West Virginia’s Department of Environmental Protection and Division of Natural Resources have both withdrawn their OKs on Lake Lynn Generation’s proposal to lower the level of Cheat Lake by 3 feet.

Sen. 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.

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

Lake Lynn Generation submitted its request for a temporary variance to the requirement to maintain a minimum lake level of 868 feet to FERC on July 16. It said its hydroelectric project tailrace and reservoir dissolved oxygen levels had 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.

DEP issued its approval on July 18. But it told Eagle Creek on Tuesday that the public has expressed concern about the proposal. It is withdrawing its approval and requesting further information.

“Although this option has been utilized the past several years due to drier conditions,” it said, “the WVDEP is interested in identifying any potential additional options, such as artificial aeration, to minimize stakeholder impacts. The WVDEP will also consult with FERC on these types of decisions and the potential for a better strategy moving forward.”

DNR told Eagle Creek that it believed the variance would be of short duration and result in minimal disruption to recreation on the lake.

It said that reducing the lake level isn’t the only method to maintain water quality standards. DNR and DEP both noted that the project’s water quality certification requires the operational plan to have provisions for shutting down the hydropower station, injecting oxygen or other necessary steps to maintain oxygen levels.

“Due to current weather patterns and the possibility that the pool variance will extend beyond what the WVDNR considers temporary and the potential impacts to recreation,” it said, “the WVDNR is withdrawing its temporary variance approval.”

DNR told the company, “WVDNR respectfully 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 surrounding Cheat Lake that the lowering of the water level during the peak boating season will have a negative impact on the local community. Recreational activity on Cheat Lake serves as an economic driver for Monongalia County during the summer and early fall, and it is crucial for these businesses that the boating season is not cut short.”

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

Appeals to state leaders

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

In a new development, a lawyer representing three of the Biaforas along with other concerned Cheat Lake residents and business have appealed to Gov. Jim Justice, Attorney General Patrick Morrisey and WVU President Gordon Gee to get involved.

The letter told them that the Biaforas organized a community meeting with Lake Lynn officials on Aug. 22, and said “no real action or commitment was received from Lake Lynn.”

The attorney told the three leaders about the letters of opposition and the motion to intervene. It told them that Lake Lynn lowered the lake level on Thursday, beaching several water craft and perhaps altering some people’s Labor Day plans. (Pictures were attached.) The letter alleges that Lake Lynn lowered the level.

Pointing out the Canadian ownership of Ontario Power, the attorney said Lake Lynn “does not care for the people of Cheat Lake, Monongalia County or West Virginia. We are simply requesting that your offices take a look at this situation and help us improve our local communities.”

The attorney alleges that Lake Lynn lowered the lake level as retaliation to the community’s opposition to the proposal and complaints about the company’s maintenance of the lake and recreation areas.

The letter closes, “We believe that the retaliatory attack the day before the start of one of the busiest weekends of Cheat Lake was no accident, but 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.”

Because of the timing of receiving a copy of the letter, The Dominion Post reached out to Lake Lynn and the offices of the three leaders Friday afternoon, too late to receive replies for this report. Any answers received will be included in a subsequent report.

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