative steps towards cracking down on surface mines have made environmentalists cautiously optimistic, and the coal industry increasingly nervous. One of the EPA’s primary concerns is valley fills, where waste rock is dumped from mountaintop removal mines. That’s because selenium and other heavy metals have been found at high levels running off the mines. The U.S. Army Corps of Engineers issues the permits which allow coal companies to fill streams and valleys. After fighting mountaintop removal for more than a decade, Joe Lovett of the _Appalachian Center for the Economy and Environment_ (http://www.appalachian-center.org/) says Friday’s announcement signifies a real shift. “We hope this is the beginning of the end of mountaintop removal and valley fills,” he said. “I don’t think modifications will work. I think the permits are so destructive that even with modifications they won’t comply with the Clean Water Act.” But for an already-beleaguered coal industry worried about climate change legislation, this is further proof that the Obama Administration will take steps to curtail mountaintop removal. Roger Horton, a surface miner and founder of _Citizens for Coal_ (http://www.wvpubcast.org/newsarticle.aspx?id=10862) , says curtailing mountaintop removal in America will force the U.S. to import coal from other countries. “They’re going to look elsewhere. Coal is going to be a big part of the energy mix in this country for some time to come,” Horton said. “And if they don’t mine it locally, they’re sure as heck going to import it from some other source, perhaps an unfriendly source to our country,” he said. Next, the EPA will meet with the Army Corps to discuss each permit. Lovett says they will look at possible water quality problems, whether the mitigation is actually making up for the impacts of the mining, and the cumulative impacts this mining is having on watersheds. Some of the EPA’s concerns may be resolved by discussions with the Army Corps of Engineers, which has the final say over permits. Some permits might require changes in order to be approved, and others may not be approved at all. Coal industry officials say the new review process isn’t transparent, and it’s hard for mining companies to submit permits when they aren’t sure by what criteria they’ll be judged. Bill Raney is the president of the _West Virginia Coal Association_ (http://www.wvcoal.com/) . He’s calling for compromise. “Let’s sit down and work out whatever those concerns are. The answer is not to stop it, so that you punish people in that process,” Raney said. “And if there are concerns, let’s address them in a very timely way, and let’s address them in a way that allows the companies and people to continue to work to meet the market demands of today,” he said. This is the third announcement about stricter mountaintop removal regulations since Obama’s taken office, and comes after a decade of court decisions regarding mountaintop removal. So far, little has changed. But Lovett says it may be different this time. “One thing that encourages me is, not only does the EPA have new leadership, but the _Corps does as well_ (http://www.nan.usace.army.mil/blog/pdf/NR_CoC09.pdf) ,” Lovett said. “So I expect that the Corps will be looking at these permits differntly in the future from the way they looked at them in the past,” he said. Horton says that coal supporters plan to be vocal in their opposition to the EPA’s policies. “Without giving away my tactics at this point in time, there are going to be direct actions, that are lawful, to let the administration know we aren’t going to be taking this lying down,” Horton said. Friday’s announcement regards permits which had not yet been approved by the Corps. But it comes after news that the EPA is also opposing a 2,300 acre mountaintop removal permit in Logan County the Corps already approved. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> Thanks goes out to John Gever for providing the web site to the above article: EPA Questions Mountaintop Removal Permits _http://www.wvpubcast.org/newsarticle.aspx?id=11237_ (http://www.wvpubcast.org/newsarticle.aspx?id=11237) >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> John Gever, MedPage Today, tel. 1-304-243-0826 cell 1-304-780-9772, Skype 1-412-567-2949 (pre-arranged interviews only) _j.gever(a)medpagetoday.com_ (mailto:j.gever@medpagetoday.com) or _jgever(a)gmail.com_ (mailto:jgever@gmail.com) _http://www.medpagetoday.com_ (http://www.medpagetoday.com/)

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EPA Clean Water program
by duane330＠aol.com 24 Aug '09

24 Aug '09

EPA SEEKS PUBLIC INPUT ON CLEAN WATER ENFORCEMENT ACTION PLAN THROUGH ONLINE FORUM EPA is inviting the public to participate in its online forum through its new Web site with ideas about the future direction EPA should take to more effectively enforce Clean Water requirements and achieve better compliance.? EPA wants to know what direction its national water enforcement program should take to improve water quality protection in the nation and enforce outstanding violations.? The Clean Water Enforcement Action Plan discussion forum which will close on Friday, Aug. 28 will accept this input, and evaluate and consider recommendations to the EPA Administrator about what the public feels the future direction of EPA's water enforcement program should take. We are providing information to assist the public discussions: Clean Water Enforcement Action Plan, state-by-state reports: Assessing the effectiveness of the program, EPA and state enforcement data, and the administrator's memorandum: The Memorandum.

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Mon River runs high TDS
by Duane330＠aol.com 19 Aug '09

19 Aug '09

Pa. going over W.Va.’s head on Mon River pollution by Ken Ward Jr., The Charleston Gazette Our neighbors to the north are apparently growing tired of West Virginia’s inaction — or _action through only baby steps_ (http://www.wvgazette.com/News/200907150773) — to deal with the potential water pollution problems from disposal of “pit fluids” from large-scale oil and gas drilling. According to _a story over the weekend_ (http://www.post-gazette.com/pg/09229/991367-455.stm) by Pittsburgh Post-Gazette reporter Don Hopey, Pennsylvania authorities have asked the U.S. Environmental Protection Agency to step in and set tougher pollution limits for Monongahela River. Pennsylvania DEP Secretary John Hanger told Hopey that his state has issued orders limiting the discharges of total dissolved solids, or TDS, in the Mon — and, perhaps more importantly, has started the lengthy process of drafting new regulatory controls. But, Hanger said, West Virginia hasn’t done likewise. Hanger told Hopey: We’re not satisfied with the response we’ve received from West Virginia and are engaging the EPA. Because at the end of the day, without federal involvement, we may not get the kind of cooperation needed to solve this problem. I personally have concerns that the posture of West Virginia on this matter is not aggressive enough. In his article, Hopey explained some background of this Pa-W.Va. dispute: Sources of dissolved solids include sewage treatment plants, power plant scrubber and coolant water, storm water runoff, abandoned mine drainage, a host of industrial activities and wastewater from oil and gas drilling, especially the millions of gallons produced by deep wells tapping into the Marcellus shale gas bed. For the past year, Pennsylvania has restricted the amount of wastewater from those deep gas drilling operations that sewage treatment plants can accept to no more than 1 percent of their total water discharges into the river. West Virginia has only recently urged treatment facilities to limit intake of well waste water. And officials there said the sewage treatment plant in Clarksburg, the only such facility in the state that was permitted to accept well drilling waste water, stopped last month. Scott Mandirola, director of the WVDEP’s Division of Water and Waste Management, told Hopey that his agency would “cooperate fully” with Pennsylvania and the EPA to develop a pollution reduction plan for the Mon. But as I reported in May, setting the needed pollution limits _is not a major priority for WVDEP_ (http://www.wvgazette.com/News/200905180578) . In _a presentation_ (http://www.wvdep.org/Docs/17155_tds.pdf) during a public water quality standards meeting, DEP assistant water director Pat Campbell noted that surrounding states have such standards, but West Virginia is only just beginning to study whether it should adopt one: This is the beginning of the state considering whether to have a TDS critiera and what that number should be. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> See also: _http://waterdata.usgs.gov/usa/nwis/uv?site_no=03075070_ (http://waterdata.usgs.gov/usa/nwis/uv?site_no=03075070) Note: The total dissolved solids (TDS) level will be approximately two-thirds the value of the specific conductivity, measured in microsiemens (formerly known as micro-mhos, created from ohms spelled backward, because it is a conductivity rather than a resistance. See also: _www.uppermon.org_ (http://www.uppermon.org)

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rowing down the river
by duane330＠aol.com 12 Jul '09

12 Jul '09

City man is flowing with love of rowing John Duarte touting beginners’ program BY STEFANIE LOH The Dominion Post With his father in the Portuguese navy, John Duarte, 50, has been around water his entire life. “I’ve always been fascinated by things on the water,” said Duarte, president of the Monongahela Rowing Association. “How the water carries life. With the ocean, you’ve got this flatness, and then you come and start seeing the shoreline. I guess I’ve always enjoyed that.” Morgantown is hundreds of miles from any ocean, so Duarte takes solace in the fact that the Monongahela River runs right through town. That allows him to continue rowing, a sport he picked up at age 16 in his native Portugal, but never seriously pursued until 2005, when he joined the MRA. Now, Duarte wants to spread his love for the sport to everyone else in Morgantown. “Rowing is not an elite sport,” Duarte said. “It started as a way of life, and it continues today because it’s an environmentally friendly sport. It’s dependent on pure human power, and it’s nonpolluting in every way.” Still, it’s never been a very high-profile sport in Morgantown, and Duarte wants to change that. The first step, he said, is to try to change people’s mindset about the river. T he Monongahela was once a bustling waterway, but river commerce has long since disappeared and, in most people’s eyes, the Mon has now become just another component of the picturesque Morgantown landscape. “The river is behind the trees and people cross it but usually don’t see it otherwise,” Duarte said. “On a day-to-day [basis], very few people have contact with the river except for passing over on the two bridges. And then you get stuck in traffic, but you’re not really looking at the river. “The funny thing is that we don’t have enough bridges to cross the river, so everybody is aggravated by having to cross it. So the river is seen more as an impediment to things in Morgantown than as a complement.” Duarte has decided that the best way to help people develop an appreciation for the river is to get them on it. As a result, he’s been working hard to tout the MRA’s “Learn to Row” program this summer. The $250 fee for the program includes six two-hour lessons and the $150 MRA annual dues that allows members to take one of the club’s 12 boats on the water at any time. Meg Ayers, a Learn to Row instructor, said the program is a crash course in rowing and that by the end, most people have a pretty good idea of whether they enjoy the sport enough to want to continue. “We’re trying to teach the basics in a really small amount of time,” Ayers said. “Six lessons is really tight because some of [these] things take longer than two hours to figure out.” Ayers is also available for private lessons if people want to continue rowing at the end of the class. The MRA is headquartered at a boathouse on 40 Donley St. that it shares with the WVU women’s crew team. Until a year ago, the MRA operated out of a boathouse on the former General Woodworking site in Westover, which Duarte said was much harder to get to than the present location. The new boathouse is right off the rail trail, directly under the former Boathouse Bistro restaurant on the waterfront. Duarte hopes that the boathouse’s location will help entice frequent rail trail users to give rowing a try. As a low-impact sport, Duarte said, rowing is easy on the knees and is especially good for runners who are looking to cross train in a second sport. “Activities connect and bring people around,” Duarte said. “The trail has done that and [we’re hoping] this new boathouse will do that.” http://olive.dominionpost.com/Repository/ml.asp?Ref=RFBvc3QvMjAwOS8wNy8xMiN… A novice finds a sport that floats her boat BY STEFANIE LOH The Dominion Post CITY MAN 0Ais flowing with a love of rowing: John Duarte touts program for beginners. Page 7-C. WVU COACHES try to grow, grow, grow their sport: Look for anyone willing to work. Page 7-C. “You’ll be sore tomorrow.” Rowing instructor Meg Ayers grinned at me as she zipped by in a weathered motorboat that was once blue but whose scratched and battered hull now looked silver, the natural color of its aluminum core. Sore tomorrow, huh? Sure. Maybe. I’d worry about that later. At the moment I was preoccupied with maneuvering my little red bathtub back to the dock, and my knuckles hurt more than any muscle in my body. The problem was that my oars had not been sized correctly. The handle end of each paddle was about 4 inches too long, resulting in an overlap I’d initially deemed a mild inconvenience, but had since reclassified as an outright annoyance. Every time I pulled the oars toward my chest, the end of one super-long oar inadvertently hit the knuckles of my opposite hand. If I tried to raise my left hand to keep it from colliding directly with my right, it messed up my rhythm and resulted in both blades hitting the water at different times. Arrrgh. OK, let me back up about an hour and a half ... Volunteering for adventure It’s late on a sunny Saturday afternoon when I arrive at the20boathouse beneath the former Boathouse Bistro, on the east bank of the Monongahela River. And I’m ready to row. The Monongahela Rowing Association (MRA) had called the paper earlier in the week to invite a reporter to check out the boathouse and sit in on a Learn to Row class. I love adventure. I volunteered. John Duarte, president of the MRA, arrives at 5 p.m. to open the boatbouse. Since the class started the week before, I’m a session behind. John spends 30 minutes updating me on what everyone else learned in two hours. First, I get on the ergometer, the rower’s dry-land cardiovascular workout staple. I get a quick lesson starting with “arms-only” — pull the bar toward your chest, then push straight out. Then we add the slide. John shows me how to slide forward and use my legs to push back as I pull the bar in toward my chest. “People think rowing is all an arm movement, but it’s actually all in the legs,” he says. After that, I spend a few minutes watching select segments of an introductory DVD. John fast-forwards through most of it, but I take in quickhit tips about water safety, how to carry the boat from the boathouse to the dock and how to hydrate properly. We’ve just gotten to the good part — naming the parts of the boat — when John deems that we’re run ning out of time and fast-forwards again. Now I watch the segment on what to do if you fall out of the boat. That’s when it hits me: I could fall in the water? At that moment, I regret pulling on red basketball shorts and a black running tank. Swim bottoms, Spandex shorts and a rash guard might’ve been more appropriate. Too late now. Just as the annoyingly didactic narrator starts talking about how to treat hypothermic shock, we’re out of time. John takes a pair of oars off the rack, shows me how to handle them. And we head for the docks. An oar in each hand The prescribed oar-carrying method is to put both paddles on the ground, about a foot apart, with the blade facing forward. Step between them and take one oar in each hand. Watch for obstacles (ack, doorframe) as you maneuver the unwieldy things through the long snaking walkway that zigzags down to the dock. We arrive at the dock and I place the oars down with everyone else’s. John introduces me to Meg Ayers, our instructor for the day. Meg Ayers is 5-foot-5. She has a stern countenance, short-cropped dark hair, a permanent sunglass tan on her TO SIGN UP for the Monongahela Rowing Association’s Learn to Row program, visit monrowing.org or call (304) 282-6523 for information. Meg Ayers is also available for private lessons ($20 per hour). Contact her at (304) 231-4612. INTERESTED in the WVU crew team’s novice program? Contact assistant coach Tina Griffith, at tina.griffith @mail.wvu.edu. weather-browned face and powerful shoulders from years of rowing. She cuts an imposing figure — until she laughs, a crisp, uproarious melody that catches you off guard every time. Meg rowed for the WVU crew team from 2002-06 and won the Head of the Ohio in a single scull during her senior season. We’re in good hands. Homegirl knows what she’s doing. The class consists of Elizabeth Duarte, 15 (John’s daughter); Heather Robertson, 33; and Susanne Rasmussen, 58, who signed up on a whim after coming across a flyer for the Learn to Row program. Meg gathers everyone around her and gives us a primer on the basics of rowing. Hmm, maybe I should’ve watched the entire introductory video. To ensure everyone has a common vocabulary (my classmates have already had a full lesson), Meg gets people to name the parts of the boat’s anatomy. The long arms that extend outward from the boat are? “Riggers,” Susanne says. Meg points to the contraption that will hold the oar in place. “Oarlock,” my classmates chime, in unison. The little stick-like thing that swings out over the top of the U-shaped oarlock to form a box with the U and secure the oar? “Gate,” the class answers. Yep. Should’ve watched the whole thing. “What do you call this end of the boat?” Meg asks, pointing to the end closest to the20foot plate. We all think for a minute. “Stern,” Susanne proffers, breaking the silence. “Were you that person who always sat in the front row in class?” Meg teases her, smiling. (Later, Susanne would admit to me that she was just as overwhelmed as I’d felt, but I was still awed by how her mental rowing encyclopedia was volumes ahead of my own.) Next, Meg demonstrates how to get into a boat and get set to launch. Here’s the game plan: We’ll board the boat one at a time and Meg will hold the vessel in place as we practice basic rowing strokes. After we’ve each had a turn, we’ll embark on the river together. Row, row, row your boat Time to row. Suddenly, the group seems a little uncertain. Even Susanne expresses concern that she might end up in the river. “You’ll be fine,” Meg says, poohpoohing our fears. “This thing’s like the Titanic.” We look aghast, and Meg laughs. “OK, bad example,” she concedes. “But you’ll be fine. Plastic floats.” We disperse to set up our oars. I stand over my assigned vessel and give it a once-over. The Alden Horizon is a beginner’s boat, to say the least. For one thing, it’s made of molded plastic and weighs 60 pounds — that’s pretty much on the Biggest Loser end of the sculling boat spectrum. The WVU crew team, for instance, owns a single scull that, according to John, is=2 0worth about $12,000, weighs a mere 20 pounds and cuts through the river like a torpedo. I cautiously plant a foot in the middle of the Horizon and transfer some weight onto it. Suddenly the basketball shorts and tank don’t seem like such a bad choice. This behemoth’s virtually unsinkable! The fat little boat bobs in the water like a kayak. With its day-glo red frame and royal blue trim, it reminds me of the chunky Fisher-Price tricycle I had as a kid. How hard can it be to stay afloat in a Fisher-Price-colored plastic bathtub? I grab the oars closest to me — a wooden pair John later informs me are practically antiques — and I fit them into the oarlocks. As per Meg’s instructions, the dock-side oar goes in first, then I set the water-side oar in place but leave it draped across the boat. I’m first. Because The Alden Horizon is parked closest to the end of the dock, I get to be the first student in. Meg strolls over, the group trailing behind her. All eyes are on me now. It’s showtime. “OK, which end is this?” Meg asks, pointing to the part of the boat closest to the seat. Uhhhh ... “The stern?” Meg raises an eyebrow. Wrong answer. It’s the bow. Stern equals back of the boat, bow equals front. Rowing is trippy because your back is to the front of the boat. As I was about to discover, that mak es it especially difficult for beginners to know where they’re going since the rower’s frame of vision is focused on territory already covered. “OK, what do you do first?” Meg asks. Uh-oh. This is how I used to feel when called upon in math class. “Grab both oars?” “Yes,” she says. “But what’s before that?” I really wish I’d watched the entire video! “Uh, get into the boat?” Now Meg’s just trying not to laugh. “Good guess. But what else?” I rack my brain. She might as well have asked me to state the law of cosine. “Is this a trick question?” Now she does laugh, and everyone else does too. “The oars,” she hints, then mouths: “Run them out.” I know she thinks she’s helping. But my brain is still processing all the rowing jargon it’s been bombarded with for 15 minutes. Run them out? What the hell does that mean? Light bulb moment! I reach down and push the water-side oar out as far as it will go until it hits the oar collar and the end of the blade dangles into the river. Bingo. “There you go.” Meg’s being encouraging and saintly patient. Now I know what I’m doing. I grab both oars, step into the boat and sit down. I bob on a surprisingly strong river current. Meg says this could pose a few problems. Rolling river The river’s in a hurry today. “Usually, you can toss a piece of20wood in the water and it’ll sit there for five minutes,” Meg says. Today, that same piece of wood would be 15 feet downriver in half that amount of time. Plan B: Meg pushes the Horizon (with me in it) down the last 30 feet of dock until we’re at the end, and she’s sitting with her legs dangling in the water while holding on to the stern (see, I learned) of my boat. I’m facing her with my oars in the water. The Fisher-Price monstrosity feels every bit as stable as it looks. Square the oars, Meg says. My brain — terrorized by years of never knowing the answer when I was asked to square anything in math class — takes a couple of seconds to process the order. OK, I get it. I rotate the oars in the locks so that the backs of the blades are facing Meg. First, we start with “arms only,” which is enough for the time being (since the two poles in the water might as well be jousting sticks for all the control I have over them). Like willful teenagers, they float and sink in the water — seemingly at will — and refuse to obey my initial commands. Going from the erg machine to an actual boat is kind of like bench-pressing with free weights after only using a Smith machine (which guides the bars and eliminates extraneous movement). The oars add another dimension to the mix. Not only do20you have to move them through the water in unison, but you also have to ensure that the blades hit the water at the same time — preferably angled perpendicular to the surface for maximum propulsion. And that’s just the beginner’s version of rowing. Later, I learned from Meg that most competitive rowers row “on the feather,” which means that instead of having the oars perpendicular to the water throughout the rowing cycle, rowers coming out of the forward position (known as “the catch”), rotate the oars so the blades are parallel to the water as they pull the oars in, then rotate them into the perpendicular “on the square” position again right before they dip back into the water. (Was this stuff on the video?) This minimizes resistance, she said, but it also requires coordination and precise timing, which beginners take a while to master. Thankfully, Meg never mentions “feathering” out and we focus instead on learning to row “on the square.” I’m getting the hang of it. With Meg acting as my anchor, we progress from “arms only” to “half slide” — you start using your legs to complement your arms. Then we go to “full slide” — you pull your body forward until your calves almost touch your hamstrings and open your arms to resemble Icarus with wing s outstretched on his way off the mountain. Then you thrust with your legs to drive your body back before finally pulling on the oars almost as an afterthought. Meg says your legs should be almost fully extended before you start to bring in your arms. “Your legs are what’s generating the force because they are pushing off and propelling you forward,” she says. “The arms are just hanging on.” My turn ends. I know my stuff. Batter up. Student after student takes a seat in the boat until everyone has a turn at paddling in place. Then, with about a half hour left in the lesson, the rowers disperse to their separate boats. Time to launch. I’m excited. Drift away “Hold on to the dock until we’re all ready to go!” Meg calls, running toward the blue motorboat she’s left running at the other end of the dock. Will do, coach. I climb back into my little red bathtub. This time the oars don’t feel as alien in my hands. I hold onto the black rubber grips of both oars with one hand and casually rest the palm of my other hand on the dock. The current sneaks up under me so artfully that it takes half a minute before I realize my fingertips are barely grazing the rough dock surface as I drift out on the water. Ahhhh! AHHHH! The ever-alert Meg Ayers happens to look up and notice that the class screw-up is no longer anchored in place. She races over. Th e Alden Horizon has somehow made a 90-degree turn on its own volition. To my right — starboard side — Meg stands on the edge of the dock that is now about 20 feet away. “Where are you going?” she calls, laughing. “I don’t know,” I say, truthfully. The stern of the boat is pointed toward the riverbank. Tree branches and an assortment of other fauna extend welcoming arms to me. As Meg yells directions to help me turn around (“Use the left paddle only, and give me a couple of hard strokes! Now another one!”), I politely decline the riverbank’s invitation to moor the boat headfirst, and I find my way back to the dock. Meg pulls me in, visibly amused. She flips up a T-shaped dock cleat and reminds me to hold onto it until the entire class is ready to go. All about rhythm We’re off! All of us this time. Our flotilla of three boats and Meg’s motor launch is finally drifting downriver toward the Westover Bridge. Meg has us lift one oar at a time and lean in the corresponding direction to demonstrate that the boat will move the way the rower moves. Then she sets us free. I quickly discover that rowing is all about rhythm. Slide in. Pull back. Slide in. Pull back. I stroke through the water clumsily, but to my amazement the boat starts=2 0moving in the direction I want to go. It takes a while for my arms to work the oars in harmony. And in the beginning, my river ride is a jerky one as I laboriously control all the moving parts. Meg stops by in her “tuna can,” as she affectionately refers to the launch. She watches in amusement as I try, rather unsuccessfully, to keep the oars moving in tandem for more than four strokes at a time. “Do I look as awkward as I feel?” I call out to her. “Since you asked, yes,” she says, and I’m treated to another rhapsody of her melodious laugh. Meg has taught the Learn to Row class every summer for several years now. She also helps to train the WVU novice crew team, so she’s used to helping beginners troubleshoot. She tells me to quit monitoring my oars — I keep looking right and left to make sure my oars are in sync — and look straight ahead. It helps with balance. By experimenting, I learn to steer left and right. Soon, I’m alternating between coasting smoothly downriver and stopping abruptly when my oars get out of sync and I need to reset. When I’m in rhythm, I find myself enjoying my trip down the Mon. There’s a certain calm that engulfs you when you allow momentum to overtake the need to think about what you’re doing. I cut through the water, captivated by my surroundings. I’ve seen the river before, of course — I run on the rail trail regularly — but not like this. The bold colors of Morgantown’s hilly landscape rise and fall around me, a portrait of lush greenery interspersed with red brick buildings, all set against the azure summer sky. I’m not alone on the water — on a warm Saturday evening, there are three other boats around, plus people fishing from the banks, watching with vague interest as I row past. But the longer I stay in rhythm, the less they seem to exist. Cars zip by on the bridge above me, a steady reminder of city life. But as I steer my little red bathtub through the water, I feel like I’m somewhere else entirely. I pass under the Westover bridge and note that the crew team has marked its territory: “2001 WVU Crew” is spray painted in big blocky letters on the side of the concrete bridge support. Then the boat seems to shift under me. I look out to see that my right oar is no longer hitting the water “on the square.” The rhythm’s been broken. Darn. http://olive.dominionpost.com/Repository/ml.asp?Ref=RFBvc3QvMjAwOS8wNy8xMiN… WVU coaches try to grow, grow, grow their sport Scour campus for anyone willing to put in the work BY STEFANIE LOH The Dominion Post Are you moderately athletic, eager for a new challenge and excited about the prospect of spending 40 hours a week working out with a group of highly motivated individuals? Do you want to compete for a chance to represent WVU in collegiate regattas all over the country? If you answered yes to all of the above, the WVU women’s crew team wants you. The WVU women maintain a varsity squad and a novice squad every year. The novice squad consists entirely of walk-ons, most of whom have no prior rowing experience. “There are a few colleges in the country who rely heavily on recruiting, but most have a call out at the beginning of the school year to get as many kids as they can to come out,” said Jimmy King, head coach of the WVU crew team. “We’re looking for student-athletes who have never rowed before because rowing at the junior level isn’t as widespread as soccer or swimming.” Basically, the novice program is a year-long tryout for aspiring rowers to earn a spot on the varsity. Assistant coaches Tina Griffith and Meg Ayers play the part of novice team drill instructors. As Griffith describes it, “Basically, we have to take kids who know nothing about rowing and prepare them for a Division I varsity team in a year.” A daunting task by any standard. “Most kids don’t know what it’s like to be an athlete at this level,” Griffit h said. “When we start out, they can barely run a mile, and at the end of the spring they are running [under] eightminute miles.” The rookie boot camp for rowers starts when fall semester begins at WVU. Rowers spend the first two months learning the basics on ergometers, stationary indoor rowing machines known in rowing parlance as “ergs.” The team also does a lot of physical conditioning during that first semester. “We do a lot of circuit training and sort of assess everyone’s conditioning,” Ayers said. With so much emphasis placed on having the recruits master the basics of rowing, they barely even get on the water during the first three months. “Maybe on Saturdays we’ll let them out on the water just once to keep them kind of intrigued,” Ayers said, grinning. Then comes the weed-out period. When it gets too cold to get on the water — and mind you, the team rows in 20-degree temperatures — training moves indoors and the team will spend the winter months in the Shell Building on the erg every day. Understandably, that sometimes leads to bouts of cabin fever. “But we try to open the doors and let them see out every once in a while,” Ayers joked. To keep things fresh, the novices work out with the WVU’s men’s club crew team=2 0and play Ultimate Frisbee. The novice team typically participates in a couple of races in the fall, but will have a full competition slate in the spring. Without the luxury of signing recruits, the coaches have to do a lot of canvassing to fill their roster. Griffith used to make the rounds of area high schools to talk to basketball, volleyball and soccer coaches. But that hasn’t proved lucrative in the past, so she and Ayers now focus on recruiting on campus. “We do a lot of footwork,” Ayers said. “So we’re constantly handing out fliers.” They also stuff mailboxes in the residence halls. But as anyone who’s ever rued the plethora of junk mail commonly found in mailboxes knows, that’s not the most effective way to reach your target audience. But the coaches have figured out a way to make their junk mail stand out in the cluttered mailboxes of party-minded undergrads. “We try to make them look like Club Z papers,” Ayers said, referring to the 18-and-over bar downtown that’s frequented by WVU underclassmen. “We put them on bright colors and keep them really short so at least the kids will have it in their hands and look at it before they throw it away.” Occasionally, the coaches will even tap into the university’s male population. “Sometimes we’ll even go up to g uys and say, ‘Hey, have you got a girlfriend? Is she strong? Does she kick your [butt] all the time? Have her come row for us,’” Ayers said. “It’s funny, sometimes it works. There are guys out there who will say, ‘Yeah my girlfriend would love to do that, she’s looking for something to do.’” With more than 10 years of coaching experience between them, Ayers and Griffith have a mental blueprint of the kind of athlete they’re looking for. “You’re definitely looking for that special sort of person, that type-A personality,” Ayers said. “And we’re always looking for a good student. But we want someone who’s real particular about detail and who’s internally driven. That helps us ease them in.” Don’t mistake “blueprint” for picky, though. Ayers and Griffith will take on pretty much anyone who’s willing to learn. Most of their rowers played an assortment of other sports in high school but were not good enough to continue on the collegiate level. Many of these former high school athletes also fell into rowing while recovering from injury. “Some of them have injuries [from other sports] but we’re willing to take them,” Ayers said. “Rowing is low-impact and we can tweak with [the workouts] a lot. So if they have injuries, we’ll figure out something and make it work for them .” Griffith and Ayers have proved to be pretty good coaches too. At the end of this past season, King invited 12 of the 13 novice squad rowers to come back as members of the varsity. “Come row for us,” Ayers said. “If you give us enough time, we should be able to turn you into a rower if you have any sort of athletic ability.” >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> See also: www.cheatlaketoday.com >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> See also: www.cheatlaketoday.com

