~QN'§ GREETllNGr§ WVHc Past-President I(. A ,.II( f?~VL.. <+- \l(,.rf.? ) NON-PROm ORG. HC 78 BOX 227 I U.S. POSTAGE PAID ROCK CAVE WV 26~9738 PERMIT NO. 2831 CHAS., WV 25301

Published by West Virginia Highlands Con~·ervancy Vol. 30, No.8- December 1997

DEAL CUT ON BLACKWATER WEST VIRGINIA DEP CALLS FOR CANYON CUTS IN POTOMAC POLLUTION By John McFerrin Poultry Growers, Farmers Would Reduce - Governor Underwood, bumped north of the river at Emissions into Six Streams in Watershed Senator Rockefeller, and one point, near Big RWl, where (excerpted from the Charleston Gazette) Appalachian Wood Products Allegheny Wood will keep have announced an exchange of ownership of one tract of land. Poultry growers and Bill Brannon. assistant land in the Blackwater Canyon A 21 0-acre tract other farmers in the Potomac chief of the DEP Office of for land "of equal value" in the on the south side of the canyon Valley would have to cut Water Resources. said much of Monongahela National Forest. from roughly the state park to pollution runoff from their the pollution reduction will As a part of the deal. Lindy Run. This area does not Appalachian Wood Products include Lindy Point, a popular frelcb hv as much as 50 percent ha' e to come from commercial under proposal um eiled pouJlr) operations. '"That v.ill exchange approximatel) O\-erlook that is included on ~ 7SO of the 3.000 11aes it owns ~~...... ~~~~a~n~~!.~p~~~.!~~ .. --~_._.._ 1 Protc:ctiPn . In three complex •·PouiO)• is impacting equal value·· in Tucker Allegheny \Vood Prod~ts streams aod Presaoa Counties which is officials said they don't plan to reports. DEP officials conceded to some degree. We don't that currently a part of the provide public access to the know how much. The Monongahela National Forest , point, which was open to the the area's growing poultry documents don't say it but public under previous owners. industry is the major producer common sense tells you it is," The deal was of manure that contaminates he said. Brannon said there· A 3 3 7 -acre tract announced at a press the South Branch and its are no current plans by DEP to on the north side of the canyon conference on Monday, tributaries. The agency called take enforcement action or along the North Fork of the December l. Because there for runoff reductions ranging move toward mandatory Blackwater. were no copies of maps or of from 36 perc-ent to more than regulation of poultry farmers. the memorandum of 50 percent along six streams Currently, the state relies on a Allegheny Wood understanding which sets out that currently contain unsafe good-faith effort by poultry Products would also turn over the deal available at the press levels of fecal coliform growers to protect the to the government its rights to conference, the details are not bacteria. The streams are the environment. Federal reports use 77 acres of land for a readily available. South Branch, Lunice Creek, power line, and to build a dam Mill Creek. North Fork, on part of the river. Although See POLLUTION on The land to be traded Anderson Run and the South the right to dam the river was page3 includes: A 128-acre strip that Fork. included in a turn of the fUllS the length of the canyon century conveyance of land in illong the north side of the river the Canyon, under present Jaw along the bottom of the it would be difficult, if not canyon. This strip has become impossible, to build a dam in Admin Asst Ad ....•...... •..•.•...... • 3 popular as a biking and hiking Enviro conf in WV .••...•...... ••.• 6 this location. The company trail and would be maintained Blackwater Canyon - Forest Roundtable .•...... •... 8 would also provide public as such by the Forest Service. need activists ...... 12 Logging, WV regs ...... 10 access from the Canaan Loop This strip is made up largely of Blackwater Canyon - Letter ...... 7 Road and to several trails that steep terrain. Because of its current status...... 1 McFerrin Column ...... 2 have been blocked off for steepness and the proximity to Calendar ...... •..•...... 12 Potomac pollution ...... 1 months. Blackwater State Park, logging Editorial ...... 4 Solid waste, interim report .....• 9 on this strip would have been See DEAL on page 3 difficult at best. The strip is Page 2 November 1997 The Highlands Voice Roster of Officers, Board Members ---- and Committee Chairs BOARD OF DIRECTORS

