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Cheat Lake Marina petitions FERC to intervene in Lake Lynn’s proposal to lower Cheat Lake level

MORGANTOWN — Cheat Lake Marina has gone a step beyond merely submitting comments opposing Lake Lynn Generation’s proposal to lower the lake level by three feet and has petitioned the Federal Energy Regulatory Commission to intervene in the case.

FERC posted the petition Thursday. Cheat Lake Marina submitted the petition under its corporate name, Marina 1 LLC, but refers to itself throughout as Cheat Lake Marina. It says its purpose in intervening is to preserve its right to object to Lake Lynn’s lake-lowering proposal.

Cheat Lake Marina tells FERC is provides dock rentals, fuel sales and launching facilities, and houses a restaurant/bar and conference facility.

“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,” the petition begins.

As with the other objections that have poured into FERC, the company cites the potential recreational, commercial and environmental harm of lowering the lake level.

“Lowering the water levels of Cheat Lake too much will make boat docking almost impossible and even dangerous. … Presently, Lake Lynn has failed to dredge the lake and remove tree limbs and logs partially submerged.”

Docks will be too high to use, the company says, and the winter ramp at Cheat Lake Park can’t handle the summer boating volume.

Residents will also suffer, the company says.

“Lowering the water levels will have a grave impact on the residents’ ability to use their property to fish, swim, or enjoy any other recreational activities that the lake, at a proper level, offers. Residents will be forced to relocate for these activities.”

Cheat Lake thrives from summer business, the company says. Some businesses will become inaccessible, it says.

“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.” Businesses, beaches and parks will be forced to close early.

Lowering the level will also affect fish and wildlife, the company says. “If water levels drop below the optimal range, various different species will be required to relocate to worse habitat conditions. Indeed, such a lowering would disrupt or possibly displace wildlife, having an ancillary impact on the environment in the region.”

This petition was posted just one day after FERC posted OKs for the proposal, submitted by Lake Lynn, from West Virginia’s Department of Environmental Protection and Division of Natural Resources, and from the Pennsylvania Fish and Boat Commission and U.S. Fish & Wildlife Service.

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.

EMAIL: dbeard@dominionpost.com

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