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Fwd: High TDS in Mon River
by Duane330＠aol.com 09 Jul '09

09 Jul '09

See the forwarded graph for insight on the variation of dissolved solids in the Monongahela River at this time. NOTE: The "total dissolved solids" in parts per million is approximately 0.67 times the specific conductivity value. Duane Nichols, CLEAR **************Looking for love this summer? Find it now on AOL Personals. (http://personals.aol.com/?ncid=emlcntuslove00000003)

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Fwd: DEP Public Notice - Public Input Accepted on Water Quality Standards
by duane330＠aol.com 02 Jul '09

02 Jul '09

-----Original Message----- From: dep.online(a)wv.gov , Sent: Wed, Jul 1, 2009 4:42 pm Subject: DEP Public Notice - Public Input Accepted on Water Quality Standards The following was sent to you because you are a Member of the DEP Public Notice mailing list. =========================================================== Wednesday, July 1, 2009 @ 4:42 PM =========================================================== Public Input on Water Quality Standards Accepted Until August 14 The West Virginia Department of Environmental Protection’s DEP Water Quality Standards Program is providing an opportunity for the public to submit information and data concerning the agency’s triennial review of the state’s water quality standards. In response to a request for public input discussed at a public meeting on May 18, the DEP is offering a 45-day public comment period to allow involvement from West Virginia citizens. All correspondence will need to be received by August 14, 2009, and should be mailed to: West Virginia Department of Environmental Protection ATTN: Water Quality Standards Program 601 57th Street S.E. Charleston, WV 25304 Comments and information may also be e-mailed to Linda.B.Keller(a)wv.gov. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> To: CLEAR=2 0members and friends........... From: J. B. Kotcon & D. G. Nichols The Clean Water Act requires states to review and update their water quality standards every three years to incorporate new scientific findings and other emerging issues. WV-DEP is now taking public comment on their water quality standards, and this is a good opportunity to seek improvements. Potential rule changes might be to strengthen existing standards for specific pollutants, such as mercury, selenium, coliform bacteria, etc. This would also be an opportunity to request standards for new pollutants such as TDS (Total Dissolved Solids), as was suggested in a bill introduced in the Legislature this year. Such a standard would help protect water quality from discharges of brine and drilling fluids from gas wells, or treated or untreated acid mine drainage, bot of which are issues for many rivers and streams in West Virginia (Pennsylvania currently sets their standard at 500 ppm for TDS, but West Virginia does not have a standard at all.) Another issue is the enforcement and interpretation of the Anti-Degradation Policy. DEP issued a variance to the policy for the Pond Lick Quarry near Elkins which allowed 100 % of the stream's assimilative capacity for iron and aluminum, a variance directly contrary to the intent of the anti-degradation policy in the rule. The current version of the rule (47-CSR-2) is available on the WV Secretary of State's web page at: http://www.wvsos.com/csrdocs /worddocs/47-02.doc

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NEWS For Use By CLEAR
by Duane330＠aol.com 24 Jun '09

24 Jun '09

Economic downturn has affected timber business, company Allegheny Wood Products of Petersburg has sold 55,000 acres to The Forestland Group LLC. The sale represents most of AWP’s approximately 64,000 acres, according to company spokesperson Donna Reckart. Most of the timberland is in West Virginia, according to Reckart, with scattered parcels lying in Maryland, Pennsylvania and Virginia. Within West Virginia, most of the acreage is in Preston County. The sale included AWP’s timberlands in Cheat Canyon but not those in Blackwater Canyon, Reckart said. Although the sale took place in April — Reckart did not have the date immediately available — it has not yet been recorded at the Preston County courthouse. Due in part to the long downturn in residential construction, demand for wood products dropped to the point where the family-owned AWP had to sell its land or close its doors, Reckart said. “We were at about 800 employees probably about two years ago. The last I heard it was approximately 450 employees,” she said. The company most recently laid off 140 in February. Production a year ago was about 140 million board-feet a year, she continued, and now it’s closer to 70 million. “We were the last sawmill in the state to have two shifts, and we just finally had to cut back,” she added. “We’re still, I think, one of the very few if not the last to actually be running five days a week.” The Forestland Group is a Chapel Hill, N.C.-based Timber Investment Management Organization, or TIMO. According to its Web site, TFG manages 2.7 million acres in 20 states and Costa Rica. AWP has negotiated a timber supply agreement with TFG, Reckart said, and will continue to buy from private landowners as it did before the sale. AWP closed two sawmills the past several years, one in Mount Storm, W.Va., and one in North Carolina. It continues to operate sawmills in Elkins, Kingwood, Princeton and Riverton, W.Va., and in Marble, Pa. The company expects its cash flow will be sufficient until construction picks up again, Reckart said. Copyright 2009 West Virginia Media. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. **************Make your summer sizzle with fast and easy recipes for the grill. (http://food.aol.com/grilling?ncid=emlcntusfood00000005)

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swimming anyone?
by Duane330＠aol.com 21 Jun '09

21 Jun '09

by Lincoln Peirce (http://comics.com/big_nate/2009-06-20/) **************A Good Credit Score is 700 or Above. See yours in just 2 easy steps! (http://pr.atwola.com/promoclk/100126575x1221323000x1201367220/aol?redir=htt… JunestepsfooterNO62)

2 1

I want to go to Lewisburg
by Duane330＠aol.com 16 Jun '09

16 Jun '09

Erosion & Sediment Control Training for Contractors, Developers, and Land Managers June 25, 2009 at 6:00 pm WV State Fair Grounds, WVU Building “Free Dinner Will Be Provided” Topics Covered Will Include: · Gabion Systems for Slope and Streambank Stabilization · Resources for BMP’s · Pesticides and the Construction Site · Regulations and Permitting Attendees will Receive a Copy of the “West Virginia Erosion and Sediment Control Best Management Practice Manual ” & Other Resource Materials Representatives from the West Virginia Conservation Agency, Greenbrier Valley Conservation District, and the West Virginia Department of Environmental Protection will be on hand to answer questions. Continuing Education Credits Will Be Available For: Pesticide Applicators (6 credits) To Attend, Please RSVP by Calling the Greenbrier Valley Conservation District at 304-645-6173 by Wednesday, June 24 **************An Excellent Credit Score is 750. See Yours in Just 2 Easy Steps! (ht tp://pr.atwola.com/promoclk/100126575x1221823265x1201398681/aol?redir=http:… eExcfooterNO62)

1 0

Foam on the water.........
by Duane330＠aol.com 11 Jun '09

11 Jun '09

Members and friends of CLEAR............ Foam/water samples from the surface of Mon River downstream of Morgantown L/D on May 28th and June 2nd were taken by the US Army Corps of Engineers. Samples were sent to a contract laboratory for metals (including strontium & barium); oil & grease; total petroleum hydrocarbon; chloride; sulfate; surfactant; total, suspended, and dissolved solids; pH; alkalinity; acidity; hardness; conductivity; color; and turbidity analyses. Results should be in early next week. The Corps' project staff has observed foam downstream of various Mon River navigation dams for many years, but think the the incidence and severity of the events are increasing. They are planning to collect additional samples during the next big foam event. p.s. I have observed form on Cheat Lake from time to time, particularly after a big rain. If you have seen this brown foam or other unusual materials in the Lake, please let me know. Do you have any evidence as to the source or reason for this foam? Some of it could come from the trees in the upper Cheat water shed, as well as residual organic matter from rotting leaves.............?? Duane Nichols **************Dell Deals: Don’t miss huge summer savings on popular laptops starting at $449. (http://pr.atwola.com/promoclk/100126575x1221770187x1201425153/aol?redir=htt… i)

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WV-DEP Water Quality Standards
by Duane330＠aol.com 12 May '09

12 May '09

============================================================ Tuesday, May 12, 2009 @ 10:10 AM ============================================================ FOR IMMEDIATE RELEASE May 12, 2009 Charleston, W.Va. – The Department of Environmental Protection’s Water Quality Standards Program is having a public meeting to discuss issues related to requirements governing water quality standards. Staff from the Water Quality Standards program will discuss criteria for iron, mercury, total dissolved solids and nutrients in the state’s waterways. The meeting will take place Monday, May 18 at 1 p.m. in rooms 1203 and 1204 in the Department of Environmental Protection’s headquarters, located at 601 57th Street SE, Charleston, WV. – 30 – **************A Good Credit Score is 700 or Above. See yours in just 2 easy steps! (http://pr.atwola.com/promoclk/100126575x1221322936x1201367173/aol?redir=htt… =Mayfooter51209NO115)

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Lake Level Varies With Time
by Duane330＠aol.com 06 May '09

06 May '09

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A lake story for Earth Day....
by Duane330＠aol.com 22 Apr '09

22 Apr '09

Note: "We drink lake water here." Can you find this quote? WHEN THOREAU VISITED OUR NEIGHBORHOOD - David Mraz, East Calhoun News (1994) How few men venture out beyond the last Familiar mark upon the well-known trail! And he who has the courage to go past This sign that cannot in his mission fail. He will have left at least one mark behind To guide some other brave exploring mind. --from "Me Path of Life" by Charles H. Meiers, published in the Hampton Columbian Magazine, January 1912 In 1861, writer and naturalist Henry David Thoreau made a journey to Minnesota, It was his longest trip outside Massachusetts. At the urging of his doctor, Thoreau came to our state for a cure of his illness, tuberculosis. In the 1860s, it was a commonly held belief that Minnesota's fresh air could cure tuberculosis. Of his 33 days in Minnesota, the author of Walden spent nine of them in the Lake Calhoun area. Thoreau's traveling companion was a 17-year old naturalist by the name of Horace Mann, Jr. Mann was the son of the famed teacher and educator. Their stay in the Lake Calhoun area was at Mrs. Hamilton's boarding house. In his journal, Thoreau left some notes, mostly focusing on plants and animals. Young Horace Mann wrote more than a dozen letters back to his mother in Massachusetts. This is what he wrote about his experiences . Lake Calhoun Minn. Friday June 7, 1861 Dear Mother, You see by the date of this letter that we are staying at a house on the edge of Lake Calhoun. It is a beautiful sheet of water, perhaps a mile and a half or three quarters the longest way and nearly a mile the other way in breadth; it has an outlet by which it empties itself into Lake Harriet, which lies a little ways to the SE of here, and that again into the Minnehaha and goes over the falls. We are staying at the house of a Mrs. Hamilton, a widow, and one of the first settlers near this lake. The house is surrounded with very thick woods which is full of great big mosquitoes (sic), so when you walk in them, particularly near twilight, they swarm around you in such a cloud that you can hardly see through them. There are also a great many pigeons in the woods, back of the house, (though I should hardly know them from a mosquito here by size) which are breeding, and 1 found the nest of one this afternoon which had but one egg in it which I took. The lake is full of fishes a-rid we have them at every meal almost. I went into St. Anthony this morning where I put some birds and clams in alcohol and got some blotting paper to press flowers with and I have just been putting some away to press under the bed post. The trees around here are not very large ones, and the fires seem to have run through the woods all around here and killed a great many of the trees. The "oak openings" on the prairies consist of small oaks -cattered around at some distance (I to 10 rods) from one another and where the fire has not run for several years the hazel bushes spring up; also little oaks and aspens, and after a little longer basswood trees ... It is pretty wann weather here all the time now. We had a thunder storm last night but I did not know it till I got up this morning. W. Thoreau and I went in sw g this afternoon and then we went to walk and we came to a pond hole near some woods which was full of shells and frogs... Mr. Thoreau continues to get better and I am very well of course. We drink lake water here. I will write more before I send this letter, so Good Night, Your loving son Horace Mann >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> The Thoreau party later returned to Walden's Pond. A year later, on May 6, 1862, Henry David Thoreau died of tuberculosis at age 44. He left our neighborhood a spiritual gift, the poem, 'A Different Drummer," which he wrote earlier in his career, but which could be describing our neighborhood: "Why should we be in such desperate haste to succeed, and in such desperate enterprises? "If a man not keep pace, perhaps it is because he hears a different drummer. "Let him step to the music which he hears, however measured or far away." - Henry David Thoreau >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> More information about Thoreau and Mann's travels is in Thoreau's Minnesota Journey: Thoreau's Notes on the Journey West, or The Letters of Horace Mann Jr., edited by Walter Harding, Thoreau Society Booklet #16, 1962. Thoreau's Minnesota Diary June 5 - Lake Calhoun. Hear s@pe, loon and orchard oriole. June 6 - Young eagle eating blue jay over an island in Minnetonka Lake. Alum root in bloom at last, June 7 - Lake Calhoun area. Hoary puccoon in flower. The prevailing goldenrod on these prairies is the Solidago rigida (stiff goldenrod), judging from the rudimentary leaf and withered stem and head. June 11 - Lake Calhoun. Loons said to nest on old muskrat houses. Found a cluster of wild crabapple trees. **************Big savings on Dell XPS Laptops and Desktops! (http://pr.atwola.com/promoclk/100126575x1220433404x1201394533/aol?redir=htt… eclick.net%2Fclk%3B214133109%3B36002181%3Bk)

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SB-461 does not protect WV streams
by duane330＠aol.com 08 Apr '09

08 Apr '09

West Virginia Environmental Council Action Alert April 8, 2009 WVEC Alerts Archive Bad Bill Passes out of committee – goes to House Floor – please help! SB 461 – (Selenium bill) Passed out of the House Judiciary Committee today! It now will move to the House floor for the full body to vote for or against. Please contact your representatives in the House of Delegates. Anyone and everyone! Tell them to vote against this awful piece of legislation. SB 461 is a terrible bill that gives the coal industry a more than two-year extension to comply with water quality standards for the toxic selenium they discharge from their mining operations. Capitol Phone: 1 877-565-3447 – you can leave a message for any member of the House of Delegates. Capitol web-site: www.legis.state.wv.us - find your Delegate(s) and leave message there. Talking Points / Facts: This is a change in water quality standards. The federal Clean Water Act, administered by the EPA, requires public notice and a 45-day comment period for any change proposed to a state’s water quality standards. West Virginia regulations also require public notice and a 45-day comment period for any change proposed to a state’s water quality standards. The water quality standard change proposed in SB 461 did not have public notice, did not have a 45-day public comment period, did not go through the Legislature’s regular rule-making20process, and was never considered by the Joint Legislative Rule-Making Review Committee. The extension proposed in SB 461 will NOT be approved by EPA. Randy Huffman, Secretary of the WV Department of Environmental Protection, has stated publicly that he opposes SB 461 and expects the coal industry “to meet the deadline of April 2010.” Selenium is a naturally occurring mineral element that is found is many rocks and soils. In very tiny amounts, it is an antioxidant and is needed for good health. But in only slightly greater amounts, selenium is highly toxic. In humans, it can cause hair loss, nail brittleness and neurological problems such as numbness. In aquatic life, very small amounts of selenium have been found to cause reproductive failure.” In 2003 U.S. Fish and Wildlife Service biologists found “troubling” amounts of selenium in fish downstream from mountaintop removal mine sites. Dennis Lemly, the nation’s foremost authority on selenium, has warned that pollution from a Magnum coal operation in West Virginia is dangerously poisoning Mud River fish, leaving some with serious deformities. Fish samples taken by state officials showed some specimens with two eyes on one side of the head, and others with curved spines, according to Lemly’s report.