~tk~~tie~ PRESIDENT: John Mcfenin By John Mcferrin I 14 Beckley Ave., Beckley, WV 2580 1 252-8733 SENIOR VICE PRESIDENT: Frank Young Rt. I , Box 108, Ripley, WV 25271 372-9329 Compromise or Cave In? VICE PRESIDENT FOR STATE AFFAIRS: Norm Steenstra 1324 Virginia St E., Charleston. WV 25301 W- 346-5891 H-344-0150 VICE PRESIDENT FOR FEDERAL AFFFAIRS: Vacant Senator Rockefeller, Governor Underwood, and SECRETARY: Jacqueline A. Hallinan John Crites, President, Allegheny Wood Products, recently 1120 Swan Rd., Charleston, WV 25314 345-3718 announced a "compromise" that would, in their view at TREASURER: Tom Michael least, resolve the current controversy over Blackwater Rt. 2, Box 217. Lost Creek. WV 26385 623-3447 Canyon. In exchange for unidentified land "of equal value" PAST PRESIDEl\'T: Cindy Rank within the Monongahela National Forest, Allegheny Wood HC 78. Box 227. Rock Cave. WV 26234 924-5802 Products would convey to the Monongahela National Forest approximately 750 of the 3,000 acres it currently DIRECTORS-AT- LARGE owns in Blackwater Canyon. It also surrenders any right it (Terms expire October I 998) may have had to dam the Blackwater River and build William P. McNeel, I 118 Second Ave., Marlinton, WV 24954 799-4369 Andrew Maier, Rt I, Box 27. Hinton, WV 25952 466-3864 power lines. Mary Pill .Peck, 36 Meade St., Buckhannon, WV 2620 I 472-3049 There are two ways to look at this. Considered from Joe Marshall. I 08 3,.. St.. Elkins, WV 2624 I 636-9555 a the-glass-is-half-full (or, in this case, one quarter full) Hugh Rogers. Moon Run, Kerens, WV 26276 636-2662 perspective, it is a good start. Before this deal, none of the Canyon was In public ownership. If the deal goes through, DIRECTORS-AT-LARGE one quarter will be in public ownership. That is progress. (Terms -expire October 1997) Senator Rockefeller's comments also give reason Sayre Rodman. 32 Cl)stal Dr.. Oakmont, PA 15 139 (412) 828-8983 for hope. He explicitly said that he had instructed his staff CarroiiJca.RLI,Box2l,Sherman. WV26173 273-5247 to move as much of Blackwater Canyon into public Don Garvin. PO Box 436, Buckhannon. WV 26201 472-8716. ownership as possible. He referred to the Canyon as a Carter Zerbe. !6 Arlington Ct., ~leston, WV 2530 I 343-3 I 75 Bob Marshall, 201 Virginia St. W., Chru:lcston, WV 25302 345-5518 "recreational area." If we take these comments at face value, it appears that he recognizes the value of the ORGANIZATIONAL DIRECTORS Canyon for recreation and Utat protection of the e ntire ~_,~~~ NAi , o. \L PELEOLOGICAL <;OCIETY· Virginia Region -Judy Fisher Canyon is a worthwhile goal. PO Box 276, Berkeley Springs. WV'!6411 2~974 ~~~,~~--'i!~ie. That Senator Rockefeller is even involved is a PITISBURGH cuMBERS: Jean Rodman I "" positive step. His presence indicates that there is at least 32 Crystal Dr.• Oakmont. PI\ 15139 (412) 828-8983 somebody with the power to do something who has an WEST VIRGINIA MOUNTAIN STREAM MONITORS: Jason Huber interest in protecting Blackwater Canyon. Without him we 105 Capitol St.. Charle5ton. wv 25301 1·800-377-2878 would be left with West Virginia Division of Forestry chief BROOKS BIRD CLUB: Mary Moore Riffenburger 1 253 2 241 36 4 Bill Maxey ranting about the spreading "cancer" of public Rt. • Box • Elkins. wv 6 6 • 559 MOUNTAINEER CHAPTER TROUT UNLIMITED: Phil Rossano land ownership and Governor Underwood sitting in the Rt. 2, Box 375• Buckhannon, wv 26201 472•0942 corner muttering about private property and free WEST VIRGIN IA RIVERS COALITION: Pam Moe-Merritt enterprise while the Canyon was stripped of its trees. At 49 w. Main st., Buckhannon, wv 26201 472-0025 least Senator Rockefeller is interested in doing something. DOWNSTREAM ALLIANCE: Joan Sims Considered from a the-glass-is-three-quarters- Rt. 5. Box31

