NOTE: Please let me have any questions or comments regarding the following letter. The deadline for letters is September 12th. See the following web site:

_http://www.lrp.usace.army.mil/or/or-f/public_notice.htm_ (http://www.lrp.usace.army.mil/or/or-f/public_notice.htm)

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CHEAT LAKE ENVIRONMENT AND RECREATION ASSOCIATION September 7, 2006 Attn: Scott A. Hans, Regulatory Branch US Army Corps of Engineers, Pittsburgh District 1000 Liberty Avenue Pittsburgh, PA 15222-4186 RE: CELRP-OP-F 200601190, Manning Run of Monongalia County, WV The Cheat Lake Environment and Recreation Association (CLEAR) has been active in Monongalia County, West Virginia, for over ten years; and, we seek to promote diverse recreational opportunities on and round Cheat Lake while protecting and enhancing the environment. Both public health and environmental impacts are important in this mission, as a non-profit entity in the public interest. We are concerned about the Blackwater Properties project that has been proposed for the Manning Run area very near to Cheat Lake. We call for a public hearing so CLEAR and the general public can learn more about the project and provide needed comment to those who are making decisions about it. There are a number of concerns that can be identified at this time, and perhaps more that will become known at the public hearing. 1. Cheat Lake, also known as Lake Lynn, was formed by the Lake Lynn hydrodam, constructed in 1926. It is a federally licensed project, so the Lake is under the jurisdiction of the Federal Energy Regulatory Commission. The Cheat Lake Park and Trail has been chartered by FERC, and needs to be protected as a federal recreational and environmental conservation area. The proposed project may interfere. 1. Cheat Lake is a part of the Cheat River and its watershed, and as such it is protected by the State of West Virginia for water use, water quality, fishing, recreation, etc. The Manning Run Backwater, Manning Run and its tributaries are all part of this system. The proposed project may interfere. 1. The Manning Run Backwater, Manning Run and its tributaries are clean streams that are generally free of acid mine water, heavy metals, organic compounds, other dissolved solids and sediments. The proposed project would add some of these materials in unknown quantities. 1. The Manning Run Backwater provides fish, fishing, and natural habitat for diverse life support to the Cheat Lake and the Cheat Lake Park and Trail. These will be disturbed, perhaps substantially, by the proposed project.

1. Rare species, potential wetlands, and possible historic remains could be disturbed by the proposed project. The Cheat three-tooth snail is known to the Cheat Canyon area, exclusively. Indiana bats are known to this area; and, other species are suspected. The Cheat Mountain iron works are known to have existed all around this area, and some remains may be found here. 1. Sediments are prevalent in this area from disturbed land. The soils here are prone to instability resulting in severe stream impacts. Consider the extensive disturbances already described by the proposed project to see the large potential for substantial levels of sediment pollution for Manning Run, the Manning Run Backwater and Cheat Lake. [Swimming and water skiing are extensive in Cheat Lake, near the mouth of the Manning Run Backwater from boats and other water craft.] This project will add sediments to the streams, backwater, and Lake. 1. Landslides are very common around Cheat Lake. The Cheat Lake Trails are frequently closed during periods of varying length so as to clean up the soil, rocks and debris from landslides. We submit that the proposed project will increase the landslide potential of a significant length of the Cheat Lake Trail, the full extent of which is unknown at this time. The proposed project should be reconsidered in view of these problems. It is therefore essential that a public hearing be held to consider all the various real and potential problems associated with the proposed project. This hearing should be held in Morgantown, perhaps at the Cheat Lake Fire Hall, where reasonable access can be provided to all those that may be directly affected or have a substantial interest in the outcome. Thank you for your help in this matter. And, please mail me any additional or new information that may be available at your office on this project. Respectfully submitted, Duane G. Nichols, President Cheat Lake Environment and Recreation Association 330 Dream Catcher Circle Morgantown, WV 26508