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HR 1682. Cap and Dividend Bill now in US Congress
by duane330＠aol.com 08 Apr '09

08 Apr '09

The climate answer: cut carbon, get money, save Earth To:? MVCAC & CLEAR.?? From:? Mike Tidwell, USCEC.??? Date:? April 7, 2009 Congressman Chris Van Hollen of Maryland, one of the highest ranking members of the U.S. House of Representatives, introduced the Cap and Dividend Act of 2009 on April 1st. Read more about H.R. 1682 here.?The proposal will help solve the climate crisis, help our economy grow and help working families prosper. It is simple, transparent and fair. Contact your local Congressional representative to ask him or her?to sign on as a co-sponsor of this important piece of legislation. Take action>> Climate leader Bill McKibben supports this bill: "Simplicity is its own virtue sometimes, and this is one of them. Van Hollen's bill sets out a straightforward mechanism for reducing carbon in the atmosphere in a way that will actually be popular with voters. It's the most innovative, yet obvious, piece of climate legislation in the 20 years I've been following this battle." Van Hollen, Co-Chair of the Renewable Energy and Energy Efficiency Caucus, explained his initiative in this way: "The strength of cap and dividend lies in its simplicity and durability. All permits are sold at auction, and all proceeds are given back to the American people. As the price of energy rises, the monthly dividends will keep American consumers whole. "At its core, any successful climate change bill cannot just reduce carbon emissions. It must attract and retain the long-term, popular support of the American people. I believe the cap and dividend approach offers the best chance to get the job done." The legislation will cut carbon pollution to 10% below 1990 levels by 2020, the strongest?target proposed in federal legislation so far (although CCAN believes that target should be strengthened). It auctions 100% of the carbon permits--instead of giving them away to large polluters--and allows for no potentially complex "carbon offsets" of any kind. It will spur economic investment and innovation and create millions of jobs in clean energy. It returns every penny of higher carbon prices to citizens on a monthly, per capita basis. Every American, every month, will receive an "Energy Security Dividend." This is the kind of bill we need to break through the political logjam on Capitol Hill. Please contact your Congressperson now. ? See Also:? http://www.capanddividend.org/ Sincerely, Mike Tidwell Director, USCEC

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Earth Hour. Saturday @ 8:30 pm
by Duane330＠aol.com 24 Mar '09

24 Mar '09

Turn out. Take action. Be part of this historic event. March 28, 2009, 8:30 pm to 9:30 pm, local time World Wildlife Fund is asking individuals, businesses, governments and organizations around the world to turn off their lights for one hour – Earth Hour – to make a global statement of concern about climate change and to demonstrate commitment to finding solutions. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> For more information, see the following web-site..... _http://www.earthhourus.org/main.php_ (http://www.earthhourus.org/main.php) **************A Good Credit Score is 700 or Above. See yours in just 2 easy steps! (http://pr.atwola.com/promoclk/100126575x1220085203x1201389322/aol?redir=htt… %3D62%26bcd%3DMarchfooterNO62)

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Report on Triennial Review meeting
by duane330＠aol.com 19 Mar '09

19 Mar '09

? To:? Members and Friends of the Cheat Lake Environment & Recreation Association...... Peggy Pings has done a rather good job of summarizing the meeting of last Wednesday. Duane >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> From:? Peggy Pings......................... I went to the meeting on 3/11, but there were only 4 of us who were not part of AP or contractors. The good news is that AP will do a trial year of keeping the trail open 12 months, starting now.? It is open now, the entire 4.5 miles. They will also build the hiking trail in the 140-acre woods at the end, with interp panels & bike rack & shelter. They will also build a small boat dock at the far end by the point, so paddlers can tie up & use the trail, also for?AP's own emergency needs.? ? If the county or DOH will hang directional signs, AP will have them made.? Not sure who will follow up on that.? I think the DNR would like a road sign showing the river access ramp also, so maybe Frank Jernecjic will lead. ? They also agreed a number of years ago to make the "at grade" link to the Sheepskin, once the Sheepskin is built... at least past the power station to the road.? Getting a big bridge or two rebuilt is not likely, unless Fayette County includes it in their contract for the other 6 bridges along Grassy Run.? ? Spread the word. ? Peggy

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Water Network meeting Tuesday
by Duane330＠aol.com 14 Mar '09

14 Mar '09

ANNOUNCEMENT ~PLEASE PASS THIS ANNOUNCEMENT ALONG TO OTHERS THAT MAY BE INTERESTED IN ATTENDING! The West Virginia Watershed Network (WVWN) is planning to hold its semi-annual meeting in Morgantown on Tuesday, March 17, 2009, from 10:00 a.m. to 3:45 p.m. The meeting will be conducted as a forum where speakers from multiple agencies will provide information about ongoing statewide water sampling programs with emphasis on purpose, data collection process, data storage and access. The Forum agenda is available on the WVWN web site at: _http://www.wvca.us/wvwn/wvwn_events.cfm_ (http://www.wvca.us/wvwn/wvwn_events.cfm) . (Note…..notification of changes to or cancellation of the forum will be posted on this website, so please check for updates before traveling to the event.) The meeting is open to all interested persons at no cost. The meeting will be held at the National Research Center for Coal and Energy (NRCCE) on Evansdale Campus at West Virginia University in room 101 AB. For directions to the NRCCE go to: _http://www.nrcce.wvu.edu/directions.cfm_ (http://www.nrcce.wvu.edu/directions.cfm) *Note… Lunch is brown bag. Free parking is available at the WVU Coliseum, where a shuttle bus runs every ten minutes. See the above website for the location of paid parking near the NRCCE building, however it is our understanding, if your vehicle has state or federal license you can park anywhere at no cost. *Contacts: Rick Buckley OSM 304-347-7162 x3019 Jim Laine WVDEP/DWWM 304-926-0499 x1061 Clairene Bailey OSM 304-347-7158 The West Virginia Watershed Network is an informal group of state and federal agencies, as well as nonprofit groups, committed to providing resources for watershed management in West Virginia. The West Virginia Watershed Network has a mission to collaboratively support efforts necessary to empower local residents to make decisions for sustainable management of their resources. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> “West Virginia Forum on Statewide Water Sampling Programs” Tuesday, March 17, 2008 10:00 a.m. – 3:30 p.m. National Research Center for Coal and Energy (NRCCE) Room 101 AB Evansdale Campus at West Virginia University, Morgantown WV Open to the Public and No Cost to Attend Sponsored by the West Virginia Watershed Network AGENDA 10:00 am Welcome and Logistics – Jim Laine (WV DEP) 10:05 am Water Monitoring Data Uses and Current Issues – Patrick Campbell (WV DEP) TMDL update, Marcellus Shale, Selenium 10:15 am USGS Flow Gauges/USGS databases – Doug Chambers 10:35 am EPA Region III Water Quality Exchange (WQX) database – Lou Reynolds 10:55 am Ohio River Sanitization Commission (ORSANCO) Ohio River Program – Sam Dinkins 11:15 am WV DEP Watershed Assessments – John Wirts 11:35 am WV Department of Agriculture – Matt Monroe 11:55 am Lunch (Brown Bag) 1:00 pm WV DEP Abandoned Mine Lands (AML) – Shelia Vukovich 1:10 pm WV DEP Special Reclamation (Bond Forfeiture) – Alyce Lee 1:20 pm WV DEP Division of Water & Waste Management - NPDES – Bob Bates 1:35 pm WV DEP Division of Mining and Reclamation - NPDES Article 11 Surface Mining Control and Reclamation Act (SMCRA) Article 3 Mining & Trend Network Information – Ken Politan 2:00 pm WV Division of Natural Resources (TBA) 2:15 pm Friends of Cheat – Keith Pitzer 2:30 pm Break 2:40 pm WV Department of Health & Human Resources – Rick Shaver 2:55 pm WV Save Our Streams (WV SOS) Program – Tim Craddock 3:10 pm WV DEP GIS information – Larry Evans 3:30 pm Wrap-up/Comments Presenter Speaking Points Introduction to the Agency including Agency mission Sampling Plans- purpose for sampling with brief explanation (regulatory, research, program mandate, trends, etc) Locations – How are locations determined? How are locations recorded (GPS)? Collection – Type of collection (grab, composite or continuous) Parameters sampled – water chemistry (pH, dissolved oxygen, fecal, etc) Is flow monitoring included? Does the organization do macroinvertebrate sampling? Frequency of Sampling – how often are samples collected? Analysis - Field or laboratory Agency or contract laboratory Analytical methods reference Data Storage – Paper or electronic Agency database or stand alone Is GIS data available? (Type and date of coverage) Contact for GIS files or questions Data Availability - Is it available to the public Web based system or must it be requested (Is a Freedom of Information Act request required?) Overview of future monitoring plans – brief and concise Final Points Any website links you would like to provide? Identify any reports generated based on sampling program and how reports are accessed (electronic / hard copy) Identify contacts in your organization for follow-up questions or additional information. ~PLEASE PASS THIS ANNOUNCEMENT ALONG TO OTHERS THAT MAY BE INTERESTED IN ATTENDING! **************Need a job? Find employment help in your area. (http://yellowpages.aol.com/search?query=employment_agencies&ncid=emlcntusye…)

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Cheat Lake drawdown in progress .. .
by Duane330＠aol.com 13 Mar '09

13 Mar '09

NOTICE. The following ad was on Page 2-A of today's Dominion Post. This indicates that the Lake is being drawn down some 11.5 feet from the 870 elevation. This is necessary to permit maintenance work on the Lake Lynn Dam itself. This drawdown provides an opportunity for dock owners to perform maintenance work around the Lake. Duane Nichols, Cheat Lake Environment & Recreation Association. See also the following web site: _www.cheatlaketoday.com_ (http://www.cheatlaketoday.com) **************Need a job? Find employment help in your area. (http://yellowpages.aol.com/search?query=employment_agencies&ncid=emlcntusye…)

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7pm Wed. Cheat Lake Fire Hall
by Duane330＠aol.com 09 Mar '09

09 Mar '09

Note. The Triennial Review meeting for the Cheat Lake Park and Trail is this coming Wednesday evening, March 11th, at 7 pm at the Cheat Lake Fire Hall. This is an important meeting. Competing events are the Big East basketball tournament, WVU vs. Notre Dame; and, there is a protest in Morgantown regarding the Darwin series speakers. I'll be at the Cheat Lake Fire Hall at 7pm the catch what is left of the other two. Duane Nichols. p.s. If you cannot attend, but have comments or wish to support the position of CLEAR, please send me an email so that I can be vocal about the important topics. Thank you very much. duane330(a)aol.com **************Need a job? Find employment help in your area. (http://yellowpages.aol.com/search?query=employment_agencies&ncid=emlcntusye…)

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DRAFT-Recreation Plan Update comments
by Duane330＠aol.com 27 Feb '09

27 Feb '09

CHEAT LAKE ENVIRONMENT AND RECREATION ASSOCIATION DRAFT—please comment a.s.a.p. Date: March 2, 2009 [see _www.cheatlaketoday.com_ (http://www.cheatlaketoday.com) ] Charles L. Simons, Recreation & Environmental Affairs Allegheny Energy Supply Company 4350 Northern Pike Monroeville, PA 15146-2841 Subject: Lake Lynn Hydro Station FERC Project No. 2459, License Article 417. 2009 RECREATION PLAN UPDATE CLEAR agrees with the conclusion that the “winter boat launch facility” near the Park headquarters, on the peninsula, should be open for usage only after the “summer pool height” season has passed. That is when it is needed, and that is when it’s usage will not interfere with the users of the Park and Trail. CLEAR believes that significant upgrades are needed at the end of the South Trail, for year-round support of trail users. First, the “observation deck” formerly located there should be re-established with a floating platform in the Lake to permit temporary tie-ups for small boats, as canoes or small motor craft, so as to provide access from the Lake to the end of the trail. This would also serve security, law-enforcement and recreation activities. Secondly, a bicycle rack and a picnic table should be located at the end of the trail to serve the recreational activities already present. If trail users were able to lock their bicycles to a rack, this would free the individual(s) for walking into the Cheat Haven Wildlife Viewing Area. CLEAR is supportive of a “primitive walking trail” in the Cheat Haven Wildlife Viewing Area. We have had some involvement with the on-going effort to establish this trail, which would benefit from appropriate signage and/or postings. CLEAR believes that the “privileged permit sites” should be administered via a set of rules that are known to the public and that annual statistics should be reported on the exact number of sites, the number of years each site has been leased by the same individual or family (with a limit of 5 years in the future for each site), and the charge made by AE for each site. Procedures which are fair and just to the public would involve a rotational procedure that provided an opportunity to the public to participate in these sites. At present, we suspect that a family can hold a site indefinitely passing it down from one generation to another. The current condition of many sites is “poor ”. That is, there is substantial debris on a number of the sites, there are permanent structures on a number of them, and there appears to be no common standard for their maintenance. CLEAR believes that the gate at Manning Run which limits access to the South Trail during the winter months could be opened during the daylight hours so as to permit hiking or cross-country ski access. There is little or no demonstrated security risk that justifies excluding hikers or skiers during the winter months. The primary facilities that need to be protected are north of the Manning Run gate. CLEAR believes that the Lake level should be reduced by one or two feet during the summer boating season, particularly on week-ends and holidays, to reduce the shore-line erosion from boat wake, given that the current level of strong waves during these periods is substantially eroding the shoreline at many locations. CLEAR recommends and is supportive of a study of the “carrying capacity” of Cheat Lake for boating (various types), fishing (various types), hiking, camping, docking, etc. The 19 picnic sites on the hillside loop are rarely used, so this area could be restructured to permit overnight camping for individual families, with a limit of three days stay, for example. AE admits that “ the least used facility is the picnic tables located in the picnic loop and near the Lake.” [See page 7 of the AE Recreation Plan Update, dated February 2009.] CLEAR believes that it is important to note that swimming is occurring in Cheat Lake, at a number of locations. This is primarily off boats moored in the Ruble Run and Morgan Run backwaters, at the Emma Kaufmann Camp, and off many of the various docks around the Lake. Swimming is not uncommon at the Old Iron Bridge, under the Interstate Bridge, and off the old piers of the former bridge over the Manning Run backwater. It would be reasonable to authorize CLEAR to establish a limited swimming area for children at the Mill Stone Point, which is adjacent to the “day-use boat docks” and the “fish cleaning station”. CLEAR believes that a Ranger should be hired to work five days each week during the summer months in support of recreation, health and safety, and security at the Park and Trail. This ranger would be knowledgeable in the fields of recreation and the environment as well as the history of the region. The ranger would also be authorized to provide security functions for the Park and Trail. Given current level of usage of the Park and Trail as well as the level of boating and fishing involved with the Lake, this is an overdue feature for the facilities involved. CLEAR is supportive of the establishment of a “Sheepskin Trail” that would extend from north of the area, to interface with the Cheat Lake Park and Trail at the Dam, that would extend over to and through Pt. Marion, PA, and then south along the Monongahela River to the WV State Line. We are submitting these “initial comments” by the published deadline of March 2, 2009 and intend to participate in the Public Meeting at the Cheat Lake Fire Hall on Wednesday, March 11, 2009. We reserve the opportunity to extend or clarify our comments for two weeks after the Public Meeting. Duane G. Nichols Duane G. Nichols, President Cheat Lake Environment & Recreation Association 330 Dream Catcher Circle Morgantown, WV 26508 **************Get a jump start on your taxes. Find a tax professional in your neighborhood today. (http://yellowpages.aol.com/search?query=Tax+Return+Preparation+%26+Filing&n…)

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Cheat Lake Park/Trail - comments due Feb 29!
by Peggy Pings 15 Feb '09

15 Feb '09

All, Friends of Cheat Lake Trail, the rail-trail community, the Mon County/Morgantown bike-ped boards, and WV State Trails Coordinator Bill Robinson, Spread the word.... Please read the attached 1.5 MB file. It is the Cheat Lake Park/Trail Recreation Update, found at: http://www.cheatlaketoday.com/ Have you been to the Cheat Lake Park & Trail before? Opened in June 2000, it is a 4.5 mile rail-trail, and 263 acre park, that includes the "140-acre Cheat Haven Peninsula nature viewing area". It is all owned & managed by Allegheny Power, as part of their hydropower license with FERC (Federal Energy Regulatory Commission). They are undergoing their Triennial Review requirements, to prove that they are meeting the public need. It is my personal opinion that they have a lot more they could be doing to better meet the public need. Feb 29. Written comments are due. Chuck Simon's email is csimons(a)alleghenyenergy.com Mar 11. Public meeting, 7pm, Cheat Lake VFD. ( mailto:csimons@alleghenyenergy.com ) Read on..... ------------- Here's a couple quick thoughts, and yes, I think letters are in order from whoever wants the Cheat Lake Park/Trail improved: Proposed Changes Page 8. Sec 3.4. "As previously stated, the recreational facilities provided are meeting the demonstrated demand for the general use for this area. Based on an evaluation of the usage figures the facilities are adequate for non-peak period demand. AE will continue to monitor usage to determine if any changes are warranted; however, at this time, no changes to the type, access and operation of facilities is proposed in this update." Hiking Trail. Yes, we should support the trail system, but we (the group) are suggesting a single-track dirt trail, nothing more. I would like to see this trail system link up into the Greystone community, slipping in from the wooded edge of the golf course to the roads, so the neighborhood that is not adjacent will have better bike/ped access. Need interpretive & directional signs, a little trailhead to park bikes safely while you walk the trail, and control of invasive species mentioned. Page 4. Sec 2.4. "The 140 acre Cheat Haven Peninsula area was designed to allow hikers to leave the hiking/biking trail and hike through the woods. AE is currently working with several individuals in the development of a primitive walking trail in this area. If an agreement can be reached, AE will include this new trail as part of this Plan Update and will file for an amendment with the FERC, if required. AE believes that a developed walking trail will help eliminate the possible destruction of habitat because individuals will be directed through the viewing area." Public Access Docks. Did you notice all 5 docks have been removed? Now, the visiting public has even worse access to the water. The map on page 26 shows where they used to be (as if they are still there). Page 3. Sec 2.2. "The five public access decks have been removed due to safety concerns. Over the last several years, vandalism of the locking pins and general horseplay on the access docks has lead to their removal. Also, in several locations with the shoreline shifting, several of the stairways were rendered unsafe and have been removed.The five public access decks have been removed due to safety concerns. Over the last several years, vandalism of the locking pins and general horseplay on the access docks has lead to their removal. Also, in several locations with the shoreline shifting, several of the stairways were rendered unsafe and have been removed." Trail Closure. The southern 3.1 miles is still closed to the public 4 months of the year (Nov1-Mar1). This has always been Totally Unacceptable to everyone, except a few adjacent Greystone landowners up high on the hill! Folks, winter conditions are not a problem for rail-trails, as they have repeatedly suggested! No other rail-trails that I know of close down for the winter. It looks like perhaps Page 3. Sec 2.2. "After the previous Recreation Plan Update (RPU) in 2006, AE did agree to open the the Southern Trail two additional months each year. This section of trail is now open from March 1 through October 31st." Management. Nothing on proposed/improved management changes (Bruce Miller's written proposal), nor changes made over the years -- this has been very secretive - not transparent at all. It should be managed as a community park, and it is not. For the amount of money AP spends on security and maintenance, we could have a very nicely managed regional park. The security guy is nice enough, but not welcoming. In fact, he has told me that "this is private property" when I stopped into his office one afternoon, making me feel unwelcome (but I knew better... that it was free & open to the public). There is no promotion of the Park/Trail, except word of mouth, and a really bad website that hardly anyone knows about. Directional Signs are missing along Rt 857. The map at the parking area has bad water/sun damage & cannot be read. There are no decent maps/brochures available. There are no events / activities. The park/trail is over 50% underutilized -- I can guess why. Page 7. Sec 3.1. "Most of the facilities at Cheat Lake Park and Trail are currently being used at less than 50% capacity for off-peak weekend days." I have plenty more ideas for improvement. What can you come up with? Peggy Pings 304-879-5622 home mpings(a)wvu.edu

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TDS monitoring in Penna.
by Duane330＠aol.com 22 Jan '09