" ... Life began as, and is, a EDITORIAL continuum. The divisions propounded by various I don't fly often and when I do it is usually either cloudy or at night. philosophies and religions When I flew back from Florida last week in a morning with no clouds, polarizing mind and nature, self I got a good chance to see from the air the extent of strip mining in and other. sacred and profane, southern West Virginia. I live in the heart of coal country. but never are largely human constructs, dreamed of the extent of the destn.tction going on. My main awareness used most frequently to heretofore of coal mining in the region where I live is to contend with advance a particclar belief the many coal trucks that are on the highways. For reasons which may system. Without arbitrary either be because of chance, or purposefully, the scenes of these designation as to what does and "Corporate/government moonscapes from the road is not evident I have driven along the roads does not constitute the sacred, coUusion, endemic in OECD in coal country for years without seeing much of any of this ordinary daily rituals -tending [twenty nine of the world's destruction. But there it was as plain as day. a garden, supporting and richest countries] and spreading nurturing a family, struggling world wide, is corrupting When Penny Loeb opened my eyes with her article in the US News to lessen the woes of the world democracies and betraying and World Report, I had been shocked, and felt like I'd been duped - cari be viewed as attempts to human citizens, voters, into some degree of complacency. I was still further shocked at the light a candle on the altar of employees, and investors. sight I saw below me on the airplane. Huge sprawls like massive crab­ life and, a such, constitute Seventy per cent of Americans like aliens blotted the land surface in tans and blacks. I even had a sacred acts, individual steps in no longer trust their politicians "guide"of sorts- a former state senator and resident of Logan and the choreography of a sacred or government officials in Boone Counties was my travel companion, and he was able to attach ecology." Washington. Both Democrats labels of place and identity of the various strip mine operators as we - Nancy Jack Todd and Republicans have ~ccept~d progressed on the flight. millions of dollars in illegal corporate funds. Around the The thought provoking question keeps coming back to me over and world democracy is perverted over, "How did this outrage ever come about, and why do the citizens to serve fictitious ''persons" of West Virginia allow this to happen?!" After all, this is not the age where corP<>rate charters permit of the robber barons who used the common folk of that former time as evading liabilities and public peons to exploit them in amassing ill-gotten gain. Now we have accountability." unions who have empowered the powerless, aod amore enlightened ~~ - Hazel Henderson popclace. L-----~~~~~~~~~------~----~-.~~ ends his essay with the following statement: " ... who gains or loses in But really where are we now? Have things really changed that much? [a plan to cope with global warming] economic terms misses the Machines have taken the place of the vast majority of miners formerly point. Yes, we ought to have solutions that do not penalize work~rs hired, but other than that it appears to me that it is the same game as and families in one area while others gain. But in the long term, if we before, but the modern robber barons are much more sophisticated. do not address this issue forcefully today, we and our children and our They have a large stake in the media which they use to put out their children's children will be penalized in ways we do not even want to propaganda. They are able to buy off many politicians and workers contemplate." e who will front for them. And it is all perfectly "legal." Most of the "common folks" are too busy and too harassed with a perceived need to chase the dollar to put much attention to the reality of the destruction of our mountains. So the earth rapers continue with impunity. Where will it all end? There will be the usual destruction left for those who live here to live with it. Instead of leaving huge gaping holes in the earth as in the past, there will be a lot of mostly cosmetic treatment called reclamation. West Virginians will not only be no better off on average, but many will be worse off. Our growing tourist industry will be blighted, at least in these southern mountains. The fat cats will be long gone with many millions of dollars and will not give a hoot about what they have done in the pursuit of that money.

There was one ray of hope which I encountered on my flight. I read an essay by Stephen M. Wolf, the CEO of US Airways, which was very pleasantly surprising to me. I could have written this article myself for its thought and content. He, like any informed, intelligent person, expressed a deep concern about C02 emissions, and was advocating competent leadership (looky here, Bill Clinton!) and immediate action Valley fill at White Oak in i'taleigh County. This is about to head off global warming. Here is a leader of a large corporation, eight miles as the crow flies from Bill Reed's abode whose base of operations is currently dependent on fossil fuels to fly (photo courtesy of Penny Loeb and the US News and World Report) the airliners, yet one who has the guts to come out with the only attitude that makes sense in terms of the scientific reality. Mr. Wolf The Highlands Voice December 1997 PageS

