West Virginia Department of Environmental Protection and Department of Natural Resources withdraw their approvals for proposal to lower Cheat Lake in Lake Lynn; residents seek help from governor and attorney general

Aug. 30 — MORGANTOWN — The West Virginia Department of Environmental Protection and Division of Natural Resources have withdrawn their approvals for Lake Lynn Generation’s proposal to lower Cheat Lake by 3 feet.

Senator Shelley Moore Capito added her voice to the public opposition to the plan, and area residents and businesses asked state leaders to get involved.

The DEP and DNR sent separate letters Tuesday to Lake Lynn’s parent company, Eagle Creek Renewable Energy (which is a subsidiary of Ontario Power Generation). The Federal Energy Regulatory Commission received copies and sent them Friday.

Lake Lynn Generation filed a request for a temporary waiver from the 868-foot minimum lake level requirement with FERC on July 16. It reported that dissolved oxygen levels in the hydroelectric project’s outfall channel and reservoir were declining due to a lack of precipitation and low inflows to the reservoir. Lowering the minimum level from 868 feet to no less than 865 feet would increase spillway discharge to address the low dissolved oxygen levels.

The DEP issued its approval July 18. But on Tuesday, it informed Eagle Creek that the public had expressed concerns about the proposal. It is withdrawing its approval and requesting further information.

“While this option has been pursued over the past few years due to drier conditions,” he said, “WVDEP is interested in identifying any potential additional options, such as artificial aeration, to minimize impacts to stakeholders. WVDEP will also consult with FERC on this type of decision and potential for an improved strategy moving forward.”

The DNR told Eagle Creek it believes the waiver will be short-lived and will cause minimal disruption to lake recreation.

It said lowering lake levels is not the only way to maintain water quality standards. Both the DNR and DEP noted that water quality certification for the project requires that the operational plan include provisions for hydroelectric plant closure, oxygen injection or other necessary steps to maintain oxygen levels.

“Due to current weather conditions and the potential for the pool rule variance to extend beyond what WVDNR considers temporary, as well as the potential impact to recreation,” it said, “WVDNR is withdrawing approval of the temporary variance.”

The DNR told the company: “WVDNR respectfully requests that Eagle Creek consider other alternatives to maintain water quality.”

Capito wrote to FERC on Thursday.

She said, “I have heard concerns from businesses around Cheat Lake that lowering water levels during the peak of the boating season will have a negative impact on the community. Recreational activities on Cheat Lake are the driving force of the Monongalia County economy during the summer and early fall, and it is critical for these businesses that the boating season not be shortened.”

She urged FERC to consider the economic impact on local communities that rely on seasonal recreation.

An Appeal to State Leaders We previously reported that the Biafora family of companies sent 18 (now 20) identical letters to FERC opposing the proposal, and one of them — Cheat Lake Marina — filed a motion to intervene in the case.

In a new development, an attorney representing the three Biafors, along with other concerned Cheat Lake residents and businesses, called on Gov. Jim Justice, Attorney General Patrick Morrisey and WVU President Gordon Gee to get involved.

The letter informed them that the Biafors had held a community meeting with Lake Lynn representatives on August 22 and found that “no actual action or commitments had been received from Lake Lynn.”

The attorney informed the three leaders of the letters of opposition and the motion to intervene. He told them that Lake Lynn had lowered its water level on Thursday, washing a few boats ashore and possibly changing some people’s Labor Day plans. (Photos included) The letter claims that Lake Lynn had lowered its water level.

Pointing to Ontario Power’s Canadian ownership, the lawyer said Lake Lynn “does not care about the residents of Cheat Lake, Monongalia County or West Virginia. We are simply asking that your offices look into this situation and help us improve our local communities.”

The attorney claims Lake Lynn lowered water levels in retaliation for community opposition to the project and complaints about the company’s maintenance of the lake and recreation areas.

The letter ends: “We believe that the retaliatory attack the day before one of Cheat Lake’s busiest weekends was not a coincidence, but was clearly intended to send a message. Please send a message to Lake Lynn that this is not how things work in West Virginia.”

Because of the timing of receiving copies of the letter, The Dominion Post contacted Lake Lynn and the offices of the three leaders 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