22 Jan '09

Total Dissolved Solids in Monongahela River Drop Significantly Below State, Federal Limits DEP to Continue Monitoring Levels, Taking Samples <LOCATION>, , <CHRO /PRNewswire-USNewswire/ -- The Department of Environmental Protection confirmed today that levels of total dissolved solids, or TDS, in the Monongahela River have dropped and remain well below state and federal guidelines. Three weeks of laboratory data on water samples from the river found TDS levels below the 500 parts per million criteria established by the department and the U.S. Environmental Protection Agency. The latest results from Three w recorded levels ranging from 110 ppm to 196 ppm. In comparison, lab results for water samples collected on In comp, when the highest TDS levels were detected, ranged from 438 ppm to 908 ppm. Unusually high TDS levels were first detected on Unusually high TDS le at points along approximately 70 stream miles on the Monongahela River between the at points al border and the confluence of the Youghiogheny and the Monongahela rivers in , , <LOCATION>Allegheny . By November, high TDS levels were detected as far north as "The By No" in " in <LOCA, where the , meets the Allegheny River to form the Ohio River. DEP will continue to monitor the United States Geological Survey river gauges for conductivity, which is a far less expensive and time consuming alternative to lab analyses. If conductivity levels increase significantly, DEP may resume sampling. In addition, DEP is working with water suppliers through the River Alert and Information Network to develop a regional water quality monitoring system. While elevated levels of TDS do not represent a major human health risk, TDS can affect the taste and odor of drinking water. For that reason, secondary maximum contaminant levels of 500 parts per million were established for the commonwealth's drinking water and waterways. TDS is a measure of all elements dissolved in water and can include carbonates, chlorides, sulfates, nitrates, sodium, potassium, calcium and magnesium. Sources of TDS can include abandoned mine drainage, stormwater runoff, waste water from gas well drilling and discharges from industrial or sewage treatment plants. CONTACT: Helen Humphreys (412) 442-4183 **************From Wall Street to Main Street and everywhere in between, stay up-to-date with the latest news. (http://aol.com?ncid=emlcntaolcom00000023)

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Mountain Top Removal film
by Duane330＠aol.com 10 Jan '09

10 Jan '09

The public is invited to attend a Sierra Club meeting on January 15th at 6:30 PM at Our Studio, 601D East Brockway. Directions are available at www.ourstudio.org. We plan to watch a film about Mountain Top Removal called Mountain Mourning and discuss conservation initiatives for WV. For further information contact Sandy at 290-8733. **************New year...new news. Be the first to know what is making headlines. (http://news.aol.com?ncid=emlcntusnews00000002)

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The Ohio River of Filth
by Duane330＠aol.com 30 Dec '08

30 Dec '08

The River Of Filth Half of Ohio River unfit to swim from fecal bacteria >From Staff Reports, Wheeling Intelligencer, December 26, 2008. WHEELING - West Virginia is working with five other states and the federal government to clean up about 475 miles of the Ohio River that is sometimes unfit for swimming because of sewage. The Ohio River Valley Water Sanitation Commission analyzed more than 14,000 samples taken between Pittsburgh and Cairo, Ill., and found high fecal counts following heavy rains along almost half of the 981-mile river. The amount of harmful pathogens from sewage found in local samples of Ohio River water exceeded acceptable limits many times in May, June and July and on a few occasions in August, September and October. An average monthly level of fecal coliform that is considered safe is 200/100 milliliters of water, according to the study. For E. coli, a safe monthly average is listed at 130/100 milliliters. But in May alone, levels of fecal coliform in samples taken at four local points along the river all exceeded those safe monthly averages: At Pike Island, the monthly average for May was 527/100 milliliters; at Warwood, 458/100 milliliters; at Wheeling, 701/100 milliliters; and at the Ohio-Marshall county line, 894/100 milliliters. The monthly May average for E.coli was much the same, with readings including: Pike Island, 186/100 milliliters; Warwood, 178/100 milliliters; Wheeling, 124/100 milliliters; and the Ohio-Marshall county line, 544/100 milliliters. Although the average amount of E. coli at Wheeling did fall within acceptable limits, the fecal coliform level made the overall pathogen level unacceptable. Much of the sewage in the river came from treatment-plant overflows, groundwater runoff from farms and slaughterhouses, and tanning, pulp and paper factories, ORSANCO said. Roughly 2,000 companies and municipalities have permits to discharge treated wastewater into the Ohio River and its 130 tributaries. Problems occur when heavy rains cause water flows to exceed treatment plants' capacity, allowing untreated waste to flow into the river. The Ohio provides drinking water to nearly 3 million people and is a major transportation route. It also is a source for manufacturing and power generation. The commission is working with the U.S. Environmental Protection Agency and Illinois, Indiana, Kentucky, Ohio, Pennsylvania and West Virginia to develop a remediation plan required to meet water quality standards of the federal Clean Water Act. Tetra Tech Inc. of Fairfax, Va., has been hired to provide consulting services and help develop the plan by 2010. Public hearings are scheduled next month in all six states. **************One site keeps you connected to all your email: AOL Mail, Gmail, and Yahoo Mail. Try it now. (http://www.aol.com/?optin=new-dp&icid=aolcom40vanity&ncid=emlcntaolcom00000…)

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Final EPA Non-Attainment Designations PM 2.5
by Duane330＠aol.com 24 Dec '08

24 Dec '08

West Virginia Charleston, WV Kanawha Putnam Kanawha Putnam Kanawha Putnam Huntington-Ashland, WV-KY-OH Cabell Mason (p) Wayne Cabell Mason (p) Wayne Morgantown, WV Monongalia Monongalia Parkersburg-Marietta, WV-OH Pleasants Wood Pleasants (p) Wood Pleasants (p) Wood Steubenville-Weirton, OH-WV Brooke Hancock Brooke Hancock Brooke Hancock See the following web site.............. _http://www.epa.gov/pmdesignations/2006standards/regs.htm#3_ (http://www.epa.gov/pmdesignations/2006standards/regs.htm#3) **************One site keeps you connected to all your email: AOL Mail, Gmail, and Yahoo Mail. Try it now. (http://www.aol.com/?optin=new-dp&icid=aolcom40vanity&ncid=emlcntaolcom00000…)

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Pennsylvania concerned about waste water
by duane330＠aol.com 22 Dec '08

22 Dec '08

State concerned about waste water from new gas wells Sunday, December 21, 2008, By Don Hopey, Pittsburgh Post-Gazette Gas well drillers tapping into the deep Marcellus Shales add up to 54 substances, some of them toxic, to the water they use to fracture that rock and release the gas. And the state Department of Environmental Protection doesn't know what chemicals, metals and possibly radioactive elements are in the waste water that is pushed out of the wells. It is discharged into the state's aterways including the Monongahela River, from which 350,000 people get their drinking water. "That's the bigger issue. They don't have an analysis of what's in the waste water they're pulling out," said Dr. Conrad Dan Volz, assistant professor in the Graduate School of Public Health at the University of Pittsburgh. "What they're putting into the wells can chemically change and be added to underground, and no one is saying how much arsenic, manganese, cobalt, chromium and lead is in the stuff. Depending on the concentration, it could be a hazardous waste." Each well drilled into the Marcellus Shales, which lie at least a mile deep beneath parts of Pennsylvania, New York, West Virginia and Ohio, uses up to 4 million gallons of water to fracture the rock and release natural gas. The chemicals are added to the "frac" water that is pumped into the wells under high pressure to reduce friction in the pipe and allow the water to flow more freely into the rock layers. Among the chemical additives are formaldehyde, a human carcinogen; various acids; a variety of petroleum compounds and several pesticides that are toxic to fish and other aquatic life. Many of the chemicals, depending on their concentrations, can also cause human skin, eye and nose irritations, and damage kidney, heart, liver and lung function. Much of that frac water -- about 40 percent of the total used -- is pushed back to the surface\ ?by the gas released from the shale, and it must be disposed of. "Yes, we're concerned," said Mark Hartle, chief of aquatic resources for the Pennsylvania Fish and Boat Commission. "And we're more concerned with the recovered fluids from the wells than ?with the water they use to do the fracing initially. The problem is, we're not sure what they're ?ending up with so we don't know the constituents of the discharges." Lou D'Amico, executive director of the Independent Oil & Gas Association of Pennsylvania, said frac water chemical concentrations are low and treatment facilities are removing much of the metals and dissolved solids from the waste water. "Companies are committed to huge investments to treat the waste water, because without that we're out of business," Mr. D'Amico said. "We're very aware of all the environmental and public concerns, and our mission is to develop the Marcellus shale as an economic benefit to Pennsylvania and in an environmentally sensitive way." He said drilling and fracing companies are doing a wide-ranging survey of the waste water, also known as "flow-back water," to show it is not a health hazard. Tom Rathbun, a DEP spokesman, said the department also is doing a chemical analysis of the waste water, a study that should be done by the first of the year. "We have a general idea but want to know for sure," Mr. Rathbun said. "If it's different, we will make the necessary adjustments. "I don't think they've been doing enough Marcellus Shales drilling so far to make a difference," Mr. Rathbun said. "But the gas industry needs to come up with a way to deal with this. A couple of companies want to do on-site water treatment, and others are looking at different recycling technologies." He said there are now only about 20 active Marcellus Shales gas wells. But there has been drilling activity at more than 300 in Pennsylvania, and another 250 have been issued state permits. The drilling and water discharges have attracted the attention of the U.S. Environmental Protection Agency. "It is an issue that's been on our radar for a while and currently a matter we're looking into," said Dave McGuigan, associate director of EPA's regional office of permits and enforcement. "The question is what is in [well waste water] and what are the treatment facilities doing with it." Some of the waste water is taken to DEP-approved municipal sewer authorities that dilute it with their regular effluent before discharging it into a river or stream. Some is trucked to one of the state's six industrial water treatment facilities, where metals, oils and some dissolved solids are removed but where waste salts are a disposal problem exacerbated by the volume of the waste water. "The salts are the biggest issue right now and the most expensive thing to remove from the highly concentrated brines," said Paul Hart, president of Pennsylvania Brine Treatment Inc., who owns three of the state's six industrial treatment facilities and wants to build six more. Mr. Hart criticized the DEP for slow action on permit applications for new treatment facilities, for regulating the well water as waste, which limits the ability of drillers and treatment facilities ?to recycle it, and for failing to determine the composition of the waste water. "The Marcellus has wide variations in the amount of iron, barium and salt, and we need to know the high and low marks so we can treat it and we're still determining that," he said. ?"Right now we don't know as much as we'd like to know." The drilling companies provide the DEP with lists of chemicals they add to the water but not the amounts of specific mixtures, claiming that is proprietary information. Four of the chemical compounds are complex pesticides that scientific assessments have determined are "very toxic to fish." One, 2.2-Dibromo-3-nitrilopropionamide, retards fetal development in rabbits. The pesticides are added to the drill water to stop the growth of algae in temporary holding ?ponds and tanks built next to the drilling pads. Algae and other "biofilms" can foul pumps used to push the water underground and into the shale. None of those chemicals should be discharged directly into surface water such as the Monongahela River, said Dr. Volz, who is studying the effects of pollutants in the rivers. "If there's enough biocide to kill algae, by the looks of this bromated compound there's enough to do damage to fish," Dr. Volz said. "Throwing it in the water is just crazy." He said formaldehyde, which is a human carcinogen, "is always a concern," but any risk is impossible to assess without knowing its concentration. In addition to the pesticides, the chemicals added to the well "fracing" water include acids to dissolve cement around the pipe casings and open perforations in the pipe for the water to flow through and into the shale formation; friction reducers to make pumping easier; and additives to keep clay from reducing the flow of the released gas. Different pumping companies use different frac-fluid recipes and formulas and different combinations and amounts of those chemicals. A report on the chemical additives requested by DEP's Bureau of Oil & Gas Management and prepared for the Independent Oil & Gas Association of Pennsylvania states that care and controls are used to prevent the frac chemicals and chemical water solutions from contaminating surface and ground water near the wells. The report also notes that water in the Marcellus Shales contains high concentrations of dissolved solids, making it unsuitable as a drinking, agricultural or industrial water supply. The DEP and public water suppliers have said the high TDS levels are not a health concern. But David Dzombeck, an environmental engineering professor at Carnegie Mellon University, said without knowing the chemical composition of the dissolved solids, that's hard to confirm. Don Hopey can be reached at 412-263-1983. First published on December 21, 2008 at 12:00 am Source:? http://www.post-gazette.com/pg/08356/936646-113.stm PICTURE Caption:? A drilling rig used to bore thousands of feet into the earth to extract natural gas from the Marcellus Shales deep underground is seen on the hill above the pond on John Dunn's farm in Houston, Pa., in October.

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WVWN Agenda for tomorrow
by duane330＠aol.com 02 Dec '08

02 Dec '08

WVWN 2008 Winter Meeting Free Everyone Welcome “Riparian Areas Resources and Strategies” Wednesday, December 3, 2008 Lakeview Resort, Morgantown WV AGENDA 10:00 – 10:20 Introduction , Tim Craddock, WV Save Our Streams Tim will describe the connection between riparian buffers, water quality, and the ecological integrity of streams. 10:20 – 11:20 Funding Panel Discussion – Facilitated by Alvan Gale q Wildlife Habitat Incentive Program, Bill O’Donnell, NRCS WHIP Program Manager q Conservation Reserve Enhancement Program, Kevin Hinkle USDA Farm Service Agency q Partners for Fish and Wildlife, John Schmidt , USFWS q Mining Mitigation, Dennis Stottlemeyer, WV DEP Mining and Reclamaiton q Transportation and Enhancement, Bill Robinson, WV DOT 11:20 – 11:30 BREAK The afternoon sessions will be presentations from project organizers outlining the following: q Planning q Design q Implementation q Monitoring and Maintenance q Lessons Learned – what did not work and things to consider such as planting times, manpower needed, availability of trees, laying out the site 11:30 – Noon Sleepy Creek Riparian Planting, Gale Foulds, Sleepy Creek WSA and Barbie Elliott, WV Conservation Agency Noon – 1:00 LUNCH on your own C2 1:00 – 1:30 Riparian Area Electric Fencing Demonstration, Neil Gillies, Cacapon Institute 1:30 – 2:00 Wardensville Project, Carla Hardy, WV Conservation Agency 2:00 – 2:10 BREAK 2:10 – 2:40 Mining Reforestation, Scott Eggerud, DEP DMR 2:45 – 3:10 Group Discussion on Lessons Learned – Facilitated by Rick Buckley 3:10 – 3:15 Evaluations and Wrap Up

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Fwd: WVWN Meeting Reminder - Dec 3 Morgantown
by Duane330＠aol.com 01 Dec '08

01 Dec '08

For Your Information. **************Life should be easier. So should your homepage. Try the NEW AOL.com. (http://www.aol.com/?optin=new-dp&icid=aolcom40vanity&ncid=emlcntaolcom00000…)

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Re: [CLEAR] High TDS in Mon River
by James Kotcon 23 Nov '08

23 Nov '08

This story suggests that PA-DEP first became aware of the problem on Oct. 10 due to air violations at Hatfields Ferry. But the report Duane circulated illustrates spikes at California, Charleroi, and Belle Vernon, PA. All of these are welll downstream of Hatfields Ferry? The story says MUB has rejected brine from gas drillers, so where is the high TDS coming from? JBK State Needs to Plan for Gas Well Drilling Brine Posted Thursday, November 20, 2008 ; 01:50 PM A long-term plan for gas well drilling water disposal may be one outcome of this fall's water quality problem on the Monongahela River in Pennsylvania. Story by Pam Kasey Email | Bio | Other Stories by Pam Kasey MORGANTOWN -- A long-term plan for gas well drilling water disposal may be one outcome of this fall's water quality problem on the Monongahela River in Pennsylvania. Environmental regulators need to anticipate how much brine the coming boom in Marcellus shale gas well drilling will generate and how much of that the rivers can handle, according to one scientist. All Connected The Monongahela River problem first came to the attention of Pennsylvania Department of Environmental Protection officials Oct. 10, explained PADEP Aquatic Biologist Supervisor Rick Spear at a Nov. 14 Morgantown meeting of agency officials, researchers, nonprofit groups and residents from both Pennsylvania and West Virginia. On Oct. 10, Spear said, Allegheny Energy's Hatfield's Ferry Power Station violated its air emissions permit. What followed is a study in how everything is connected. The power station's problem, it turned out, originated in the cooling water it withdrew from the Monongahela River: Unusually high levels of the salts that, with other substances, make up the contaminant "total dissolved solids" (TDS). TDS is not a human health hazard but, at concentrations above the Pennsylvania water quality standard of 500 milligrams/liter, it can harm industrial equipment and affect the smell and taste of drinking water, officials said. PADEP asked the U.S. Army Corps of Engineers to increase releases from dams upriver in West Virginia to dilute the contaminants. And the Corps called the West Virginia Division of Natural Resources, which manages the facilities at Tygart Lake State Park. Tygart Lake, it turns out, is on drought watch. Releasing much more from the dam would leave the boat ramps high and dry. "That's going to affect our fishing," said DNR Fisheries Biologist Frank Jernejcic at the meeting. "This potentially has a lot of ramifications, not only for water quality but for access areas and other things." PADEP stepped up its water quality sampling and found concentrations above 900 mg/L below wastewater treatment plants on the Monongahela River in Pennsylvania. They traced it to gas well drilling brine the plants had accepted but could not, with standard technology, fully treat. By Oct. 22, PADEP ordered nine wastewater treatment plants on the Monongahela River to curtail gas well drilling brine treatment until further notice. Did West Virginia Contribute? An outstanding question concerns October data showing TDS levels as high as 500 mg/L as the Monongahela River entered Pennsylvania from West Virginia. The main problem was not in West Virginia, according to Paul Ziemkiewicz, director of the West Virginia Water Research Institute at West Virginia University. PADEP's sampling data show clearly that the TDS numbers spiked at the wastewater treatment plants, Ziemkiewicz said. Still, some wonder whether the West Virginia TDS numbers are unusually high for this time of year and, if so, whether that's due to low flows or to some new upriver discharge. Historical data are not immediately available, but Ziemkiewicz said he's very interested in getting them. Management Options Here's why. The Marcellus shale natural gas boom has only just begun. PADEP's Spear estimated that there are 50 to 150 Marcellus gas wells in operation in Pennsylvania and said that the number is projected to increase "dramatically." Just one company operating in West Virginia, Chesapeake Energy Corp., expects to drill 30 to 40 Marcellus wells in 2009, primarily in Wetzel County, according to vice president Scott Rotruck. Drillers in West Virginia typically inject their brine deep underground or send it out of state. But this fall's incident made it clear that even out-of-state discharges can have effects in West Virginia. Ziemkiewicz suggested a near-term management option. "We'll need to start looking at whether you can manage some of these discharges to the river," he said, "by simply encouraging people to discharge during high flow periods and to stop when river gets low, on a voluntary basis. That's something that could happen right away." But more importantly, for longer-term planning, Ziemkiewicz is considering a research project that would use historical flow and water quality data to calculate how much brine the rivers can dilute. Regulators need to think now about how much drilling brine they can expect in the coming years, he said. If they know how much the rivers will be able to handle, they can plan better for volumes above that. Specialized treatment is one possibility. Morgantown Utility Board General Manager James Green said MUB has rejected water from gas well drillers. "They're talking to engineers right now about building a plant that's focused directly on treating this brine," Green said. At the Nov. 14 meeting, Jernejcic said he joined DNR in the 1970s, "before the fish" -- that is, back when the Monongahela River was almost completely dead because of acid mine drainage. It now supports prized fisheries and continues to improve. He wants to see planning for gas well drilling brine happen now. Copyright 2008 West Virginia Media. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. >>> <Duane330(a)aol.com> 11/22/08 1:08 PM >>> RE: High TDS in Mon River. See the attachment for the Report of the WVU Water Research Institute on the Mon River. Duane p.s. This report is also accessible from the home site of the Upper Monongahela River Association under the Marsellus Shale topic: _www.uppermon.org_ (http://www.uppermon.org) **************One site has it all. Your email accounts, your social networks, and the things you love. 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High TDS in Mon River
by Duane330＠aol.com 22 Nov '08

22 Nov '08

RE: High TDS in Mon River. See the attachment for the Report of the WVU Water Research Institute on the Mon River. Duane p.s. This report is also accessible from the home site of the Upper Monongahela River Association under the Marsellus Shale topic: _www.uppermon.org_ (http://www.uppermon.org) **************One site has it all. Your email accounts, your social networks, and the things you love. Try the new AOL.com today!(http://pr.atwola.com/promoclk/100000075x1212962939x1200825291/aol?re… %26icid=aolcom40vanity%26ncid=emlcntaolcom00000001)

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Proposed purchase of EC/pH multimeter
by Duane330＠aol.com 17 Nov '08

17 Nov '08

To: CLEAR members and friends....................... It is proposed that CLEAR purchase a portable meter that measures Electrical Conductivity (EC) and pH for use on Cheat Lake and the local feeder streams. This will be particularly valuable during times of low flow, when there are releases of pollutants upstream or when the local feeder streams are suspected of contamination of the Lake. [We already have a turbidity meter that I have been using as has Mike Strager, our VP.] We have enough money on hand. And, we have $2000 of credit with the Mon Co. Commission for reimbursement after expenditures, much of which is to be used for educational programs dealing with recreation in the Cheat Lake Park and Trail. PROPOSED PURCHASE A.S.A.P Page 362, Cole Parmer, 2009/2010 Catalog: Oakton Waterproof Multiparameter Testr 35-Series Pocket Meter Package: Catalog number ED-35425-00………..EC & pH Multi-Pocket Meter……………………… .$125. Catalog number ED-35425-50……….Replacement module…………………………..$67. Catalog number ED-09377-16……….Replacement batteries (pack of 6)…………… ..$13.50 Catalog number ED-35624-70………..Hard carry case & pH pouches…………………$31.70 Total………………………………………………………………………………………$237.20 PLEASE LET ME KNOW IF YOU HAVE ANY QUESTIONS, CONCERNS, OBJECTIONS OR ALTERNATIVES. THANK YOU. Duane Nichols, 599-8040, Cell: 304-216-5535. _duane330(a)aol.com_ (mailto:duane330@aol.com) **************Get the Moviefone Toolbar. Showtimes, theaters, movie news & more!(http://pr.atwola.com/promoclk/100000075x1212774565x1200812037/aol?red… p://toolbar.aol.com/moviefone/download.html?ncid=emlcntusdown00000001)

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Conservation Award of DAC
by duane330＠aol.com 16 Nov '08

16 Nov '08

The Conservation Award of the Monongahela Chapter of the Daughters of the American Colonists was given to Duane Nichols on November 15, 2008 for his work on the Cheat River watershed.?? The Award was granted at the Morgantown Public Library after a presentation by Duane Nichols on the regional history of the Cheat River covering the period from 1750 to the present time.?

