Aug. 30—MORGANTOWN — The West Virginia Department of Environmental Protection and the West Virginia Department of Natural Resources have both withdrawn their approval of Lake Lynn Generation’s proposal to lower the water level of Cheat Lake by 3 feet.
Senator Shelley Moore Capito has added her voice to the public opposition to the plan, and area residents and businesses have asked state leaders to get involved.
The DEP and DNR sent separate letters Tuesday to Lake Lynn’s parent company, Eagle Creek Renewable Energy (a subsidiary of Ontario Power Generation). The Federal Energy Regulatory Commission received copies and mailed them Friday.
Lake Lynn Generation filed a request for a temporary exception to the requirement to maintain a minimum lake level of 868 feet with FERC on July 16. The company said discharge from the hydroelectric project and dissolved oxygen levels in the reservoir had declined due to a lack of precipitation and low inflows to the reservoir. Lowering the minimum level from 868 feet to no lower than 865 feet would increase the overflow discharge to address the low dissolved oxygen levels.
DEP gave its approval on July 18. But it told Eagle Creek Tuesday that the public has raised concerns about the proposal. It is withdrawing its approval and asking for more information.
“While this option has been utilized in recent years due to drier conditions,” the report said, “WVDEP is interested in identifying potential additional options, such as artificial aeration, to minimize impacts to stakeholders. WVDEP will also consult with FERC regarding these types of decisions and the potential for a better strategy in the future.”
DNR told Eagle Creek it expected the deviation to be short-lived and that there would be minimal disruption to recreation at the lake.
It was said that lowering the water level is not the only method for maintaining water quality standards. Both DNR and DEP noted that the project’s water quality certification requires the operational plan to include provisions for shutting down the hydroelectric plant, injecting oxygen, or other necessary steps to maintain oxygen levels.
“Due to current weather conditions and the possibility that the pool deviation will last longer than the WVDNR considers temporary and the potential impacts to recreation,” the report said, “the WVDNR is withdrawing its approval of the temporary deviation.”
DNR told the company: “WVDNR kindly requests that Eagle Creek explore other alternatives to maintain water quality.”
Capito wrote to the FERC on Thursday.
She said, “I have heard concerns from businesses around Cheat Lake that lowering the water level during the peak boating season will negatively impact the local community. Recreational activities on Cheat Lake serve as an economic driver for Monongalia County during the summer and early fall, and it is critical to these businesses that the boating season not be cut short.”
She urged the FERC to consider the economic impact on local communities that rely on seasonal recreation.
Appeals to State Leaders We previously reported that the Biafora Group of Companies sent 18 (now 20) identical letters to the FERC opposing the proposal, and one of them, Cheat Lake Marina, filed a motion to arbitrate the matter.
In a new development, an attorney representing three of the Biaforas, along with other concerned Cheat Lake residents and businesses, have called on Governor Jim Justice, Attorney General Patrick Morrisey and WVU President Gordon Gee to intervene.
The letter stated that the Biaforas had arranged a meeting with Lake Lynn authorities on August 22 and that “no real action or commitment has been received from Lake Lynn.”
The attorney told the three leaders about the letters of opposition and the motion to intervene. He told them that Lake Lynn lowered its water level on Thursday, causing several boats to beach and possibly changing some people’s Labor Day plans. (Photos were attached.) The letter claims that Lake Lynn lowered its water level.
The attorney pointed to Ontario Power’s Canadian ownership and said Lake Lynn “does not care about the people of Cheat Lake, Monongalia County or West Virginia. We are simply asking you to look into this situation and help us improve our local communities.”
The attorney alleges that Lake Lynn lowered its water level in retaliation for community opposition to the proposal and for complaints about the company’s maintenance of the lake and recreation areas.
The letter concludes: “We believe the retaliatory attack the day before the start of one of Cheat Lake’s busiest weekends was not an accident, but was clearly intended to send a message. We ask that you please send a message to Lake Lynn that this is not how things work in West Virginia.”
Due to the timing of receiving a copy of the letter, The Dominion Post contacted Lake Lynn and the three leaders’ offices Friday afternoon, too late to receive responses for this report. Any responses received will be included in a subsequent report.
EMAIL: dbeard @dominionpost.com TWEET @DominionPostWV
