NOTE: CLEAR Letter is below and FirstEnergy Final Report is attached.

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CHEAT LAKE ENVIRONMENT & RECREATION ASSOCIATION [CLEAR] DATE: May 15, 2012

Allegheny Energy (aka FirstEnergy) ATTN: Gary R. Haag, P.E. 800 Cabin Hill Drive Greensburg, PA 15601

RE: Comments on “Draft 2012 Recreation Plan Update, Lake Lynn Hydroelectric Project, FERC Project No. 2459 – License Article 417.”

INTRODUCTION: THE CHEAT LAKE PARK AND TRAIL

At a ceremony in 1927, a bronze tablet, embedded in a great rock near the Lake Lynn hydroelectric dam, dedicates the lake and the generating facility to the public “in lasting beauty for recreation and the supplying of essential service.” And, in June of 2000, Allegheny Energy added a 20 acre park and a 4.5 mile hiking and biking trail on the banks of the Cheat Lake for the enjoyment of the general public. See: www.cheatlaketoday.com

PROCLAMATION: The Cheat Lake Environment and Recreation Association [CLEAR] herewith acknowledges and thanks First Energy (formerly Allegheny Energy) and their maintenance contractor PACE Tech, now known as PACE Enterprises, for their accomplishments over the past three years to (1) open the South Trail year round from dawn to dusk and maintain this Trail in excellent condition for hiking, jogging, and bicycling, (2) installing a swimming beach at the Millstone Point accommodating to family swimming and picnicking, (3) installing and demarking the Cheat Haven Hiking Trail within the Cheat Haven Wildlife Viewing Area, and (4) establishing a CLEAR boat dock along the South Trail for public access via boat to the South Trail and to the Cheat Haven Hiking Trail. All these features and improvements have added substantially to the overall recreational benefit of the Cheat Lake Park and Trail, and these have noticeably increased the number of visits to the Park. We look forward to the maintenance and improvement of these new features during the coming years. Duane Nichols, President, Cheat Lake Environment and Recreation Association.

COMMENTS ON THE DRAFT 2012 RECREATION PLAN UPDATE

Hiking and Biking Trail. CLEAR believes the hiking and biking trails should be open to the fullest extent 24 hours per day and year round. Closing the South Trail at dusk and opening again at a specific morning time can be problematic for some users. The need for maintenace will continue, in the face of usage as well as due to weather events and land slides. CLEAR is very pleased to have been a part of the effort to establish the Cheat Haven Hiking Trail along with a number of other individuals who wanted to achieve public access to this remote area.

Sheepskin Trail. CLEAR supports the continued development of the Sheepskin Trail along the Cheat River down to Pt. Marion, PA, and it's extension on south to join with the Monongahela River Trail, which would provide access to Morgantown and Fairmont. We also support the extension of the Sheepskin Trail north from the Lake Lynn Dam up into the interior of Fayette County, PA. A few more years will be required before these extension will be put into place.

Bike Racks, Picnic Tables, Shelter(s). We are pleased that bike racks and picnic tables have been moved around to accommodate locations of greater need. And, the two main shelters serve an important function for those needing shelter from the sunshine or rain. It is important to maintain a bike rack and picnic table at the end of the South Trail and/or near the Cheat Haven Hiking Trail.

Observation Platform at End of Trail or Elsewhere. We need at least one observation platform along the South Trail, to overlook the Lake itself. The view from the Trail is generally obscured by trees and other obstacles. CLEAR recommends that an “observation platform” be constructed for use of the general public. Suggested locations for consideration are (1) the end of the South Trail and/or (2) the CLEAR boat dock (near the Cheat Haven Hiking Trail).

Three Rest Room Locations. It is important to maintain all the rest room facilities in working order and in a sanitary state.

Low Usage Areas. It is desirable to explore additional useage opportunities for the Upper Day Use Picnic Area, for the Warm Hollow and Tower Run Viewing Areas.

Privilege Permits. CLEAR supports the plan to no longer issue new privilege permits. In addition to the new rules that have been proposed, it would be appropriate to require that privilege permits be renewed at least every three years for existing permits that are to continue in force. For renewals, applicants should submit a picture of the present permitted site and a statement as to the amount of usage during the past few years and why the permit should be renewed. NOTE. Section 2.5 (Priviledge Permit Areas) is misleading and in need of updating or revision.

Boat Docks. Boat docks need to be inspected annually, so as to adhere to rational rules of safety and appearance. Also, the day use boat docks must be kept in good repair.

Shoreline Erosion. Shoreline erosion is a significant problem around the Lake, at some locations more so than others. Contributing factors are (1) the raising and lowering of the Lake as part of its hydroelectric generation function, and (2) boat wake from the recreational power boats that use the Lake. The latter factor is very significant during weekends and particularly so on holidays. CLEAR believes that if the Lake water level can be maintained at or below 869 feet (max. is 870) on weekends, the shoreline erosion can be significantly reduced.

Water Quality. Water quality has improved due to sanitary treatment systems upstream and the treatment of acid mine draining. However, these issues still remain. There is some sewage that comes into the Cheat River and Cheat Lake, so monitoring for Fecal Coliform and E. Coli are appropriate. Also, there is acid mine water that flushes thru during high water events particularly. Further, there are threats to the Cheat River and to Cheat Lake resulting from the Marcellus shale drilling and hydrofracking operations upstream. One or more solid drilling waste dumps have been proposed for the Cheat River watershed; these would leach heavy metals into the Lake. The Lake is already contaminated with mercury such that an advisory exists restricting the human consumption of fish from the Lake.

Fishing Tournaments. Fishing is very popular in Cheat Lake, which has an excellent rating State-wide. Adequate parking is needed to provide for the fishing public at these tournaments.

Swimming Area Maintenance and Improvement. The leadership and cooperation exhibited by both AE (FirstEnergy) and PACE Tech during the construction and implementation of the Millstone Point swimming area and the Cheat Haven Hiking Trail were outstanding. And, the necessary man-hours were applied in a prompt, effective, and efficient manner. We need to continue to clear floating debris from the swimming area and clear poison ivy from the shore area. We want to improve the beach with softer sand and to place a continuing emphasis on SAFETY.

Signage. Signs on WV 857 for the Cheat Lake Park would be very useful to the public.

Web-site. FirstEnergycorp.com (Formerly www.cheatlaketoday.com ). This web-site is not as functional and friendly as the previous one, in my opinion. It is a challenge to locate the Information on Cheat Lake; and it is difficult to browse or find specific information of interest, as revealed by the imbedded web-site sequence below:

Home>Environment> Sustainability>Cheat Lake. AKA: cheatlaketoday.com

Public Meetings. It is proposed that two informal meetings and one formal Annual Meeting be set each year to address the Cheat Lake environment. One such meeting every three years, as has been in the past, is not adequate to maintain continuity of attention to the various opportunities, issues, and problems relating to First Energy and the general public.

Thank you for your considerations and attention to these matters.

Respectfully submitted,

Original signed by Duane Nichols

Duane G. Nichols, President Cheat Lake Environment & Recreation Assn. 330 Dream Catcher Circle Morgantown, WV 26508 304-216-5535, duane330@aol.com

cc: FERC, CLEAR Board, Mon County Planner

Duane Nichols, Cell- 304-216-5535.