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Longview's Acid Rain Permit
by duane330＠aol.com 06 Nov '08

06 Nov '08

=========================================================== Thursday, November 6, 2008 @ 3:31 PM =========================================================== NOTICE OF COMMENT PERIOD FOR DRAFT/PROPOSED ACID RAIN PERMIT Under Phase II of the Acid Rain Program (40 CFR 72 and 45CSR33), the West Virginia Department of Environmental Protection, Division of Air Quality (DAQ) proposes to approve a Phase II Acid Rain Permit, R33-56671-2013-1, for Unit 001 at Longview Power LLC’s Longview Power facility located near Morgantown, West Virginia. Longview Power is not eligible to receive sulfur dioxide (SO2) allowance allocations from the U.S. EPA under 40 CFR part 73, but may acquire allowances from other sources. This unit is still obligated to hold SO2 allowances as required under and in accordance with 40 CFR §72.9(c)(1). One allowance authorizes the unit to emit one ton of sulfur dioxide. The permit does not affect Longview Power’s responsibility to meet all other existing local, state and federal requirements related to SO2 and nitrogen oxide (NOx) emissions. The Designated Representative for Longview Power is Mr. Charles Huguenard of Longview Power LLC, 306 Dents Run Road, Morgantown, WV 26501. All written comments submitted by the public and affected state(s) pursuant to this notice must be received by the DAQ within thirty (30) days of the date of publication of this notice. Under the Direct proposed procedures of 40 CFR §72.72(b)(1)(v), if no significant, adverse comments are timely submitted, the proposed permit will be deemed issued on the publication date of this notice or from the date the USEPA receives this draft/proposed permit, whichever is later. Written comments submitted by the USEPA must be received by the DAQ within forty-five (45) days from such date. If significant, adverse comments are timely submitted, the proposed permit will be issued in accordance with 40 CFR §72.72(b)(1)(iv). In the event that the 30th//45th day is a Saturday, Sunday, or legal holiday, the comment period will be extended until 5:00 p.m. on the following regularly scheduled business day. Copies of the Draft/Proposed Permit may be downloaded from the DAQ's web site at the following address: http://www.wvdep.org/daq The Draft/Proposed Permit and the Administrative Record, except information protected as confidential, are available for public review at the following location(s) between the hours of 8:00 a.m. to 5:00 p.m.: WV Department of Environmental Protection Division of Air Quality 601 57th Street, SE Charleston, WV 25304 Contact: Frederick Tipane (304) 926-0499 ext. 1215 OR WV Department of Environmental Protection Division of Air Quality North Central Regional Office 2031 Pleasant Valley Road, Suite #1 Fairmont, WV 26554-9295 (304) 368-3910 Send comments, and/or requests for a public hearing to John A. Benedict, Director, Division of Air Quality, at the above Charleston address. Submit all comments in duplicate and identify the permit to which the comments apply. The submission shall include the commenter’s name and address, the commenter’s interest in this matter and the affiliation, if any, the commenter has to the owner or operator of the unit(s) covered by the permit. All relevant, timely comments will be considered except for those pertaining to any standard requirement under 40 CFR §72.9 and issues not related to the permit, such as the environmental effects of acid rain or permit issuance procedures or actions on other permit applications not relevant to the issuance or denial of the permit. Any person who requests a public hearing must state the issues proposed to be raised in the hearing. If the DAQ finds that a hearing will contribute to the decision making process by clarifying significant issues affecting the draft/proposed permit, a hearing will be announced.

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WV Watershed Network -- 12/3/08
by Duane330＠aol.com 28 Oct '08

28 Oct '08

Riparian Areas Resources and Strategies Wednesday, December 3, 2008 10:00 a.m. – 3:15 P.M. Lakeview Golf Resort and Spa Morgantown, WV WVWN 2008 Winter Meeting "Riparian Areas Resources and Strategies" Wednesday, December 3 2008 Lakeview Resort, Morgantown WV AGENDA 10:00 – 10:20 Introduction , Tim Craddock, WV Save Our Streams Tim will describe the connection between riparian buffers, water quality, and the ecological integrity of streams. 10:20 – 11:20 Funding Panel Discussion – Facilitated by Alvan Gale q WHIP, NRCS to be determined q CREP, NRCS to be determined q Conservation Districts, Norm Bailey, WVCA q Partners for Fish and Wildlife, TU or John Schmidt "invited" q Mining Mitigation, Dennis Stottlemeyer q Transportation and Enhancement, Bill Robinson or Harold Simmons, DOT 11:20 – 11:30 BREAK The afternoon sessions will be presentations from project organizers outlining the following: q Planning q Design q Implementation q Monitoring and Maintenance q Lessons Learned – what did not work and things to consider such as planting times, manpower needed, availability of trees, laying out the site 11:30 – Noon Sleepy Creek Riparian Planting, Gale Foulds, Sleepy Creek WSA and Barbie Elliott, WV Conservation Agency Noon – 1:00 LUNCH on your own 1:00 – 1:30 Riparian Area Electric Fencing Demonstration, Neil Gillies, Cacapon Institute 1:30 – 2:00 Wardensville Project, Carla Hardy, WV Conservation Agency 2:00 – 2:10 BREAK 2:10 – 2:40 Mining Reforestation, Brad Edwards, OSM or Scott Eggerud, DEP 2:45 – 3:10 Group Discussion on Lessons Learned – Facilitated by Rick Buckley 3:10 – 3:15 Evaluations and Wrap Up **************Play online games for FREE at Games.com! All of your favorites, no registration required and great graphics – check it out! (http://pr.atwola.com/promoclk/100000075x1211202682x1200689022/aol?redir= http://www.games.com?ncid=emlcntusgame00000001)

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Fwd: Event Wednesday!
by duane330＠aol.com 14 Oct '08

14 Oct '08

-----Original Message----- From: Eric Mclaughlin <eric.mclaughlin(a)gmail.com> To: duane330(a)aol.com Sent: Mon, 13 Oct 2008 9:17 am Subject: Event Wednesday! Hello Mr. Nichols, We have spoken a few times in the past concerning the Mountain Party, and I wanted to inform you of an upcoming event.? This Wednesday, October 15, at the Gluck Theater in the WVU Mountainlair, Mountain Party Gubernatorial Nominee Jesse Johnson will give a speech.? The event will begin at 1130am.? I'd like to invite you and your congregation, if there is a means of doing so early in this week, to attend. The speech will also be followed in the evening by a social and fundraiser at the West Virginia Brewing Company, and all are invited to attend either or both. Thanks, and hope to see you there! Eric McLaughlin

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EPA Report on the Environment
by duane330＠aol.com 03 Oct '08

03 Oct '08

EPA TO TURN CONTAMINATED SITES INTO RENEWABLE ENERGY PRODUCING SITES Using a novel approach (the renewable energy interactive mapping tool), EPA has identified thousands of properties that could potentially host solar, wind or biomass energy production facilities and has listed each property's attributes for energy redevelopment.? These properties have varying levels of historic contamination, some already addressed, while others are still to be fully investigated. The appropriate steps to address the contamination at these properties will vary from site to site, depending on the nature of the contamination and intended reuse.? For more information about this renewable energy development potential for contaminated lands, go to http://www.epa.gov/renewableenergyland EPA RELEASES ITS 2008 REPORT ON THE ENVIRONMENT EPA released its "2008 Report on the Environment: Highlights of National Trends," a new and important resource to better understand trends in the nation's health and environment. The new report is intended for a general audience and summarizes highlights of the "EPA's 2008 Report on the Environment" which was released in May, and provided more scientific and technical information. Together the two reports inform about EPA's strategic planning process with the best available scientific information. EPA also launched a new Web site that allows the user to search the full technical report for specific trends in air, water, and land at http://www.epa.gov/roe??

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Fwd: Bear in Cheat Lake
by duane330＠aol.com 30 Sep '08

30 Sep '08

TO:? CLEAR members and friends.? We now have an additional friend frequenting Cheat Lake.?? The Cheat Lake Trail can be seen in the background. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> >>> "Amy Smith" <babybluz54(a)comcast.net> 9/29/2008 1:11 PM >>> Hey, Donna, That must be the bear you saw in your yard cause there's your house! Amy Pretty neat! Cheat Lake in Morgantown... Here's 7 pics in the order we took them... http://i149.photobucket.com/albums/s44/jc4perry/b1-1.jpg http://i149.photobucket.com/albums/s44/jc4perry/b2.jpg http://i149.photobucket.com/albums/s44/jc4perry/b3.jpg http://i149.photobucket.com/albums/s44/jc4perry/b4.jpg http://i149.photobucket.com/albums/s44/jc4perry/b5.jpg http://i149.photobucket.com/albums/s44/jc4perry/b6.jpg http://i149.photobucket.com/albums/s44/jc4perry/b7.jpg This was just past warm hollow around the bend from the dam. The third pic. has a house in the back ground that can help set your bearings. He was swimming from the north to the so uth side of that part of the lake.

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Growing grass in WV
by Duane330＠aol.com 29 Sep '08

29 Sep '08

Is there switch grass in your future................... this study could be done with $55,000. The answer, my friend, is blowing in the wind. BROWNFIELDS GRANT AWARDED TO WEST VIRGINIA UNIVERSITY TO REDEVELOP FORMER SURFACE MINES EPA announced an estimated $550,000 Brownfields grant to West Virginia University on Sept. 10, at the 2008 West Virginia Brownfields Conference, titled "A Path to Progress," held in Huntington, W. Va. This grant will fund the identification and redevelopment of mine-scarred lands as production sites for biofuels and other alternative energy sources. Specifically, the grant funds will help the university's Water Research Institute find abandoned scarred mine sites that can be used to produce bio-fuels from switch grass, other bio-fuels or as wind energy farm redevelopment sites. **************Looking for simple solutions to your real-life financial challenges? Check out WalletPop for the latest news and information, tips and calculators. (http://www.walletpop.com/?NCID=emlcntuswall00000001)

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World Water Monitoring Day (tm)
by Duane330＠aol.com 17 Sep '08

17 Sep '08

Welcome! (http://www.worldwatermonitoringday.org/index_spanish.html) (http://www.worldwatermonitoringday.org/index_french.html) (http://www.worldwatermonitoringday.org/Docs/Chinese_WWMD_Brochure_022008.pdf) (http://www.worldwatermonitoringday.org/Docs/Portuguese_WWMD_Brochure.pdf) _________________ World Water Monitoring Day™ is an international education and outreach program that builds public awareness and involvement in protecting water resources around the world by engaging citizens to conduct basic monitoring of their local water bodies. The month-long program kicks off each year on September 18 with a data entry deadline of December 18. (http://www.worldwatermonitoringday.org/About/About_Main.html) Read more. _http://www.worldwatermonitoringday.org/_ (http://www.worldwatermonitoringday.org/) >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> Kickoff Event! 1,000,000 People in 100 Countries by 2012 September 18, 2008 9:00 a.m. - 12:00 p.m. Hains Point, Washington, D.C. All are welcome to join WWMD sponsors and partners for the official kickoff of World Water Monitoring Day 2008. Following a short formal program, participants will conduct hands-on testing of the Potomac River and visit a variety of displays from WWMD partners and other water quality stakeholder groups. To RSVP, please send an e-mail including your name to _wwmd(a)wef.org_ (mailto:wwmd@wef.org) . _Click here_ (http://maps.google.com/maps?f=q&hl=en&geocode=&q=38.85786237820545,+-77.022…) for a map and driving directions. Preliminary Program 9:00 a.m. General Arrivals/Continental Breakfast 9:20 a.m. Opening Remarks Adam Zabinski, President Water Environment Federation 9:25 a.m. WWMD International Partnerships and Developments Ase Johannessen, Development Programme Officer International Water Association 9:30 a.m. WWMD and the International Year of Sanitation Eddy Perez, Senior Sanitation Specialist, Water and Sanitation Program, World Bank D.C. Jerry Johnson, General Manager DC Water and Sewer Authority 9:45 a.m. Remarks from Dignitaries Benjamin Grumbles, Assistant Administrator for Water, U.S. Environmental Protection Agency Congresswoman Eleanor Holmes Norton (D-DC) (invited) 9:55 a.m. Instructions/Safety Review 10:00 a.m. Monitoring of the Potomac River Educational and Informational Displays from Partners and Sponsors Exhibitors * Alice Ferguson Foundation (Bridging the Watershed) * Amazon Conservation Team * City of Alexandria Environmental Policy Commission * CH2M HILL * DC Water and Sewer Authority * Earth Conservation Corps * Earth Day Network * Girl Scouts of the Nation's Capital * International Year of the Reef * Interstate Commission on the Potomac River Basin * Jewish National Fund * LaMotte Company * National Environmental Education Foundation * Naturalist Audubon Society * Northern Virginia Regional Commission * Potomac Conservancy: Growing Native * U.S. Bureau of Land Management * U.S. Coast Guard/Officer Snook * U.S. Forest Service * U.S. Geological Survey * Virginia Department of Environmental Quality * Virginia Water Environment Association Participating Schools * Beth Tfiloh Dahan Day School, Baltimore, MD * Hebrew Day School, Silver Spring, MD * Kimball Elementary School, Washington, DC * Melvin J Berman Hebrew Academy, Rockville, MD **************Psssst...Have you heard the news? There's a new fashion blog, plus the latest fall trends and hair styles at StyleList.com. (http://www.stylelist.com/trends?ncid=aolsty00050000000014)

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"Gem & Minerals Show" @ Mt. Chateau
by Duane330＠aol.com 17 Sep '08

17 Sep '08

WV Gem and Minerals Show NOTE: This Saturday and Sunday, September 20th [10 am to 6 pm] and 21st [11 am to 5 pm], please attend the "Gem and Minerals Show" being held at the Mt. Chateau Lodge. This facililty is located at the end of Mt. Chateau Road at the inlet of Cheat Lake. >From Morgantown, take WV Route 896 across the Old Iron Bridge at Ices Ferry, turn right and proceed for about one mile. See the Gem and Minerals web site: _http://www.wvgs.wvnet.edu/www/news/geodgems2008.htm_ (http://www.wvgs.wvnet.edu/www/news/geodgems2008.htm) >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> NOTICE: Please be aware that the Mt. Chateau facility is owned by the State of West Virginia and is the home of the WV Geological and Economic Survey. However, there is concern that the current Governor and staff have the sale of this property under consideration for sale to a development project, given the significant value of this property on the Lake. Such a sale would not likely occur until after the current re-election campaign. Former Governors have similarly been willing to dispose of portions of the Mt. Chateau property, as was done by Governor Arch Moore. The Mt. Chateau Lodge building is no longer used as a lodge, however it serves a vital function to the State in its present service for the Geological Survey and as a natural history museum. This property is ideal for scenic walks. With only a minimum of effort, it can be interconnected with the trails in the Coopers Rock State Forest. Fishing and boating access is feasible, particularly for kayaks and canoes. Duane Nichols, President, Cheat Lake Environment & Recreation Association. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> **************Psssst...Have you heard the news? There's a new fashion blog, plus the latest fall trends and hair styles at StyleList.com. (http://www.stylelist.com/trends?ncid=aolsty00050000000014)

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change of location and time for Cheat Lake Park and Trail discussion
by Sally Wilts 15 Sep '08

15 Sep '08

We are meeting at 5 pm on Sept 18th for a potluck at the dining hall at Chestnut Ridge Park, and meeting will start at 5:30 pm. The dining hall is the last building on the right before the park office. Bring ready-to -eat food, plates, utensils, beverage and cups. At 6:30 Rachel Eddy will have a CD release party at the park, followed by an all-night picking party

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Fwd: Cheat Lake Park and Trail Discussion
by Jonathan Rosenbaum 07 Sep '08

07 Sep '08

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Workshop Recommended..DGN
by Duane330＠aol.com 18 Aug '08

18 Aug '08

To: CLEAR Members and Friends Please consider the SMART Solutions for West Virginia Workshop September 18 -19, 2008. SMART Solutions provides watershed groups and participants with useful tools and information needed to implement best management practices of onsite/decentralized wastewater treatment systems. Registration is free and meals will be provided. For the registration form and agenda, see the web site below. For further info, contact Sherry Summers at The National Environmental Services Center West Virginia University (304) 293-4191 Web-site:: _http://www.wvca.us/wvwrc/wvwrc_events.cfm_ (http://www.wvca.us/wvwrc/wvwrc_events.cfm) **************Looking for a car that's sporty, fun and fits in your budget? Read reviews on AOL Autos. (http://autos.aol.com/cars-Volkswagen-Jetta-2009/expert-review?ncid=aolaut00… )

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Lung disease in WV and US
by Duane330＠aol.com 04 Aug '08

04 Aug '08

_Two New Asbestos Suits Filed in West Virginia_ (http://www.asbestos-post.com/two-new-asbestos-suits-filed-in-west-virginia.…) July 26th, 2008 Two new asbestos-related lawsuits filed in West Virginia in June name more than 100 defendants between them. The first was filed by Mary Kathryn Black on behalf of the estate of her deceased husband, Steve Black. The second was filed on behalf of Joseph M. Hutchison III and his wife, Ann Hutchison. Both lawsuits were filed in Kanawha County Circuit Court on June 6. Mary Kathryn Black, the widow of steelworker Steve Black, claims that her husband died as a result of asbestos exposure which caused him to develop lung cancer and esophageal cancer. Steve Black worked for companies such as Armco Steel. Other defendants in the suit include six corporations which reside in West Virginia: McJunkin Corporation, Ohio Valley Insulating, State Electric Supply, Union Boiler Company, Vimasco Corporation and West Virginia Electric Supply. The suit alleges that Steve Black developed asbestos-related cancers as a result of working for companies involved in the manufacture, distribution, sale, installation, and removal of products containing asbestos. According to the lawsuit, Steve Black’s lifespan and enjoyment of life was greatly diminished as a result of his asbestos exposure. His widow, Mary Kathryn Black, is seeking compensatory and punitive damages. The second lawsuit was filed on June 6 on behalf of Joseph M. Hutchison III and his wife, Ann Hutchison. The lawsuit names a total of 79 different defendant companies, and claims that the defendants are responsible for Joseph M. Hutchison III having developed asbestosis and mesothelioma. Joseph Hutchison worked in South Charleston as a laborer, and was employed with Union Carbide. Hutchison was also student and faculty member of West Virginia University. The lawsuit claims that Joseph Hutchison was exposed to asbestos while working with and around products in use at sites where he was employed. The sites were located in and across West Virginia. The suit includes fifteen counts, relating to the financial, physical, and emotional losses suffered by both Joseph and Ann Hutchinson. They are seeking compensatory and punitive damages for their losses. [Note. Joseph Hutchinson died July 26th in Morgantown, as shown in the Obituary below. He was a leader in the founding of the National Youth Science Camp, held each year at Bartow in West Virginia. For the National Youth Science Camp, see the following: _http://www.nysc.org/_ (http://www.nysc.org/) ] >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> _Mass Asbestos Lawsuit Dismissal in West Virginia_ (http://www.asbestos-post.com/mass-asbestos-lawsuit-dismissal-in-west-virgin…) July 18th, 2008 A mass dismissal of asbestos-related lawsuits in West Virginia has left many plaintiffs dismayed over the decision. People suffering from asbestos-related diseases such as asbestosis and mesothelioma must now wait much longer for their day in court. The West Virginia Supreme Court of Appeals this week dismissed more than one thousand asbestos-related lawsuits laid by railroad workers against the companies they once worked for. The more than one thousand plaintiffs had filed lawsuits against their employees, CSX Transportation and Norfolk Southern. Previously, Circuit Judge Arthur Recht of Wheeling had dismissed the lawsuits. Following an appeal by plaintiffs, the West Virginia Supreme Court of Appeals upheld Circuit Judge Arthur Recht’s decision to dismiss all one thousand suits. In upholding the decision, the Supreme Court of Appeals has rejected a plea that the United States Constitution provides every American with the right to sue in West Virginia, regardless of whether or not they have a real connection to the state. In West Virginia, as in many other states, a plaintiff can file a lawsuit even if they live out of state. To do so, however, they must be able to show that either a plaintiff or a defendant in the case has some type of connection to West Virginia. The Court chose to ignore a 2006 decision known as Morris vs. Crown Equipment, which had granted West Virginia jurisdiction to a dispute which originated in another state. The Court says that this decision did not apply because in the Morris case, one of the defendants was a West Virginia corporation. The claims were filed under the Federal Employers Liability Act, which applies to railroad and some other types of workers, regardless of where they live. After the suits had been filed, the Supreme Court of Appeals consolidated them into the Kanawha County Circuit Court, and assigned them all to Judge Recht. The railway companies had already asked for a move to dismiss the cases while the Supreme Court of Appeals was discussing whether or not the plaintiffs could file their suits in West Virginia. Judge Recht then granted the defendants ’ motion, saying that the Morris case was not applicable, and that the railroad workers could not file suit in West Virginia. The plaintiffs’ appeal was subsequently rejected, and now all one thousand cases have been freed and may be tried in other state courts. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> _ALA Report finds Deaths from Lung Disease Increasing_ (http://www.asbestos-post.com/ala-report-finds-deaths-from-lung-disease-incr…) July 26th, 2008 The latest report from the American Lung Association, entitled Lung Disease Data, indicates that death rates due to lung disease are on the increase, and death rates due to other leading causes of death, such as cancer, heart disease, and stroke, are decreasing. The American Lung Association publishes the Lung Disease Data report periodically to provide a resource with information about information about lung disease trends in the United States for the media, healthcare professionals, researchers, patients, and the public. The report indicates that lung disease rates are increasing so rapidly that chronic obstructive pulmonary disease may be the third leading cause of death as early as 2020. Lung diseases include any diseases or disorders in which impairment of lung function is an effect or result of the condition. Lung diseases may be caused by cigarette smoking, exposure to smoke, air pollution, and exposure to occupational hazards such as asbestos and silica dusts. Bernadette Toomey, President and CEO of the American Lung Association, says, “Every year, about 400,000 Americans die from lung disease. With our report, Lung Disease Data, we hope to provide valuable information on lung disease to the public, especially to people who become ill and their family members who are caring for them.” Types of lung disease covered in the ALA report data include the following: • Obstructive lung diseases such as chronic obstructive pulmonary disease and asthma, as well as chronic bronchitis and emphysema. All of these diseases affect the person’s airways, and limit or block the flow of air in or out of the lungs. • Lung cancer, caused by uncontrolled growth of abnormal lung cells. Lung cancer may be caused by a variety of factors, including cigarette smoking and exposure to asbestos. • Infectious diseases such as influenza, pneumonia, respiratory syncytial virus, and tuberculosis, caused by viruses or bacteria which can affect both lung tissue and the membrane which surrounds, protects, and supports the lungs. • Respiratory failure, pulmonary edema, pulmonary embolism and pulmonary hy-pertension. These diseases are caused by problems with gas exchange and blood flow in the lungs. • Pulmonary fibrosis and sarcoidosis. These diseases are characterized by stiffen¬ing and scarring of the lungs, which prevents normal lung function. • Occupational diseases, such as mesothelioma and asbestosis, caused by expo¬sure to hazardous substances such as asbestos and silica dust. These occupational diseases have no other known causes apart from exposure to inhalable toxic dusts. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> Source of above three entries: _http://www.asbestos-post.com/_ (http://www.asbestos-post.com/) >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> Submitted by: Duane Nichols, Ph.D., President of CLEAR [Cheat Lake Environment & Recreation Assn.] and Spokesperson for MonValley Clean Air Coalition [MVCAC], Address: 330 Dream Catcher Circle, Morgantown, WV 26508 Phone: 304-599-8040 >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> OBITUARY FOR JOSEPH HUTCHINSON **************Looking for a car that's sporty, fun and fits in your budget? Read reviews on AOL Autos. (http://autos.aol.com/cars-BMW-128-2008/expert-review?ncid=aolaut00050000000… )