MCFERRIN from page 2

It is a pitiful excuse for a compromise because it conference announcing the deal. If for no other reason doesn't do much. Under the "compromise" the land than efficiency in government, he should favor protecting between the current rail trail and the Blackwater River will it. Otherwise, he will have to set hundreds of state workers be safe from logging. That land is so steep and so visible to work whiting out the pictures of Lindy Point from the to the public that logging it would have been an state tourism brochures. We can't very well send such environmental and public relations disaster. Deal or no brochures all over the country, inviting people to come to deal it is unlikely that it ever would have been logged. West Virginia for the view, and then tell them when they get Most of the land involved in the deal is extremely here they can't see it. Talk about false advertising. . steep and difficult to get to. It would have been the most Governor Underwood did go out of his way to praase difficult to log. Deal or no deal, logging is unlikely. John Crites, president of Allegheny Wood Products, for "a Under current law, there is almost no chance that willingness to put the public good ahead of his company's Allegheny Wood Products could ever have gotten approval private interests." . It's difficult to see how making a trade to dam the BI\Jckwater River. That may have been a that is at either even or a giant public giveaway to possibility at the turn of the century when a deed to land in Allegheny Wood Products is putting "the public good the Canyon mentioned the right to dam the river. It is not a ahead of his company's private interests." possibility today. Dealing it away means nothing. On the question of Blackwater Canyon, Senator Without a dam to generate electricity, there is no Rockefeller is right about some things and wrong about point in building power lines. Dealing away the right to others. He is right that we need to do something about build power lines means nothing. Blackwater Canyon. We can'tjust sit still and let the Neither does the deal restore public access to Lindy shining example of the best of West Virginia be destroyed. Point. Lindy Point is featured on all the state tourism It should be, to use Senator Rockefeller's words, a brochures. It is the destination for a huge majority of the "recreation area." If this is a first step toward that goal, mountain bikers who come to the Blackwater Canyon to then it is a useful first step. ride. Before Allegheny Wood Products bought the Canyon, He is wrong if he assumes that this controversy is it had always been accessible to the public. Now it is not. over. The only appropriate solution to this problem is The "compromise" does nothing to secure public access to public ownership of the entire Canyon. The money is Lindy Point Neither does it do anything to interfere with available to ~ke the entire Canyon part of the. National -~.;;;;...... ;:;..--~ the building of vacation homes in the C&JI~on. . f1ot est ~orfey ts available to make it a "recreation l~;,...;,;...... :._~~~~pelefflN~W'l!m~~ra~:-: wetrare lies in the land to area." Preservation of the entire Canyon is possible. This · be swapped. If Allegheny Wood Products is a sufficiently controversy will not be over until we do what Senator shrewd negotiator, it can pe,..uade the government that Rockefeller says he wants: preserve as much of the the rights to build a dam and construct power lines Canyon as possible. Since preservati~n of the entire . actually have some value. If it can do that, then it can trade Canyon is possible, this controversy wall not be over until those rights for land of "equal value" in the Monongahela that is done. e National Forest. If it can pull this off, Allegheny Wood Products will have managed to trade "rights" it would and could never exercise, rights which are worthless, for ROUNDTABLE valuable timber land in the National Forest. In other concl. f r. Page 11 words, Allegheny Wood Products could get something for nothing, a prospect which so riles big business when the Managed Timberland Bill must recipient is a single mother down on her luck. encourage good stewardship for If it can manage to persuade the negotiators that the the 70% of WV forests in proper way to value land is to count the board feet of private/non industrial hands. timber on that land, Allegheny Wood Products could make Rights and responsibilities out like a bandit. The land contained in the proposed deal should be made clear; and with contains a lot of big trees; these contain a lot of board feet education, to all. This should of lumber. They are also in areas that are steep, easily be integrated with watershed visibfe to the public, and thus expensive to cut. associations and similar relat~ If Allegheny Wood Products is able to confine the pieces of the forest puzZle. negotiations with the National Forest Service to a discussion of board feet, it may be able to exchange its big There you have one view of but inaccessible and expensive to cut trees in Blackwater our conference. What emerged Canyon for big but accessible and easy to cut trees from it is inconclusive. It is a elsewhere. This translates into a more profit for Allegheny beginning of the journey Wood Products, a welfare grant that makes President toward a stewardship of our Reagan's "welfare queens" look like pikers. forests. We welcome more Governor Underwood hasn't had much to say about citizens to join us in seeking Blackwater Canyon. He didn't attend the press more informed opinions and principles we can agree on­ the common ground. e rage6 December 1997 The Highlands Voice

WEST VIRGINIA CONFERENCE ON mE ENVIRONMENT- 1997. By Don Gasper

This annual get together of diverse stakehqlders to try to smog. This was reinforced by a Chief, asks how can WV have business and industry, communicate. The fine talk by the National Clean long been in compliance (as the environmentaUy concerned environmental community Air Network. Just as surely we 6 stations show) if WV is just citizens and their groups, and should also recognize this as an were convinced this was downwind of all the air the reguJating agencies was important opportunity and necessary and the thing to do, pollution sources along the held again in Charleston - as it support it by paying the WV DEP Air Chief informed Ohio River, these sources using bas for ten or more years. entrance fee when able to, but us WV was going to protest it. the river water as a coolant and Generally nearly 100 attend. surely by a~ending. There is WV was going to fight to barge coal supplies on? It is This October 23 the main topic always a grand opportunity for improved air quality! He puzzling. Could WV's was the new air quality questioning real experts, and claimed WV air was good monitoring stations be in error? regulations - though general traditionally the Director enough! (A citizen spoke up Can tall smoke stacks drop air compliance procedures with all (ONR/DEP) has attended the saying she had to increase her pollution past WV on kinds of discharges, and federal early evening snacks and medicine whenever she came to eastward? The ozone transport and state assistance, to conversation/questioning the Kanawha Valley - and study (OTAG) showed some particularly new and small period that ends this important others were not convinced pollutants sometimes travel500 business, was on the program. conference. It is important that _ about the good quality of miles. He suggests the states Pollution prevention assistance you are there; look for it next WV air.) It seems WV further east are not effected by opportunities were presented, year. monitors 6 sites, most in the WV's emissions, but it is their and the limits of self-audit Kanawha Valley and all these own. The facts remain the (secrecy) of industry The Charleston Gazette that show compliance with the old ozone transport study tracks monitoring programs was very morning carried a front standards. With the new, many WV plumes into these discussed by E.P .A. page article on the E.P.A.'s perhaps 10 counties would be states, and that WV has bad to more stringent Air Quality out of compliance - this means clean-up very little to date. Our The Charleston Chamber of Standards and the clean-up that now in 10 WV counties, state is the source of twice as Commerce chaired the day- required of W.Va. The Region 16,000 asthmatics are not much Nitrogen Oxide long meeting; and it has been ~~ ill E.P.A. Air Quality Chief getting the protection they emissions per capita as any heavily supported by the was there, with an expert who need. lbis would require WV other state. Our power bills are Chemical and Coal Industries talked to the group, justifying to reduce nitrogen emissions by among the cheapest in the but always with a fair the cleanup, and W.Va.'s share 40% from mostly coal-burning nation. It may cost $5 or even representation of environmental of it. In aU, 22 Eastern states , electric power plants. Several $1 0 a month per home more on interests on the steering were asked to clean up. This other states also need to reduce our electric bill to do it. The committee that chooses the was a logical progression upon such emissions, and four other clean-up proposed has benefits topics which vary from year to the completion of an ozone states are protesting also. year. The agencies support it study in the Eastern U.S. See WVCE on page 7 as a once a year opportunity for Ozone is commonly called John Johnston, the WV Air

