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