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Milt Cohen & Joe Hutchinson
by duane330＠aol.com 02 Aug '08

02 Aug '08

To:? Members and Friends of the Cheat Lake Environment and Recreation Association. I suspect that you are aware of the recent deaths of Milt Cohen and Joe Hutchinson. Both were?very involved?in past years in?various activities?of CLEAR.? Although I got to know them late in their lives, I recognize their incredible insights, activities, and contributions to our community.?? I am preparing a letter from CLEAR to each of their families.? If you have any comments that we might include, please let me know as soon as possible. Thank you for your assistance,?? Duane MILTON COHEN JOSEPH M. HUTCHINSON

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4th Annual Cheat Watershed Tour-- August 9th
by Duane330＠aol.com 25 Jul '08

25 Jul '08

4th Annual Cheat Watershed Tour Planned for August 9th Friends of the Cheat is hosting a watershed tour Saturday August 9th from 10 AM to 1 PM. The tour will focus on acid mine drainage in the lower Cheat watershed, its effects, and how it can be treated. Anyone interested in the restoration of our streams is encouraged to attend. This free trip will includes stops at our River of Promise Interpretive Trail and will visit two active and two passive treatment systems. Keith Pitzer, executive director of FOC, will lead the tour. Cold drinking water will be provided. Feel free to bring snacks or lunch. Meet at the Kingwood Shopping plaza about 9:45 AM (look for the Buckwheat Express) and plan to return by 1 PM. Wear shoes suitable for walking on gravel. Please register in advance so we know how many to expect. Call our office at 304-329-3621 or email Keith at _kpitzer(a)cheat.org_ (mailto:kpitzer@cheat.org) . -- Sally Wilts, Administrative Assistant Friends of the Cheat 119 S. Price St. Kingwood, WV 26537 304-329-3621 **************Get fantasy football with free live scoring. Sign up for FanHouse Fantasy Football today. (http://www.fanhouse.com/fantasyaffair?ncid=aolspr00050000000020)

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Comments on interpretive rule 47 CSR 2A, Designation of Tier 3 Waters.
by Duane330＠aol.com 23 May '08

23 May '08

To: Scott Mandirola, Assistant Director Division of Water and Waste Management WV Department of Environmental Protection 601 57th Street S.E. Charleston, WV 25304 RE: The interpretive rule 47 CSR 2A, "Designation of Tier 3 Waters in the State of West Virginia. It is requested that the language in sections 4.1 and 4.2 should be changed to include not only waters, but segments of waters located within National Wilderness Areas, State Parks, National Parks and National Forests. Let us also request that the language in section 4.3 that lays out guidelines for Federally designated waters should be amended to include all waters within units of the National Park system. In determining “High Quality and Naturally Reproducing Trout Streams”, the current interpretive rule calls for measurement based on healthy benthic macroinvertebrate communities only. While this is one measure for high quality water, it is not the only measure. We request that in addition to healthy benthic macroivertebrate communities, waters should also be considered eligible for designation based on a consideration of all available biological, chemical, or physical measurements. Given that the current interpretive rule allows for water upstream of a tier 3 segment to be designated tier 1 or 2. This is a very dangerous situation. The possibility of Tier 3 designation should be added to section 6.1, and it should be made clear that activity upstream from a tier 3 segment should not cause any harm or degradation to the downstream tier 3 segment. Thank you for your attention to these important matters for the State of West Virginia. Duane G. Nichols, President Cheat Lake Environment & Recreation Association 330 Dream Catcher Circle Morgantown, WV 26508 304-599-8040 _duane330(a)aol.com_ (mailto:duane330@aol.com) **************Get trade secrets for amazing burgers. Watch "Cooking with Tyler Florence" on AOL Food. (http://food.aol.com/tyler-florence?video=4&?NCID=aolfod00030000000002)

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National Clean Water Program
by Duane330＠aol.com 02 May '08

02 May '08

WEBCAST ON DRAFT NATIONAL WATER PROGRAM STRATEGY: RESPONSE TO CLIMATE CHANGE IS UPCOMING On Thursday, May 8, EPA will host a Webcast from 2:30 to 4:30 pm EDT for a public forum on the draft document titled National Water Program Strategy: Response to Climate Change to discuss, and receive feedback on the draft strategy. The webcast will highlight the impacts of climate change on clean water and drinking water programs, and how water resources and water programs can respond and adapt to these impacts. To submit comments by May 27 and for more information about the draft strategy, please visit _www.epa.gov/water/climatechange/index.html_ (http://www.epa.gov/water/climatechange/index.html) . Click here To _Register _ (http://w.on24.com/r.htm?e=108614&s=1&k=0227D9D4045696BD038A9887A8EFCE8E) (http://www.epa.gov/epahome/exitepa.htm) for this Webcast. **************Wondering what's for Dinner Tonight? Get new twists on family favorites at AOL Food. (http://food.aol.com/dinner-tonight?NCID=aolfod00030000000001)

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Boating Safety Class-- last call
by Duane330＠aol.com 25 Apr '08

25 Apr '08

NEWS FLASH The Cheat Lake Environment and Recreation Association along with the Mountaineer Power Squadron are sponsoring the first Public Boating Safety Class ever to be offered in the Cheat Lake area. This class will be offered Saturday, April 26, 2008 from 9 AM to 5:30 PM at the WVU Evansdale Campus, NRCCE Building, Room 125. The cost of the class is $10 and includes all class materials and lunch. The class includes the following topics: Required safety equipment, boat handling, knots, PWC safety, water emergencies, VHF radio, West Virginia boating laws and much more. It will satisfy the Boating educational laws in all states that require mandatory boater education. This course can save a motor boat owner up to 40% on boat insurance (depending on carrier). Space is limited to the first 30 registered participants. You can reserve your space today bay calling Ray at 291-8078. ALSO SEE ATTACHED FLIER. > > Donna M. Weems **************Need a new ride? Check out the largest site for U.S. used car listings at AOL Autos. (http://autos.aol.com/used?NCID=aolcmp00300000002851)

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River of Promise -- coming soon ...
by duane330＠aol.com 09 Apr '08

09 Apr '08

To all,? This is a reminder to?mark your calendars for the next River of Promise meeting on April 21st at 10:30am at NRCCE [Evansdale campus, WVU]. This is the day before the WV AMD Symposium. ? An agenda will be coming soon. It will include updates on the Targeted Watershed Grant work and project development,? the Ruth Bell mine discharge findings to date, a post mortem/re-design discussion about ?a project on Pringle Run, a discussion of a doser on Pringle Run with AML/Camp Dawson and DNR reports from instream monitors and about walleye in the Cheat. Other suggestions are welcome.? The River of Promise concept offers the sharing and exchange of some of the best thoughts about restoration of the Cheat Watershed. Please come and be a part of it.? ? Keith? -- ? Keith Pitzer Executive Director? Friends of the Cheat

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WV Env. Council <yes>
by Duane330＠aol.com 22 Mar '08

22 Mar '08

West Virginia Environmental Council March21, 2008 _WVEC Alerts Archive_ (http://www.wvecouncil.org/take_action/index.html) ____________________________________ Dear Friends, Any way you look at it, this was a successful session for the WV Environmental Council and the legislative lobby team. With your help, we pushed state lawmakers to make a real commitment to protecting West Virginia’s cleanest waters; we defeated another proposal to weaken the state’s solid waste laws and bring a mega dump to McDowell County; we succeeded in restoring anti-degradation language to DEP air regulations; we brought public attention to the devastating practice of mountaintop removal mining; and we educated legislators about how a real Citizen’s Energy Plan could benefit the people of West Virginia. Even though the lobby team is exhausted, now is not the time to rest on our laurels. We are already planning the rest of the year’s activities for WVEC, as we continue to increase our outreach to West Virginians and expand our membership base. And even though the 2008 regular session just ended, the monthly Interim legislative sessions will begin as early as April. This is our opportunity to address upcoming agency rule-making as well as to work with lawmakers on new legislation for the 2009 Legislature. With primary elections just around the corner, the lobby team is busy preparing a legislative scorecard so you can see just how your representatives voted on important environmental issues this session. Even though we had a very good year, several good bills to address global warming, energy efficiency, mining regulation, and more, did not pass. The upcoming election cycle is the time to build these issues into a political constituency and to mobilize citizens to advocate for them. This is also the time to build statewide support for the WVEC Citizen’s Energy Plan and Renewable Energy Campaign. Both of these will be featured components next month at Sustainable Fair 2008 (“Green Makes $en$e”, April 18-20 on the campus of Davis & Elkins College in Elkins, WV – see _flyer_ (http://www.wvecouncil.org/calendar/SustainableFairFlyerAgenda.pdf) and _poster_ (http://www.wvecouncil.org/calendar/SustainableFair2008POSTER.pdf) ). All of our efforts represent fundamental change for West Virginia and require a year round commitment in order to be successful. Your continued financial support will help sustain WVEC’s activities for the rest of the year. So please consider sending us a contribution now. Thank you, Jim Kotcon, WVEC President ____________________________________ **************Create a Home Theater Like the Pros. Watch the video on AOL Home. (http://home.aol.com/diy/home-improvement-eric-stromer?video=15?ncid=aolhom0…)

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Seneca Creek in Mon Forest
by duane330＠aol.com 04 Mar '08

04 Mar '08

Friends, As many of you are aware, the Wild Monongahela Act was recently introduced without the Seneca Creek area included. Seneca Creek is considered by many to be the crown jewel of the entire Citizens’ Proposal for Wilderness given its high quality brook trout fishery, size, the wildlife habitat protection it affords and world class recreational opportunities it provides. Given some changes to the bill that Governor Manchin has recently proposed, Seneca Creek is now being strongly considered for inclusion in the bill by Congresswoman Capito. However, forces are lining up against this and people who oppose wilderness designation are definitely making their voices heard. A decision on this will likely be made very, very soon and quick action is essential if we are to protect this area. Please put in a quick phone call or email to Congresswoman Capito’s office and: -Be sure to thank them for cosponsoring the Wild Monongahela Act. - ask them to add Seneca Creek as well as Roaring Plains East and North to the bill. -Make sure you tell them where you are calling/emailing from, particularly if you live in the 2nd district….let them know you are a constituent. Please forward this email to others you know, particularly others who live in the 2nd Congressional District, and ask them to do the same. This may be our last chance to get this special place in the bill! Don’t hesitate to get in touch with me if you have any questions. Thank you so much for your help!!! Contact Virginia Gum, the Congresswoman’s staff person working on the issue. (202) 225-2711 or Virginia.gum(a)mail.house.gov Thank you! dave Dave Saville West Virginia Wilderness Coalition

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CLEAR joins WVEC
by Duane330＠aol.com 14 Feb '08

14 Feb '08

We Need You....To Come to Charleston. By Chuck Wyrostok, WV Environmental Council Outreach Crew, www.wvecouncil.org Our full-time staff lobbyists, Don Garvin, Vickie Wolfe and John Christensen, are currently putting in some long days pounding the marble hallways at the Capitol in Charleston, in our annual attempt to get the Legislature to protect the environment for all the citizens of West Virginia. And they sure would love some help from you, because there is nothing quite like a constituent from a legislator’s home district showing up at the capitol to “cheer” them on in the right direction. They listen to voters from home. An army of citizen lobbyists descending on the Capitol would delight our lobby team and lend a lot of clout to their efforts. Showing up to speak directly to your Senators or Delegate is grassroots lobbying at its best. They might appreciate hearing that you’ll be taking their views on the planet’s health back home to your neighbors, and they may like to hear that you might be writing a letter to the editor of your local newspaper. It will be important for you to emphasize that you sacrificed your day to come to Charleston to express your views and that you want action and results and that people in their home district will hear about it. The Session is more than halfway through its two-month run. The battle of clean streams vs. dirty streams (Tier 2.5) is revving up. The Bottle Bill got a big boost last week when the CEO of a California company met with Gov. Manchin and legislators to propose a facility here employing over two hundred people (Flash, Joe! Recycling pays). There are stellar Delegates and Senators to congratulate and encourage, like Sen. Jon Blair Hunter, who delivered an impassioned speech to a hushed Senate Chamber deploring mountaintop removal mining. Del. Barbara Fleischauer and House Judiciary Chairwoman Carrie Webster are championing a series of solid ‘green’ energy bills. There’s even a bill that would require retail establishments to phase out the use of plastic bags by 2011! Please check _http://www.wvecouncil.org/legisupdate/2008/02_08.html_ (http://www.wvecouncil.org/legisupdate/2008/02_08.html) for a compilation of the bills WVEC is tracking. We’ll send you an email “packet” with helpful tips and on your arrival Don, Vickie or John will brief you on the status of specific bills being considered and guide you to your legislators’ offices. Tuesday is the optimum day for your visit, but Mondays, Wednesdays and Thursdays work as well (Fridays, legislators are leaving for the weekend). If you live far from Charleston, try to recruit some local fellow greens and carpool. We’ll try to arrange overnight lodging if you need it (Charleston area folks, please let me know if out-of-town travelers can stay overnight at your home). Or you could save gas by getting a small group together and inviting your legislator to breakfast or lunch right in your home district over a weekend. Oh, one last thing. Friday, February 22nd is E-Day at the Capitol, an excellent day for citizen lobbying, as well as networking in person with WVEC’s member groups and having fun together that evening at our benefit reception. We ’ll present our 2008 Environmental Awards, listen to cool, live music by the Blue Notes and enjoy a buffet dinner. I’ll hook you up with the Green Team under the Gold Dome. _wyro(a)appalight.com_ (mailto:wyro@appalight.com) or 304 927-2978. **************The year's hottest artists on the red carpet at the Grammy Awards. Go to AOL Music. (http://music.aol.com/grammys?NCID=aolcmp00300000002565)

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CLEAR has joined WVEC
by duane330＠aol.com 10 Feb '08

10 Feb '08

WVEC Green Legislative Update February 8, 2008 WVEC Legislative Update Archive WVEC Alerts Archive To read the update online, click here or on article links below. If you want to view or print an exact copy of the printed newsletter, try the PDF version. Under the Dome D.C. Circuit Court Declares EPA’s Mercury Rule Illegal E~Day at the Capitol Why Coal-to-Liquids Is a Bad Idea Send Us Your Love! Grassroots Citizen Lobbying Essential Plastic Grocery Bags? House Bill Would Ban By 2011! Look Who Filed Stream "Shuffle" Begins Water Resources Plan REAP Rules…. Read ‘Em and Weep! State Should Protect Wild Trout Streams Bills We Are Tracking Links for anyone still using plain text email: http://www.wvecouncil.org/legisupdate/2008/02_08.html http://www.wvecouncil.org/legisupdate/2008/02_08.pdf Don Alexander WVEC E-mail List Coordinator Subscribe or Unsubscribe Online ________________________________________________________________________ More new features than ever. Check out the new AOL Mail ! - http://webmail.aol.com

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Right foot, left foot into New Year
by Duane330＠aol.com 03 Jan '08

03 Jan '08

...put your left foot in and shake it all about.......... EPA LAUNCHES ITS NEW INDICATORS WEBPAGES The EPA mid-Atlantic Water Protection program uses the environmental indicators tool to measure progress in reaching its goals toward water quality improvements. The primary use of an indicator is to characterize current status and to track or predict significant change. EPA's recently launched Water Protection program Web pages highlight these indicators, what they are and how EPA uses them to measure and report success. To view this information, visit _http://www.epa.gov/reg3wapd/indicators/index.htm_ (http://www.epa.gov/reg3wapd/indicators/index.htm) **************Start the year off right. Easy ways to stay in shape. http://body.aol.com/fitness/winter-exercise?NCID=aolcmp00300000002489

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Fwd: [MVCAC] Reminder: MVCAC meeting Tuesday
by Duane330＠aol.com 11 Dec '07

11 Dec '07

The MVCAC meets tonight at St. Paul's Lutheran Church on Patterson Drive, 7 pm. **************************************See AOL's top rated recipes (http://food.aol.com/top-rated-recipes?NCID=aoltop00030000000004)

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Add Sustainable Growth to WV-EOP
by Duane330＠aol.com 25 Oct '07

25 Oct '07

ENERGY POLICY: National Academies Make Case for Sustainable Growth Eli Kintisch A report released this week by dozens of the world's national science academies recommends using energy more efficiently, putting a price on carbon emissions, and developing green energy sources. See the journal Science, October 26, 2007, Volume 318, Issue 5850. Let me suggest that you visit the following web site, and submit your support for incorporating the above referenced studies into the WV Energy Opportunities Plan [EOP]. Comments can be submitted electronically until the end of October, i.e. Wednesday of next week. If you do it now, you won't forget. I have requested that WV develop a plan that reduces carbon dioxide emissions state-wide by 2% per year, which would be reasonably easy to achieve and to sustain, if a plan and commitment were made to do so. Web Site for WV-EOP: _www.energywv.org_ (http://www.energywv.org) ************************************** See what's new at http://www.aol.com

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Public Input Hearings, Tomorrow.
by Duane330＠aol.com 22 Oct '07

22 Oct '07

RE: Proposed TrAIL Transmission Line. PUBLIC INPUT HEARING: Erickson Alumni Center, Morgantown, WV. Date and Time: Tuesday, October 23rd, 1:30 pm and 6:30 pm. Background information: Pennsylvania: _www.stopthetowers.org_ (http://www.stopthetowers.org/) West Virginia _www.notowersinwv.org_ (http://www.notowersinwv.org/) Virginia _www.stopdominion.org_ (http://www.stopdominion.org/) ************************************** See what's new at http://www.aol.com

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Mid-Atlantic concerned citizens
by Duane330＠aol.com 15 Oct '07

15 Oct '07

The Mid-Atlantic Concerned Citizens Energy Coalition (MACCEC) is an established but expanding network of individuals and organizations within our eight-state region. Our mission is to educate citizens about electricity issues and to motivate them to take actions that will create policies and support solutions appropriate for the 21st century. Please visit the MACCEC website (still a work in progress) at _www.maccec.org_ (http://www.maccec.org/) Email your comments and suggestions, e.g., links you would like to see posted in Electric Energy Information for your state or More NIET Corridor News for your state. Forward this email to others who may be interested in providing input. This Mid-Atlantic area coalition supports 21st century energy solutions and opposes the Department of Energy’s (DOE’s) recently designated Mid-Atlantic Area National Corridor. It is our belief that networking on a regional basis will offer concerned citizens ongoing opportunities to make a difference together. Barbara Kessinger Organizer, MACCEC _www.maccec.org_ (http://www.maccec.org/) ************************************** See what's new at http://www.aol.com