(Senator Wooton and Delegate implemented a referendum The presence of voters, WASTE from page 9 Staton) should hear from you, such as ours has had it struck especially with elections also. down in cowt. It may take coming up, is always helpful. It will require a lot of input special effort on our part to Ifyou have any questions or from citizens concerned with I have heard that D EP convince the legislature to stick comments, please contact me in saving our laws to offset this submitted language to this bill with the referendum and not any of the following ways: lobbying pressure. If any of that would have allowed drop it as a lost cause. We have Phone and fax (304) 655-8651; your legislators are on this facilities to "stack" permits so no chance of saving it on E-mail, interim committee, let them that a facility could landfill appeal if it is repealed before it T [email protected]; know what you think they 30,000 tons per month and gets to the appellate court. address, HC 75, Box 324, should do. If you like the compost 30,000 tons of sludge per month, for a total tonnage Chloe, WV 25235. e approach represented by this The next interim committee of 60,000 tons per month. I also bill, congratulate them and ask meetings are December 14-J 6. heard that the DEP may them to resist attempts to load The bill will be revised some the bill up with special interest introduce its own bill this session. more by then, and the amendments and/or committee may vote on it then. amendments that would If not, it will be voted on at the I have also heard from a couple remove caps, local control, the ' January interims. It would be CON, and controls on sludge. of legislators that are attorneys that the referendum could be very helpful if concerned Even if they are not yours, the citizens attended these last two hard to save. Supposedly ev~ry chairmen of the Senate and interim committee meetings. House Judiciary committees other state that has The Highlands Voice December 1997 Page7

"To make plane flights WVCE from page 6 Letter to the Editor "Economists who argue that it acceptably safe, we give will be difficult or expensive to constant attention to improving find alternatives to fossil fuels over $40 for every $1 spent. Editor airframe design, upgrading air For 20 years American The Highlands Voice - and that we should delay the traffic control, training pilots transition - are beset with a Citizens, responding to Harris and prohibiting them from Polls, have said the will pay to I noted in the October pessimism that is out of place drinking while flying, and in today's world. Just as clean up our air and protect our '97 issue of"The Voice" that augmenting manual controls environment. It will reduce our apparently a significant computers supplanted with radar, etc. Yet~ we have typewriters and slide rules, so Acid Rain, which is the greatest number of Conservancy not been requiring e{}uivalent in the nation. members are now invoking can new energy technologies protections against phenomena make today's energy systems Christian rituals and language so powerful that they pose The Power Industry does not to express themselves at look primitive and mountings risks of flooding uneconomical. The result believe W.Va. citizens and Conservancy gatherings. I am coastal cities, destroying crops, businesses are willing to pay an Ex-Christian, a Secular could be a new era of micro­ spreading plague, or even energy systems that are more. The WV Chamber of Humanist, a father of eight bringing a new lee Age to Commerce spokesman also had children, a philosopher, virtually pollution-free." Europe." World Watch Editorial, N/D 97 a chance to speak - to say they musician, social critic and -Ed Ayres were going to help the WV much more. DEP Air Office fight this improvement in air quality. He I believe it unfairly noted the superb ozone inappropriate, counter­ transport study (OTAG) only productive and rude for people used 10 days to model their to interject personal religion recommendations on - into the affairs of a secular implying a poor read on the association. Surely, the West science. He did mislead some Virginia Highlands !l::i \ in the audience; but this is good Conservancy is neutral in science, and if they needed matters of religion and more days, they would have personal taste. Therefore, 1• ~~ modeled more. Impartial members whe wish to remain 13. Spruce pioe. 14. Eascrm hemlock. 15. Red spruce. 16. White spruce. scientists would not question it in good standing ought to -- the EPA did not - and used it. refrain from gratuitously WV with poor air quality is as assuming that other members much a victim as it is a source share their conviction that the of the local god as part of their about "doing the Lord's of this air pollutant. WV must rituals such as business Conservancy is doing the work. " I know he works very play its part in the beginnings meetings or fund raisers. I Lord's work. (an invidious hardfor little compensation of.this badly needed choice of words on page 18 of regard this as thoughtless, because he feels strongly that comprehensive clean-up of the the November issue of "The careless and anti-democratic. what he is doing is essential air in the·Eastern U.S. Voice"). for the good ofthe human Ariel DeForest Robinson The "Highlands Voice" last species, for the sustaining of I further wish to note Hardy County biodiversity and the overall month carried a letter from our that some of the language in November 11, 1997 caring for the planet. So it U.S. Senators to the EPA "The Voice" is inflammatory, asking that the new standards would be easy, I would think, hyperbolic and unwise. This We welcome your opinion and to use a metaphor of"the that would impact our air be history of super-heated rhetoric your letter. You are quite Lord's work" to convey the withdrawn. The EPA. with correct to characterize the encourages the expression of idea that our environmental many compromises, exceptions privately held beliefs from West Virginia Highlands work is good and necessary. and delays did keep the new people who have agendas other Conservancy as a secular standards. Now they have than the one at hand. This organization. Also you were On the other hand, we do have apportioned a large, but fair, practice of converting a secular very clear as to what you found some quite religious members part of the clean-up to WV. association into a religious offensive in Norm Steenstra 's (as we have ··secular. This is what the WV Air congregation will vitiate the article. However, you were not humanists " members). So · Agency is now protesting; it is purpose of the Conservancy, clear about what language you perhaps Norm was not wisely, however, proceeding to membership will likely decline found "inflammatory, speaking metaphorically after make a plan for EPA on how and credibility will be hyberbolic and unwise. " all! Only he can an.sWer that. WV will accomplish its damaged. We welcome the "biodiversity" Nitrogen emission clean-up. Members ofthe West Virginia ofpeople who are concerned (Next moqth "The Highlands I have noted that in this Highlands Conservancy come about the degradation ofthe Voice" may carry the address region of the United States in all shapes and sizes. I am of The National Clean-Air many organizations with a speaking metaphoric~l!y, of planet~ Network executive who spoke secular charter fail to resist the course, just as I think Norm at this meeting.) e temptation to invoke the name was speaking metaphorically PageS December 1997 The Highlands Voice

