The Biafora family of businesses comment-bombed the Federal Energy Regulatory Commission with 18 identical letters objecting to the proposal to lower Cheat Lake’s water level.
All 18 letters were dated Tuesday; FERC posted them late Tuesday and into Wednesday.
Each letter opens: “Lowering the water level of Cheat Lake will have drastic consequences on the recreational use of Cheat Lake. The lowered water level will have grave effects on business owners in the region and will further significantly impact the environment and wildlife in the area.”
They offer the now-familiar arguments against Lake Lynn Generation’s proposal.
They say Cheat Lake residents, tourists, charitable organizations and environmental groups all use the lake; lowering it will hamper that. Lake Lynn hasn’t properly dredged the lake, and the winter boat ramp is inadequate for summer demand.
“Revenue of local restaurants, shops, hotels, and any other summer-based activities will decline as an effect of lesser amount of people enjoying the lake,” the letters say. “Closing of the parks and beaches at the lake will occur and be devastating to the area.”
It goes on, “There is no doubt that constant raising and lowering of water levels have a huge impact on the environment in the region. Lowering the water level would have a grave impact on wildlife and fishing habitations in the region.”
The 18 letters have different signatories but all originate from the same Mid-Atlantic Drive business address and provide the same email address.
The signatories are Newberry LLC, Metro Rentals, Metro Rentals II, West Run Business Park, Central Place, RDR LLC, RDR II LLC, Falconcrest, Five Star Holdings, Marina Townhomes, Metro Towers, Cheat Road LLC, and individuals Alex Biafora, Joseph Biafora, David Haas, Richard Biafora, Richard Biafora II and David Biafora.
Another Biafora business, Cheat Lake Marina, under its corporate name, Marina 1 LLC, last week petitioned FERC to intervene in the case, saying “Cheat Lake Marina will be significantly prejudiced by, and is extremely concerned about, the negative impacts that lowering the water level will have on Cheat Lake and the surrounding area as apparently sought by the Lake Lynn Hydroelectric Project.” That letter cited objections similar to those in this series.
Lake Lynn Generation submitted its request to FERC on July 16, saying its hydroelectric project tailrace and reservoir dissolved oxygen levels have been decreasing due to a lack of precipitation and low reservoir inflows. Lowering the minimum level from 868 feet to no less than 865 feet would increase spillway discharge to address the low dissolved oxygen levels.
To accommodate boaters, Lake Lynn told FERC, it would open the winter boat launch at Cheat Lake Park, which allows access during lower lake levels. This would be a temporary variance, effective through Nov. 1.
Lake Lynn reminded FERC that low oxygen levels have occurred because of low inflow during the months of July through October at the project in past years. It requested and was granted similar temporary variances in September 2019, 2022 and 2023.
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