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Fwd: Health Care Reform Forum Tonite - Valley, 7:00
by Duane330＠aol.com 20 Sep '07

20 Sep '07

For Your Information. ************************************** See what's new at http://www.aol.com

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EPA Watershed Grant for Appalachia
by Duane330＠aol.com 24 Aug '07

24 Aug '07

EASTERN COAL SELECTED FOR WATERSHED GRANT The Eastern Coal Regional Roundtable, of Kingwood W.V. was selected by EPA Headquarters as one of the six finalists for the Fiscal Year 2006-2007 Targeted Watershed Capacity Building Grant. Eastern Coal will receive $404,000 of $3.2 Million available to develop and implement a multi-regional (Regions 3, 4, and 5) and interstate project to train grassroots organizations. The EPA mid-Atlantic region's Office of State and Watershed Partnerships will assist in training the organizations about water quality monitoring techniques and fiscal sustainability in Appalachia's coal country. To learn more about the program, go to _http://www.epa.gov/twg/index.html_ (http://www.epa.gov/twg/ind ex.html) ************************************** Get a sneak peek of the all-new AOL at http://discover.aol.com/memed/aolcom30tour

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Kayak loose in Cheat river (and lake...?)
by Duane330＠aol.com 16 Aug '07

16 Aug '07

Duane, I lost my boat and paddle at Coliseum on Sat. (Aug. 11). Boat is a red Bliss-Stick (MAC 1) Kayak, with some years on it. The paddle is a seven-2 white paddle with blue hand-grips. Please deliver to Ralph at Teeter Campground in Albright, WV (304) 329-3626. I am happy to offer a reward of $100 for return of the boat. My contact in Charlotte is 704-968-5836 or john.cowan(a)bankofamerica.com Thank you for any help you can provide! John Lawton Cowan Vice President Consumer Technology Quality & Productivity Bank of America work: 704.683.2836 mobile: 704.968.5836 = ************************************** Get a sneak peek of the all-new AOL at http://discover.aol.com/memed/aolcom30tour

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Two Items <Milt Cohen & Watershed Day>
by Duane330＠aol.com 07 Aug '07

07 Aug '07

Two items. Today, August 7 th, West Virginia Public Radio will feature Milton Cohen, a founding member of CLEAR, on the program "Aging with Grace and Dignity". Please listen in at 3 pm or 9 pm. This is at 90.9 on the FM dial. Milt and Bert have retired to Rochester, NY, to reside near one of their sons. His 101st birthday is approaching. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> The 2007 Watershed Celebration Day & Protecting Our Watersheds Institute will be held at Lakeview Resort on November 2nd and 3rd (Friday and Saturday). Early bird registration is due by September 28th, with the final registration deadline due October 15th. The only charge will be $150 for each individual that registers and does not attend. I hope that CLEAR can have four or five attendees. Let me know if you need more information, or go to: _www.wvca.us/wvwn_ (http://www.wvca.us/wvwn) or email: _wrc(a)wvca.us_ (mailto:wrc@wvca.us) ************************************** Get a sneak peek of the all-new AOL at http://discover.aol.com/memed/aolcom30tour

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Moving Beyond Kyoto -- Al Gore
by Duane330＠aol.com 12 Jul '07

12 Jul '07

Moving Beyond Kyoto by: Al Gore 2 July 2007, New York Times WE — the human species — have arrived at a moment of decision. It is unprecedented and even laughable for us to imagine that we could actually make a conscious choice as a species, but that is nevertheless the challenge that is before us. Our home — Earth — is in danger. What is at risk of being destroyed is not the planet itself, but the conditions that have made it hospitable for human beings. Without realizing the consequences of our actions, we have begun to put so much carbon dioxide into the thin shell of air surrounding our world that we have literally changed the heat balance between Earth and the Sun. If we don't stop doing this pretty quickly, the average temperature will increase to levels humans have never known and put an end to the favorable climate balance on which our civilization depends. In the last 150 years, in an accelerating frenzy, we have been removing increasing quantities of carbon from the ground — mainly in the form of coal and oil — and burning it in ways that dump 70 million tons of CO2 every 24 hours into the Earth's atmosphere. The concentrations of CO2 — having never risen above 300 parts per million for at least a million years — have been driven from 280 parts per million at the beginning of the coal boom to 383 parts per million this year. As a direct result, many scientists are now warning that we are moving closer to several "tipping points" that could — within 10 years — make it impossible for us to avoid irretrievable damage to the planet's habitability for human civilization. Just in the last few months, new studies have shown that the north polar ice cap — which helps the planet cool itself — is melting nearly three times faster than the most pessimistic computer models predicted. Unless we take action, summer ice could be completely gone in as little as 35 years. Similarly, at the other end of the planet, near the South Pole, scientists have found new evidence of snow melting in West Antarctica across an area as large as California. This is not a political issue. This is a moral issue, one that affects the survival of human civilization. It is not a question of left versus right; it is a question of right versus wrong. Put simply, it is wrong to destroy the habitability of our planet and ruin the prospects of every generation that follows ours. On Sept. 21, 1987, President Ronald Reagan said, "In our obsession with antagonisms of the moment, we often forget how much unites all the members of humanity. Perhaps we need some outside, universal threat to recognize this common bond. I occasionally think how quickly our differences would vanish if we were facing an alien threat from outside this world." We — all of us — now face a universal threat. Though it is not from outside this world, it is nevertheless cosmic in scale. Consider this tale of two planets. Earth and Venus are almost exactly the same size, and have almost exactly the same amount of carbon. The difference is that most of the carbon on Earth is in the ground — having been deposited there by various forms of life over the last 600 million years — and most of the carbon on Venus is in the atmosphere. As a result, while the average temperature on Earth is a pleasant 59 degrees, the average temperature on Venus is 867 degrees. True, Venus is closer to the Sun than we are, but the fault is not in our star; Venus is three times hotter on average than Mercury, which is right next to the Sun. It's the carbon dioxide. This threat also requires us, in Reagan's phrase, to unite in recognition of our common bond. Next Saturday, on all seven continents, the Live Earth concert will ask for the attention of humankind to begin a three-year campaign to make everyone on our planet aware of how we can solve the climate crisis in time to avoid catastrophe. Individuals must be a part of the solution. In the words of Buckminster Fuller, "If the success or failure of this planet, and of human beings, depended on how I am and what I do, how would I be? What would I do?" Live Earth will offer an answer to this question by asking everyone who attends or listens to the concerts to sign a personal pledge to take specific steps to combat climate change. (More details about the pledge are available at algore.com.) But individual action will also have to shape and drive government action. Here Americans have a special responsibility. Throughout most of our short history, the United States and the American people have provided moral leadership for the world. Establishing the Bill of Rights, framing democracy in the Constitution, defeating fascism in World War II, toppling Communism and landing on the moon — all were the result of American leadership. Once again, Americans must come together and direct our government to take on a global challenge. American leadership is a precondition for success. To this end, we should demand that the United States join an international treaty within the next two years that cuts global warming pollution by 90 percent in developed countries and by more than half worldwide in time for the next generation to inherit a healthy Earth. This treaty would mark a new effort. I am proud of my role during the Clinton administration in negotiating the Kyoto protocol. But I believe that the protocol has been so demonized in the United States that it probably cannot be ratified here — much in the way the Carter administration was prevented from winning ratification of an expanded strategic arms limitation treaty in 1979. Moreover, the negotiations will soon begin on a tougher climate treaty. Therefore, just as President Reagan renamed and modified the SALT agreement (calling it Start), after belatedly recognizing the need for it, our next president must immediately focus on quickly concluding a new and even tougher climate change pact. We should aim to complete this global treaty by the end of 2009 — and not wait until 2012 as currently planned. If by the beginning of 2009, the United States already has in place a domestic regime to reduce global warming pollution, I have no doubt that when we give industry a goal and the tools and flexibility to sharply reduce carbon emissions, we can complete and ratify a new treaty quickly. It is, after all, a planetary emergency. A new treaty will still have differentiated commitments, of course; countries will be asked to meet different requirements based upon their historical share or contribution to the problem and their relative ability to carry the burden of change. This precedent is well established in international law, and there is no other way to do it. There are some who will try to pervert this precedent and use xenophobia or nativist arguments to say that every country should be held to the same standard. But should countries with one-fifth our gross domestic product — countries that contributed almost nothing in the past to the creation of this crisis — really carry the same load as the United States? Are we so scared of this challenge that we cannot lead? Our children have a right to hold us to a higher standard when their future — indeed, the future of all human civilization — is hanging in the balance. They deserve better than a government that censors the best scientific evidence and harasses honest scientists who try to warn us about looming catastrophe. They deserve better than politicians who sit on their hands and do nothing to confront the greatest challenge that humankind has ever faced — even as the danger bears down on us. We should focus instead on the opportunities that are part of this challenge. Certainly, there will be new jobs and new profits as corporations move aggressively to capture the enormous economic opportunities offered by a clean energy future. But there's something even more precious to be gained if we do the right thing. The climate crisis offers us the chance to experience what few generations in history have had the privilege of experiencing: a generational mission; a compelling moral purpose; a shared cause; and the thrill of being forced by circumstances to put aside the pettiness and conflict of politics and to embrace a genuine moral and spiritual challenge. Al Gore, vice president from 1993 to 2001, is the chairman of the _Alliance for Climate Protection_ (http://www.climateprotect.org/) . He is the author, most recently, of "The Assault on Reason." ************************************** See what's free at http://www.aol.com.

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BE ACTIVE Re: transmission line
by Duane330＠aol.com 05 Jul '07

05 Jul '07

REMEMBER: The DOE National Interest Electricity Transmission (NIET) Corridor comments DEADLINE is July 6th! You should submit comments electronically at: _http://nietc.anl.gov_ (http://nietc.anl.gov) You can attach one file no larger than 10MB. So write a letter and attach it to an email. Or, just send an email letter. Address it to: The Office of Electricity Delivery and Energy Reliability, OE-20 U.S. Department of Energy 1000 Independence Avenue SW Washington, DC 20585 "If you are commenting on Docket No. 2007-OE-01 (the draft Mid-Atlantic Area National Corridor), your comments must be marked "Attn: Docket No. 2007-OE-01." So let's get all of our comments submitted a.s.a.p. Getting comment in on the excessively large area of the NIET Corridor is extremely important, covering essentially the northern half of West Virginia. Note that Gov. Manchin first supported this Corridor, but now opposes it, more or less. NOTE: There is no crisis in power on the East Coast. The eastern states need to (1) practice conservation and energy efficiency to the greatest extent possible, then (2) devise a plan that involves alternative fuels such that carbon dioxide emission can be REDUCED, not EXPANDED in the near and long term future. The "greenhouse effect" is real and huge! Duane Nichols, CLEAR and Board Member of MVCAC. ************************************** See what's free at http://www.aol.com.

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Re: [CLEAR] [MVCAC] BE ACTIVE Re: transmission line
by Paul Brown 05 Jul '07

05 Jul '07

Jim, I think I speak for all of us in thanking you for your analysis. It would make an important contributiin as a letter to the editor (fewer than 600 words in the Dom Post) - I'd be willing to draft one for you if you like. It would also be an excellnt argument against the power line, especially n combination with the battery argument. Something like this: The stated reason is invalid on its face because new technology makes the power line obsolete. Then expose the actual motive, which screws customers in order to enrich allegheny. Thanks again. Could I use your analysis in my column? Paul Paul Brown Physiology Department West Virginia University Health Sciences Center Morgantown, WV 26506 (304) 293 - 1512 >>> "James Kotcon" <jkotcon(a)wvu.edu> 07/05/07 5:43 PM >>> Paul, et al.: You have obviously made the mistake of believing what Allegheny Energy says about their transmission line. :-) The purpose of the transmission line is NOT to relieve congestion or increase system reliability, no matter how many times Allegheny says so. The purpose is to make more money from Allegheny's old dirty power plants. They can do that by supplying more electricity to East Coast cities during peak periods. Installing batteries in those cities would allow those customers to recharge the batteries at night when demand is low and electricity is cheap, but Allegheny makes more money by selling during peak daytime periods. This is primarily due to the obscure way that electricity is priced on the wholesale market. The congestion is not so much a "capacity" congestion, but an "economic" congestion. It costs Allegheny approximately 3 cents per kilowatt to generate electricity, and another 3 cents per kilowatt to transmit it through the grid to your home. (All numbers used are approximate and may vary from year to year, but they illustrate the principles involved.) That retail price of 6 cents is a monthly average of all the plants and transmission lines and all their expenses used over a period of years. But at any given time, cheap base load plants like Fort Martin can generate electricity at 1-2 cents, while more expensive natural gas plants require up to 6-12 cents per kilowatt. Coal-fired base load plants take a lot of time to ramp up and shut off, so they are mostly used full time for "base load. Because it takes time to heat them up and cool them off, utilities keep looking for ways run their plants at night so they do not have to waste money and energy during start-ups and shut-downs. Natural gas plants can be turned on and ramped up very quickly, but their fuel costs are higher, so they are turned on only a few hours per day when needed for peaking power. The natural gas plants, and their higher costs, are averaged into your monthly bill with the coal plants. Within a given service territory, it makes sense to use the batteries to more completely utilize the lowest cost plants. But on the wholesale market, electricity is sold on an hour-by-hour, or even minute-by-minute basis. When demand is high, utilities need to buy the more expensive peaking power, often at prices of 12, 15, or even 25 cents per kilowatt. The Regional Transmission Operator (PJM) holds an hourly auction to determine the price of electricity, so each plant bids to deliver so many megawatts at whatever price they can afford. PJM then accepts bids, in order, from the lowest to the highest cost generators, until they have enough generation capacity to meet the demand for that particular hour. But every power plant whose bid is accepted is paid the same rate as the highest accepted rate, and any plants whose bids are higher (and whose electricity is not needed) will not sell any electricity and must be shut down until they are needed. This auction is rigged to provide an incentive for generators to bid the lowest price they can while still making a profit, as they make no money at all if they do not operate their plants. But the net effect is that wholesale generators who can generate very cheaply (1-3 cents) can sell that electricity for e.g., 24 cents if they can get it to the market and displace generators who cost 25 cents per kilowatt. Hence use of storage batteries would make good energy policy, but it does not make fabulous windfall profits for Allegheny because recharging the batteries at night (using nighttime base-load rates) would only make Allegheny 2-3 cents, not 12-24 that they can make during peak load periods. In fact, under this auction system, Allegheny wants to maximize the loads during peak daytime periods, so investments to even out the day/night peaks are counterproductive (for Allegheny). The only thing standing in Allegheny's way is the economic congestion on the current transmission grid, which prevents them from actually delivering the electricity to the highest paying customers. This is what the US-DOE describes as "economic congestion" which means that there is already enough generating capacity to meet the demand in East Coast communities, but with a new transmission line, electricity from these expensive East Coast plants could be economically displaced by Allegheny's older, dirtier, cheaper plants. US-DOE and Allegheny want us to believe that their is a "capacity congestion" which could lead to blackouts and system-wide collapse. But the capacity congestion really only occurs a few days per year, and could be addressed much more cheaply, while the economic congestion is the real driver that makes the power line cost-effective. Thus the real effect of the new transmission line is to dramatically increase Allegheny's profit potential, while making everyone's air dirtier. (Incidentally, this is the same mechanism that Enron used to manipulate the California markets and led to their energy crisis in 2000.) I am still unclear if it would assure that West Virginia customers would have to pay an increased cost for our electricity (in addition to paying for the power line) so that East Coast customers can pay less, but it seems likely. And that is the real reason for the new power line. JBK >>> "Paul Brown" <pbbrown(a)hsc.wvu.edu> 7/5/2007 4:09 PM >>> It can now be argued that the transmission line is no longer the optimal solution to power distribution problems, because a better technology is already in use in West Virginia and elsewhere. See following story: New battery packs powerful punch, http://www.usatoday.com/tech/products/environment/2007-07-04-sodium-battery… By Paul Davidson, USA TODAY Batteries have long been vital to laptops and cellphones. They are increasingly supplying electricity to an unlikely recipient: the power grid itself. Until recently, large amounts of electricity could not be efficiently stored. Thus, when you turn on the living-room light, power is instantly drawn from a generator. A new type of a room-size battery, however, may be poised to store energy for the nation's vast electric grid almost as easily as a reservoir stockpiles water, transforming the way power is delivered to homes and businesses. Compared with other utility-scale batteries plagued by limited life spans or unwieldy bulk, the sodium-sulfur battery is compact, long-lasting and efficient. Using so-called NaS batteries, utilities could defer for years, and possibly even avoid, construction of new transmission lines, substations and power plants, says analyst Stow Walker of Cambridge Energy Research Associates. They make wind power * wildly popular but frustratingly intermittent * a more reliable resource. And they provide backup power in case of outages, such as the one that hit New York City last week. Such benefits are critical, because power demand is projected to soar 50% by 2030 and other methods of expanding the power supply are facing growing obstacles. Congress is likely to cap carbon dioxide emissions by traditional power plants to curtail global warming. Meanwhile, communities are fighting plans for thousands of miles of high-voltage transmission lines needed to zap electricity across regions. A test case in West Virginia American Electric Power (AEP), one of the largest U.S. utilities, has been using a 1.2 megawatt NaS battery in Charleston, W.Va., the past year and plans to install one twice the size elsewhere in the state next year. Dozens of utilities are considering the battery, says Dan Mears, a consultant for NGK Insulators, the Japanese company that makes the devices. "If you've got these batteries distributed in the neighborhood, you have, in a sense, lots of little power plants," Walker says. "The difference between these and diesel generators is these batteries don't need fuel" and don't pollute. The NaS battery is the most advanced of several energy-storage technologies that utilities are testing. The oldest and most widespread form of energy storage in the USA, pumped hydroelectricity, collects water after it spins a turbine and uses a small amount of electricity to send it back and repeat the process. Lead-acid batteries * the same kind used in cars * were installed by Southern California Edison in 1988. But the batteries, though inexpensive, typically fill warehouse-size buildings and last about five years. That's because the acid that connects positive and negative electrodes corrodes components. An NaS battery, by contrast, uses a far more durable porcelain-like material to bridge the electrodes, giving it a life span of about 15 years, Mears says. It also takes up about a fifth of the space. Ford Motor pioneered the battery in the 1960s to power early-model electric cars; NGK and Tokyo Electric refined it for the power grid. Since the 1990s, Japanese businesses have installed enough NaS batteries to light the equivalent of about 155,000 homes, says Brad Roberts, head of the Electricity Storage Association. In the USA, AEP is using the 30-foot-wide by 15-foot-igh battery to supply 10% of the electricity needs of 2,600 customers in north Charleston, says Ali Nourai, AEP manager of distributed energy. The battery, which cost about $2.5 million, is charged by generators from the grid at night, when demand and prices are low, and discharged during the day when power usage peaks. By easing strains on the grid, especially on the hottest summer days, the battery lets AEP postpone by about seven years the roughly $10 million upgrade of a substation and reduce the chances of a blackout, Nourai says. After it upgrades the substation, AEP can move the battery to another location. "Our vision is to have (batteries) throughout our system," he says. Storing wealth from wind farms A more intriguing goal is to wring more energy out of the wind farms that are cropping up across the country. Wind typically blows hard at night when power demand is low, producing energy that cannot be used. When demand peaks midday, especially in the summer, wind is often sporadic or absent. NaS batteries could let AEP store wind-generated power at night for daytime use. Next year, AEP plans to install another NaS battery in West Virginia to provide backup power in case of an outage * the first such application of the technology, Nourai says. The battery would kick in automatically, so customers would see no disruption. Other utilities are planning or considering the technology. In Long Island, N.Y., a group of utilities plans this summer to install an NaS battery at a bus depot. The battery is charged at night, when power prices are low, and discharged during the day to pump natural gas into tanks to provide fuel for the buses, says Mike Saltzman of the New York Power Authority. That cuts electric costs for the bus company and eases stresses on the grid. Pacific Gas & Electric is leaning toward installing a much larger, 5-megawatt battery by 2009, enough to power about 4,000 homes, says PG&E's Jon Tremayne. The biggest drawback is price. The battery costs about $2,500 per kilowatt, about 10% more than a new coal-fired plant. That discourages independent wind farm developers from embracing the battery on fears it will drive the wholesale electricity prices they charge utilities above competing rates, says Christine Real de Azua, spokeswoman for the American Wind Energy Association. Mass production, however, is expected to drive prices down, Mears says. He predicts NaS batteries will start to become widespread within a decade. Meanwhile, other storage devices are gaining traction, too. A group of Iowa municipal utilities plans to use wind turbines to compress air during off-peak hours that will be stored in an underground cavern. The air would be released at peak periods to run turbines and generate power for about 200,000 homes. Another technology, the flywheel, has a massive cylinder that can spin for days after being started by a generator. The cylinder can then activate a turbine to supply electricity for a few seconds or minutes when it's needed, for instance, to head off an interruption to a computer center from a lightning strike. "We'd like to see storage ubiquitous," says Imre Gyuk, head of energy storage for the Department of Energy, which helped fund the AEP project. "Stick it any place you can stick it." Paul Brown Physiology Department West Virginia University Health Sciences Center Morgantown, WV 26506 (304) 293 - 1512 >>> <Duane330(a)aol.com> 7/5/07 3:50 PM >>> REMEMBER: The DOE National Interest Electricity Transmission (NIET) Corridor comments DEADLINE is July 6th! You should submit comments electronically at: http://nietc.anl.gov You can attach one file no larger than 10MB. So write a letter and attach it to an email. Or, just send an email letter. Address it to: The Office of Electricity Delivery and Energy Reliability, OE-20 U.S. Department of Energy 1000 Independence Avenue SW Washington, DC 20585 "If you are commenting on Docket No. 2007-OE-01 (the draft Mid-Atlantic Area National Corridor), your comments must be marked "Attn: Docket No. 2007-OE-01." So let's get all of our comments submitted a.s.a.p. Getting comment in on the excessively large area of the NIET Corridor is extremely important, covering essentially the northern half of West Virginia. Note that Gov. Manchin first supported this Corridor, but now opposes it, more or less. NOTE: There is no crisis in power on the East Coast. The eastern states need to (1) practice conservation and energy efficiency to the greatest extent possible, then (2) devise a plan that involves alternative fuels such that carbon dioxide emission can be REDUCED, not EXPANDED in the near and long term future. The "greenhouse effect" is real and huge! Duane Nichols, CLEAR and Board Member of MVCAC. See what's free at AOL.com.