A WEST VIRGINIA FOREST ROUNDTABLE ~ Reported by Don Gasper

Just prior to, and in from her experience in the WV but did not make the list. based'), is needed. It was noted preparation for, the historic Legislature and the many study (Next, the phrases in quotes are that there is "increased "Seventh American Forest commissions she has served on. exact wording taken from competition for forest Congress" about two years ago, She characterized this as a consensus notes and those in resources," and this will West Virginia had its first WV journey. Learning deals Jess parentheses are explanatory.) continue - more use/demands Forest Roundtable. The 50 with right and wrong, and on a finite resource. "Can attendees produced a Vision for should not end with winning The biggest problem Forest Products Industries WV forests and some and losing, but it is multi- identified was "education" or coexist with tourism?" How principles for achieving it. faceted. It requires listening information. The group judged great should be "harvest From this Congress, hopefully, and communication, to achieve the "public knowledge of forest restrictions on public land"? there may be some momentum a clearer vision and broader management concepts" was "Is the present harvest rate sustainable for forest values to again bring together principles that may be deeper low. There was a need to "raise divergent views and values, to and more commonly shared. the level of information and (recreation), forest products, wildlife (habitat)"? Again, talk together, and to reach some Facts and "good science" are understanding of principles and forest health - "Protect common ground. West needed. She characterized the goals (of forestry) among Virginia just had it's second day to follow as a continuing landowners, the public, and Roundtable, November 12, ~alogue to identify issues, rank policy makers".* Policy should • Professionals could have 1997. the~ and develop action only be what is necessary and it been added to this list of who strategies. Everyone will have should be "responsive to needed more information and The 75 or so participants a chance to have their say. current data". "It should be understanding. Research was represented every user of the Speak as individuals. Listen, science-based" as should mentioned by a few, but it did forest - consumptive or not. respond. be fair, and help make management, etc., to "establish not make this list. The hope was to gather a sub- this a day of progress for West credibility for natural resource Professionals seemed to know set of stakeholders. A great Virginia Forests. professionals". Needed most is it all, never realizing that there effort was made to be inclusive. "out-reach" providing "factual" is much they do not know and 1bere were: farmer/woodlot The mixed group seated for infoi"'D88iool to be sure the that much is unknowable. A owners (some with strong her talk just counted off up to "public gets the true forest little humility, and a landowner rights concerns), 9. The 1's gathered at table story".** The "quality of the conservative cautious back-packers, bird watchers number one, etc. Thus the mix forest after logging" (may be management is warranted. and bird hunters, some smaller got mixed again. There were 8 improved). "Private timber operators, anglers or 9 then at each table. The landowners lack of knowledge •• Out-reach seems to be more ("Trout Unlimited" was there), same group met again at that about forest management 11 of a public relations effort here. Nature Conservancy, Industrial table in the afternoon. options • (Public perceptions, The term "factual information" Forestry, WV Highlands or misconceptions causing Conservancy, Mountain Bikers, Through the Roundtable unfounded concern - was is often used in these ten (the lobbyist for 4 Wheelers process and attendees' efforts, viewed as a general educational problem statements. was invited), forestry and the top-ten issues or problems problem.)*** natural history professors, were identified and prioritized. *** Is citizen concern youth, agency professionals The attempt is made here to unfounded? Can professionals be trusted? (US Forest Service, WV fairly report the product; only "Forest health and Department of Natural the foot-notes are personal sustainability" was a group of """- growing timber from insects Resources, US Natural comments. concerns considered perhaps and disease, fire and deer." Resources Conservation second most important. Under "Deer browsing is preventing Service, WV Department of Public education was "forest health" was mentioned tree regeneration" (and Environmental Protection and thought to be first. Forest "integrity of water, air and bio- reducing deer carrying capacity others represented), developers health and sustainability were diversity". "The quality of the all the time). (DNR- Game and planners with private and next. Jobs, private property forest after harvest" could be programs are perhaps too "community" concerns. Many rights and taxes were next. mentioned again here. "Forest successful with deer and voices, each speaking for only Then came two about public protection" was noted, as was turkey.) We need information themselves, with little concerns about harvest and the "many views of (assessments) and identification and then more sustainability, biodiversity and sustainability". ("Is the present "monitoring". equality, were present, aJJ with old growth. Last of the top ten harvest rate sustainable?" is a concern for the forest. dealt with landowners needing noted undei the next heading.) more information on forest See ROUNDTABLE To start with, the Honorable management options. There "Management" which is Vickie Douglas gave us some were other problems; some that "multiple use and science- on page 11 observations on negotiations may have been more important, L The Highlands Voice December 1997 Page9

