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.