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Urgent. NIETC vote Mon. or Tue.
by Duane330＠aol.com 17 Jun '07

17 Jun '07

PLEASE FORWARD THIS EMAIL TO OTHERS WHO AREN'T CONNECTED YET. THANKS! Dear Citizen: On April 26, 2007, the Department of Energy issued two draft National Interest Electric Transmission (NIET) Corridor designations. SEE ATTACHMENTS 1 AND 2 for maps of the corridors. If these draft NIET Corridor designations are approved, they would include all or parts of eleven states and the District of Columbia for 12 years or more. THE DEPARTMENT OF ENERGY HAS ALSO IDENTIFIED CONGESTION AREAS OF CONCERN IN THE NORTHEASTERN UNITED STATES, PARTS OF WASHINGTON AND OREGON, THE MIDDLE OF CALIFORNIA, AND SOUTHEASTERN ARIZONA. FOR MORE INFORMATION, GO TO THE DOE WEBSITE. All across the country, citizens are expressing serious objection to these draft NIET Corridor designations. Citizens are concerned about the size and life span of the corridors, the process by which they are being considered, and the potential eminent domain and environmental ramifications of the corridors. Even citizens who do not reside in states that would be impacted by these draft NIET Corridor designations are objecting to them. SURELY OUR NATION COULD FORMULATE BETTER 21ST CENTURY ENERGY POLICY THAT WOULD NOT INVOLVE THE DESIGNATION OF MASSIVE NIET CORRIDORS! In response to the draft NIET Corridor designations, Congressman Hinchey (D - New York) and Congressman Wolf (R - Virginia) have co-sponsored an Amendment to the Energy and Water Development Appropriations Bill, 2008, that says: NONE OF THE FUNDS MADE AVAILABLE IN THIS ACT MAY BE USED BY THE SECRETARY OF ENERGY TO DESIGNATE ANY GEOGRAPHIC AREA AS A NATIONAL INTEREST ELECTRIC TRANSMISSION CORRIDOR UNDER SECTION 216(a) OF THE FEDERAL POWER ACT (AS ADDED BY SECTION 1221 OF THE ENERGY POLICY ACT OF 2005), AND NONE OF THE FUNDS MADE AVAILABLE IN THIS ACT MAY BE USED BY THE FEDERAL ENERGY REGULATORY COMMISSION TO TAKE ANY ACTION RELATED TO THE PROCESSING OR ISSUANCE OF A PERMIT UNDER SECTION 216(b) OF THE FEDERAL POWER ACT. This Hinchey/Wolf Amendment would postpone the designation of NIET Corridors for a one-year period. SEE ATTACHMENT 3 FOR THE CONGRESSMEN’S LETTER DATED JUNE 12, 2007, WHICH ADDRESSES THE REASONS WHY YOUR CONGRESSMAN OR CONGRESSWOMAN SHOULD SUPPORT THEIR AMENDMENT. The Hinchey/Wolf Amendment probably will be introduced on the House floor for a vote on Monday or Tuesday of this week. That’s why it’s so important for you to EMAIL AND FAX your Congressman NOW if you oppose the DOE’s draft NIET Corridor designations and if you support the Hinchey/Wolf Amendment. Use this link to email your Congressman and to identify a fax number: _http://www.congress.org/congressorg/dbq/officials/?lvl=L_ (http://www.congress.org/congressorg/dbq/officials/?lvl=L) SEE ATTACHMENT 4 FOR SAMPLE LETTERS YOU CAN USE OR MODIFY IN PREPARING YOUR EMAIL AND FAX. Thank you for your attention to this important issue! Barbara Kessinger Haymarket, Virginia PLEASE FORWARD THIS EMAIL TO OTHERS WHO AREN'T CONNECTED YET. THANKS! ************************************** See what's free at http://www.aol.com.

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EPA Region 3 Updates
by Duane330＠aol.com 31 May '07

31 May '07

EPA'S BIOLOGY TEAM DETERMINING CAUSE OF FISH KILLS The Wheeling Freshwater Biology Team began conducting a 7-day chronic toxicity test on May 15 for eight sites along the _South Branch of the Potomac and Shenandoah Rivers_ (http://www.wm.edu/geology/virginia/rivers/potomac-shenandoah.html) to identify the possible source or cause of the mysterious fish kills occurring there. Recent reports of dead and dying fish in the South Branch of the Potomac River are being investigated as is a substantial fish kill in the Shenandoah River and its tributaries in Virginia. Both states are actively cooperating and conducting research. EPA UPDATES AIR QUALITY WEBSITE EPA has made several air quality maps available depicting the current air quality conditions of the Mid-Atlantic region. The maps use the latest Air Quality Index (AQI) values for ozone and particulate matter, and can be found at EPA's "Air Quality" web page at _http://www.epa.gov/reg3artd/airquality/airquality.htm#currentcond_ (http://www.epa.gov/reg3artd/airquality/airquality.htm#currentcond) . The AQI describes the daily extent of pollution in the air, what associated health effects might be present, and what health effects may be experienced a few hours or days after breathing polluted air. For more information on the AQI visit EPA's AirNow web site at _http://www.airnow.gov_ (http://www.airnow.gov/) . ************************************** See what's free at http://www.aol.com.

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Pennsylvania perspectives on powerline
by Duane330＠aol.com 29 May '07

29 May '07

>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> DeWeese seeks help on fighting high-voltage lines Thursday, April 26, 2007, By Jerome L. Sherman, Pittsburgh Post-Gazette WASHINGTON -- Pennsylvania House Majority Leader Bill DeWeese yesterday called on Congress to repeal a federal law that could potentially allow energy companies to bypass state approval for the construction of new high-voltage power lines. At issue is Allegheny Power's plans to partner with Dominion Virginia Power in building a 240-mile, 500-kilovolt transmission line that would extend from Washington and Greene counties to substations in West Virginia and end in northern Virginia. Allegheny Power is seeking approval from Pennsylvania's Public Utility Commission, but the company is also asking the federal government to designate the project as a "national interest electric transmission corridor," or NIETC, meaning construction permits and eminent domain approval could be fast-tracked to circumvent state regulations. The Energy Policy Act of 2005 permits the creation of the electric transmission corridors. "This is an unprecedented usurping of state power," Mr. DeWeese, D-Waynesburg, told a U.S. House committee hearing yesterday. He argued that states have played a central role in approving the building of energy infrastructure "since the invention of the light bulb." He has joined a group of local activists, _stopthetowers.org_ (http://stopthetowers.org/) , in opposing Allegheny Power's Trans-Allegheny Interstate Line Project, or TrAIL, which would include new substations at the 502 Junction in Dunkard, southern Greene County, and North Strabane, Washington County. They say the project is unnecessary and would mostly benefit energy-hungry areas in New York, New Jersey and elsewhere. But David Neurohr, spokesman for Allegheny Energy, the parent company of Allegheny Power, said the new line is only aimed at local Pennsylvania energy demands, especially in rapidly growing areas of Washington County. He also noted that the project is mandated by PJM Interconnection, which manages electric transmission services of the Mid-Atlantic power grid in 13 states and Washington, D.C. During yesterday's hearing, local officials and activists from Maine, New York, and Virginia joined Mr. DeWeese in expressing concerns about the new federal law, and they seemed to have the sympathy of Democrats who won control of Congress last year. They're considering several bills that would restore some state powers. "As the law is written, a state may have little or no ability to determine whether a transmission line goes through one of its state parks, a historic battlefield, land protected by conservation easements, or private land," said Rep. Dennis Kucinich, D-Ohio, who chaired the House Oversight and Government Reform subcommittee hearing. Mr. Neurohr said Allegheny Power is focused on winning Pennsylvania state government approval for its project, even though it is also exploring the option of having the U.S. Department of Energy designate a national interest corridor in the state. "That's a bridge that we'll cross way down the road," he said. Allegheny Power's portion of the line extends about 210 miles at a cost of $820 million, with the total project estimated at more than $1 billion. The smaller portion of the line will be built and paid for by Dominion Virginia Power. Allegheny Power has said it will raise consumer rates to pay for the upgrades. Currently, customers pay 5 percent of their bill for transmission costs. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> THE FORMAT FOR THE PUBLIC MEETINGS IN JUNE WILL BE AS PRESENTED IN THE FOLLOWING INTERNET WEB SITE: _http://www.energetics.com/NIETCpublicmeetings/_ (http://www.energetics.com/NIETCpublicmeetings/) <<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<< the allegheny front News Analysis: Proposed National Electric Transmission Corridors Raise Questions Ann Murray, Air date: 05/16/2007 OPEN: After the big electrical blackouts a few years ago, the US Department of Energy studied which parts of the country need the most help getting additional power to communities. The DOE has just proposed two National Interest Electric Transmission Corridors. The proposed Mid-Atlantic Area Corridor passes through Pennsylvania and surrounding states. Ann Murray joins me to talk about questions being raised about these power pathways. M: What does the DOE mean by calling these electrical corridors National Interest Electric Transmission corridors? A: The federal government believes these corridors- pathways for electrical transmission- serve the entire country in the sense that electrical power loss affects the national economy. In an effort to speed up development of major energy transmission lines that would help feed an always growing energy demand in the US, the federal government is trying to make the necessary lands available. M: How would the federal government make sure land is available for transmission lines? A: If corridor designations are approved, the DOE would set up a process that lets local governments, industries, individuals, and others haggle over energy transmission corridors for a period of time, then allow the federal or state government to sanction the use of eminent domain if necessary to make sure the corridors work on county, city, and private lands. M: How did the federal government get the authority to condemn land for transmission lines? A: It's the so-called "backstop" siting authority that Congress granted to the agency in the Energy Policy Act of 2005 It gave the Federal Energy Regulatory Commission the right to issue permits for construction of transmission lines and condemn right of way for those transmission lines. Until now, only state regulators and siting authorities possessed this authority. M: Eminent domain is a really controversial approach for securing land. I assume that prospect has raised some hackles? A: Yes, the prospect of government seizing property doesn't sit well with a lot of people including some local governments, people in Congress. The DOE is now taking comments during a public comment period that will run through July 6th. M: I understand that the DOE says because the current electrical grid is aged and stressed, the agency plans to be more assertive about getting these kinds of projects rolling. A: Yes, that right. US Energy Secretary Sam Bodman said in a recent press meeting that the government would take a more aggressive role in energy projects opposed by local groups. I'm quoting here:"The parochial interests that shaped energy policy in the 20th century will no longer work." M: There will be a public hearing in Pittsburgh to talk about the proposed corridor. When will that happen? A: The DOE hasn't announced the exact date but has said that the hearing will take place next month. Hearing are also underway in Washington,DC and New York and on the West Coast. M: The West Coast hearings cover the other proposed corridor? A: Yes, the other corridor is proposed for areas in the Southwest through California, Arizona and Nevada. M: How did the DOE decide where electric transmission corridors are needed? A: The agency did a study in 2005 that looked for areas on the electrical grid that are clogged and need additional pathways to get power. The DOE is charged with doing similar studies every three years. M: Will there be an environmental impact assessment on the land included for the proposed corridors? A: DOE contends that there's no need for an environmental assessment of these corridors, since they don't involve a proposal to build a specific line or any siting decisions. But the agency concedes that an environmental assessment of some type would be needed if a specific line is proposed within a corridor. The National Corridor designations don't necessarily mandate building new lines since the process still allows for other ways of reducing demand like conservation, improved energy efficiency, or locating extra generation close to customers. M: Where does the proposed corridor run through Pennsylvania? A: Through all the counties except in the north central and northwestern part of the state. M: Will the DOE designate other national power corridors ? A: Right now,there aren't any immediate plans to designate a National Corridor anywhere else in the country. M: Could trends in generation of alternative energy have any effect on building transmission lines? A: Trends in decentralized energy could make the need for transmission lines less relevant. Some energy experts predict that energy sources will become smaller and more localized by using solar, geothermal and wind power. M: Thanks , Ann. A: You're welcome, Matthew. More information about the proposed corridors and how to comment are on our web site alleghenyfront.org >>>>>>>>>>>>>>>>>>>>>>>>>>>>> Power line project has wider relevance New Allegheny Power application asks for another transmission line Sunday, May 27, 2007, By Janice Crompton, Pittsburgh Post-Gazette As protesters and publicists alike gear up for state and federal hearings into plans for a high-voltage power line through Washington and Greene counties, it's become apparent that the consequences of the project could be felt statewide.Allegheny Power submitted an application last month to the state Public Utility Commission, seeking approval for the construction of 37 miles of 500-kilovolt power lines from a substation to be built in North Strabane, called Prexy, to a substation planned for Dunkard, Greene County. It also wants to build three 138-kilovolt power lines that would extend outward from the Prexy station. The project is part of a 240-mile transmission line to extend from Pennsylvania to existing substations in West Virginia and end in northern Virginia. The company has submitted a similar application to West Virginia. The Virginia portion of the line will be built by Dominion Virginia power company. Allegheny's portion of the total project extends about 210 miles at a cost of $820 million, with the total project estimated at more than $1 billion. As part of its review process, the PUC will conduct public hearings to determine if there is a need for additional power in the region and whether Allegheny Power has the best solution. Complaints from ratepayers and property owners are to be submitted to the PUC by Tuesday. The hearings, expected this summer, haven't been scheduled. All those who protest the project may offer comment at the hearings, even if they haven't filed a written complaint. A grass-roots organization that opposes the project, Stop the Towers, plans to fight the plan on two levels. The group, along with the more than 4,000 people who have signed petitions opposing the power lines, will protest the location of the line, which would affect hundreds of property owners. A newly formed legislative branch of the group, called the Energy Conservation Council of Pennsylvania, will litigate the need for the power line and concentrate its efforts on lobbying. Local opposition leaders say it's vital to win the battle with the PUC, especially because of federal intervention, and because other Pennsylvania communities could be facing the same issues soon. "If we don't win this in front of the PUC, we've lost," said Robbie Matesic, executive director of the Greene County Planning and Economic Development Department. If the project is turned down by the PUC, it could kick in a provision in the Energy Policy Act of 2005 that allows the federal government to override state and local laws in certain cases. Recently, the U.S. Department of Energy designated a large swath of the northeastern United States., including 50 of Pennsylvania's 67 counties, as a potential "national interest electric transmission corridor," or NIETC. If the designation is approved by the DOE, it clears the way for the federal government to step in. If a state withholds construction approval for more than one year, denies approval, or if too many conditions are placed on construction of electric transmission lines within a NIETC, the federal government can intervene and approve the project. The law also authorizes the taking of private property by eminent domain for rights of way. Efforts to repeal that portion of the Energy Act are under way in Congress, including a bill recently co-sponsored by U.S. Rep. John Murtha, D-Johnstown, who, like most other public officials in southwestern Pennsylvania, opposes the project. The DOE is planning a public hearing for the Pittsburgh area next month on the NIETC designation. Rebecca Foley, of Jefferson, Greene County, said she and about 20 other Pennsylvania and West Virginia residents chartered a bus to attend a NIETC hearing May 15 in Virginia. She said she spoke briefly to DOE panelists and said they were "visibly moved" by the testimony from people who would be affected by the power line. Greene and Washington county commissioners have said the power line is becoming the most significant grass-roots issue in their memory. "People are concerned about the environmental issues for our children and what government does to property owners," Greene County Commissioner Pam Snyder said. The local power line issue also is seen as a harbinger of several other transmission projects being proposed for the state. The local upgrade was mandated by PJM Interconnection, which manages electric transmission services of the Mid-Atlantic power grid in 13 states and Washington, D.C. The line is part of PJM's five-year regional electric transmission plan, meant to address future energy needs at certain points in the grid. As part of a longer range 15-year plan, PJM is considering several additional proposals, including a joint venture between Allegheny Power and American Electric Power that calls for a $3 billion, 550-mile, 765-kilovolt transmission "superhighway," beginning at the Amos power station in Putnam County, in western West Virginia. It would travel through Maryland and southeastern Pennsylvania and end in Middlesex County, N.J. AEP also proposed a line closer to home, from Kammer-Mitchell power plant near Moundsville, W.Va., into Pennsylvania to the Prexy substation in North Strabane. From there, the line would traverse Central Pennsylvania to Conemaugh power plant in West Wheatfield, Indiana County, ending near the Three Mile Island nuclear power plant near Harrisburg. In Ohio, north of the Kammer-Mitchell plant, AEP proposed a line into Western Pennsylvania to the Keystone power plant in Shelocta, Armstrong County, east to the Sunbury Power Plant near Shamokin Dam in Snyder County. PJM spokesman Ray Dotter said the proposals and routes haven't been finalized and only are under consideration. "They are being analyzed," he said. "It doesn't necessarily mean it's going to happen." Local opponents of the project cite concern about property values, quality of life, and health and safety. They have questioned the need for the power lines and the rate increases that will go with it. Allegheny Power says the plan, called the Trans-Allegheny Interstate Line Project, or TrAIL, is necessary to address power shortages in the East, and to provide additional power to the developing areas of central and northern Washington County, which could begin to experience rolling blackouts and brownouts within a few years if nothing is done. In its application to the PUC, Allegheny Power outlined four reasons the power line was needed, each involving the failure of existing 138-kilovolt lines because of demand. The outages would be widespread, and likely to occur during the early evening hours on hot days. "When it gets to be a hot day, everybody turns on their air conditioners," said David Neurohr, Allegheny Power spokesman. "If the existing 138-kilovolt system goes, the lights will go out," he said. But, Stop the Towers members and local officials have argued that Washington County has more than enough power for years to come, and that the company's intention is to tap local power plants for low-cost, coal-generated energy to ship to the power-strapped Eastern U.S., where energy plants are closing without being replaced. Even though the local plan is outlined in detail in the PUC application, it isn't mentioned at all in the application last year to the DOE, asking that the area be designated as a NIETC. Mr. Dotter said the reason was the DOE was looking at the issue from a regional perspective. The agency is trying to supply power to the East Coast, from New York to northern Virginia, an area which it identified as in "critical" need of more power in a study done last summer. "Everything is tied together," Mr. Dotter said. It's clear that power is no longer a local issue. Planning occurs on a regional level and ,perhaps, the best evidence for its necessity came in August 2003, when a downed tree near Cleveland resulted in a widespread blackout from New York to Canada. "The grid is like a net," Mr. Dotter said. "It pulls everything together." Mr. Dotter said that, while PJM can't force companies to build power plants, it can and does order new transmission lines built to serve power needs wherever necessary. The company has no stake in who builds the lines or how it's accomplished, only that the job gets done. "Whether the line gets built or not, we don't make money. We don't make money, period," Mr. Dotter said. "Our goal is to keep the lights on. We have to look at the needs and make that determination." ************************************** See what's free at http://www.aol.com.

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CLEAR Bird Walk
by Duane330＠aol.com 17 May '07

17 May '07

Title: Bird Walk at Cheat Lake. There will be a bird walk on the Cheat Lake Park and Trail. Saturday, May 19, 2007, starting at 8:30 a.m. Leader: Ann Chester of CLEAR. Meet at the Guard House, below the main parking area, at the end of Morgan Run Road. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> Submitted by Duane Nichols, CLEAR President 330 Dream Catcher Circle Morgantown, WV 26508 _duane330(a)aol.com_ (mailto:duane330@aol.com) 304-599-8040 ************************************** See what's free at http://www.aol.com.

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AE TrAIL power line, et al.
by Duane330＠aol.com 05 May '07

05 May '07

Upcoming meetings that you should consider attending, as action is needed on these: 1. AE TrAIL power-line meeting – Tomorrow, Sunday, May 6th, at the Triune-Halleck Fire Hall, on Halleck Road off WV 73 South (Smithtown Road). Start time: 2 pm. Host: Halleck Community Association. 2. MonValley Clean Air Coalition -- Monday, May 7th, at the home of Martha and Larry Schwab, 3333 Collins Ferry Road, Morgantown. Start time: 7 pm. Info: Duane Nichols, 599-8040. Topics include: Longview power plant, Ft. Martin scrubbers, and AE TrAIL power line. 3. Sierra Club -- Thursday, May 10th, at the WVU Mountainlair, 7 pm. Matt Keller "WV Wilderness Coalition". Info: Jim Kotcon, 594-3322. 4. AE TrAIL power-line meeing – Wednesday, May 16th, at the Monongalia County Courthouse, Court Room #1. Start time: 7 pm. Host: Mon. County Commission. The WV Consumer Advocate (Public Service Commission) Billy Jack Gregg to participate. 5. Mon. County Farmland Preservation Board – Thursday, May 17th, Mon. County Courthouse, Room 202 (Second Floor). The meeting is open to the public. For information on the proposed 500,000 volt transmission line, see the following: _www.stopthetowers.org_ (http://www.stopthetowers.org) _www.laurelrunwatershed.org_ (http://www.laurelrunwatershed.org) _www.alleghenypower.com/TrAIL/TrAIL.asp_ (http://www.alleghenypower.com/TrAIL/TrAIL.asp) ************************************** See what's free at http://www.aol.com.

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