Interim Committee Report on Solid Waste (November 16-18, 1997) By Tom Degen

You may remember that at the Sunday the 16th I went 4own to being landfilled, 25% of that unaware of any health end of the October interim Charleston and met with (1,750 tons) can be sewage problems associated with that committee, a motion was made several legislators, met with the sludge. The assessment fees are facility. Ms. Pauley apologized instructing staff to work with staff briefly and got a copy o( still levied on sewage sludge at and said she meant "potential" the various stakeholders on the draft bill. There is solid waste facilities, but have health problems. Then Senator what changes should be made apparently more support from also been imposed upon sludge Bowman asked if there was to the solid waste law to the interim committee for retained for more than thirty anything in the bill that would _.. address Judge Stamp's ruling. protecting the solid waste law days by publicly owned jeopardize Mascaro's Two such meetings were held. than there is from the indust:Iy treatment works. For sewage investment in that facility. The lobbies, because the draft bill sludge received or retained for answer was that the changes At the first one, the two staff was limited to just the composting, the fees have been were made so that all facilities attorneys, Rita Pauley and Joe constitutional fix. There was a cut in half. The fees are processing sludge were treated Altizer, started out by saying provision in it that changed the doubled if a facility exceeds its the same. that they were looking to bonding requirements for sludge limits; implement the strategy of landfills, which had nothing to Senator Ross wanted to know removing the local preference do with the lawsuit, but it was • The certificate of site why only two facilities in the language from the law in order needed for the state to get approval, and the siting and state were incinerating sewage to preserve the rest of it, most primacy of the solid waste comprehensive plans are left sludge. He seemed to think that notably the tonnage caps, the program from EPA, and intact, with local preference incineration of sludge was the CON, the sludge statute, and nobody objected to it. language removed; and way to go, and requested that the local control provisions. To language be put into the bill that end they wanted a general The major provisions of the bill • The special referendum for that encouraged incineration of consensus from the group that are: McDowell County is repealed, sludge. Senator Deem they would agree to that since that is over and done. The expressed agreement with strategy and not load the bill up • The objectionable findings three partS of the Senator Ross. with all their individual special and the langUage that gave referendum-one for new Class interest amendments. The idea local waste preference over A facilitie~ one for C~ B Senator DeenLasked that Rex was to wait until ilext year for other waste are removed; expansion to Class A levels. Burford, an attorney with the the individual special interest and one for a Class A wanting Attorney General's office, be amendments. They did not get • The tonnage caps are left to exp~d by more than ten allowed to answer questions a consensus. Leff Moore intact at the same levels. and percent, are made the same, in from the committee. Mr. probably summed it up for the the Class A and B definitions that the referendum is to be a Burford had worked on the industry perspective when he are left intact; petitioned referendum in all · nuisance suit against Mascaro's said something to the effect three cases. There are Brooke County facility, so the that he dido 't care about state * The Certificate of Need is provisions added that require questions and answers revolved policy if he couldn't get his left intact after removing local the county commission to around sludge and that facility. piece of the pie. That meeting preference language; publish a legal advertisement During the course of the ended With a request from staff that explains the pros and cons questions and answers, Mr. that people get their ideas in * The sewage sludge statute is of the proposal. with the Burford suggested that there be about how to fix the changed so that a limit of3,000 requirement that the applicant a definition of "fmished constitutionality, and also to tons a month was placed upon approve of the pro description. compost." The lack of such a submit what other solid waste facilities that composted definition was a contributing issues they were interested in. sewage sludge. That limit is It was made clear to the factor to difficulties in NOT in addition to the tonnage committee that the bill is still a enforcing portions of the sludge The second of those meetings cap. A landfill that landfills work in progress, especially the Law and rule. was last Thursday. I had sludge can still take 25% of its sludge provisions, and that it another previously scheduled waste stream as sludge. That is will be further refined. Generally, I am pleased with an existing requirement that is meeting I attended, but Pat Some of the questions and this bill, but I am quite certain in the rules, but it was put into Barker from the Kanawha answers were interesting: that many others, including County Solid Waste Authority the Code in this bill. For landfill operators, haulers, and example, if a solid waste went for me, and reported back Senator Bowman, taking anyone else not interested in that it was about as productive facility with a cap of 10,000 exception to Ms. Pauley's preserving the constitutionality tons per month wants to as the first meeting. But the characterization that there were of the law, are not happy with compost 3,000 tons per month staff did say that they were health problems associated it. They will be making their of sludge, they can only take drafting a bill for Monday's with Mascaro's Brooke County views known to the legislature. 7,000 tons per month of other interim meeting, and that sludge facility (temporarily types of solid waste. Of that people should get their ideas in shut down by court order See WASTE on page 6 7,000 tons per month that is if they hadn't. because of odors), said he was Page 10 December 1997 The Highlands Voice

