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