Regulating Logging in West Virginia.... or Not? By Jim Sconyers

West Virginia BMPs BMPs. Only one certified logger The Logging Sediment Control Since the Act became effective in Here's an example. BMPs state is required at a logging operation. September 1992: that haul roads should follow less Act became law in West Virginia The certified logger must show in 1992. Growing out of chronic than 10% grade. Steeper grades, up every day, but isn't required to • 15,500 logging job still less than 15%, are abuses of the environment, the stay on-site. Logger certification law specifically targets soil notifications have been permissible for distances of less is good for three years with filed. than 200 feet. erosion and water siltation caused payment of an annual $50 fee. • by timbering operations. Under 3026 complaints were made, including those Suppose you know of a timber this law a set of Best Enforcement Management Practices, or BMPs, by the Office of Water job that doesn't observe these Action by the Division of Resources. requirements. Let's say there are has been adopted for use by the Forestry is triggered when West Virginia Division of • 1600 "compliance 20% grades. Is this a violation? "failure to use a particular best checks" were made at Is the operator going to be Forestry. The BMPs are management practice is causing expressed as Guidelines covering: random by the Division required to make changes? or contributing, or has the of Forestry. • stream filter strips potential to cause or contribute, to • haul roads • 1800 compliance orders Probably not, unless significant, soil erosion or water pollution ... '' have been issued. visible siltation is occurring. • skid roads Furthermore, in more egregious • log landings • 760 suspension orders Why? Because of two things. circumstances where logging (halting the operation) First, there is a violation only ~ seeding for erosion practices are sufficient to "result control have been made. when erosion and siltation follow in U.ncorrectable soil erosion or • 32 operator licenses or from failure to use theBMP. So • water bars water pollution ... " immediate logger certifications the objective numerical measure • culverts action can be ordered. • drainage dips have been suspended (less than 15%) isn't enforceable. for 30 to 90 days. Only the consequence, a muddy In the usual case, a compliance • 2 licenses or certifications stream, is enforceable. But even A committee reviews BMPs once order is written which will state have been revoked (can then enforcement isn't certain. every three years. At that time what must be done to return to new practices can be added or old be renewed after one Operators may be using other compliance. Correction is to be year). practices that mitigate the on~s dropped. The committee of done within a maximum of ten seven includes by law "a excessive grade. and that may days. In the more extreme case The Division of Forestry, like satisfy Division of Forestry representative of an mentioned above, immediate environmentally active most regulatory agencies, is personnel. In other words, there suspension of the operation can appear to be no .absolutes when it organization." That position is understaffed for the enforcement be ordered. comes to BMPs. currently held by a former job. Complaints are responded e to. Random checks (see above) Jim Sconyers is the Chair ofthe president of the lzaak Walton Repeated violations (twice within League. were used for a year or so. But West Virginia Chapter ofthe two years) can result in the the fact of the matter is that many Sie"a Club. suspension of an operator's timber jobs are never visited or So-called best management license or a logger's certification. practices are narrowly focused. inspected. They are solely intended to Enforcement action is frequently A Division of Forestry goal for prevent stream sedimentation. the result of a complaint by They do not address any other the near-term future is to visit someone who notices that a every timber operator. A kind of negative environmental stream appears "muddy." There impact from logging. BMPs longer-range goal is to visit each are no objective quantitative actual timberingjob. apply to all logging in the state, standards, or measurable whether on private, state, or chemical or physical parameters, federal land. Voluntary or Mandatory? to apply. It depends on who you ask! Ask a Division ofForestry manager, Licensing and Certification The Record Timber operators are required to and the answer will be yes. What The law mandated, for the frrst do they mean? be licensed by the WV Division time, that all timbering operations of Forestry. This requires paying must file a notification. At least, Ask environmental activists and a $50 fee and being registered the Division of Forestry is the answer may be no. What do with the WV Department of Tax supposed to know who is logging they mean? and Revenue. where. Logger certification by the Division of Forestry requires taking workshop-Jike courses in logging safely, first aid, and • .:- The Hi;hJands Voice December 1997 Pa;e 11

ROUNDTABLE frompage8 "Regulations" were also during the next year or so. there. There should be a Thus ended the Second West As noted above. another table chose "lack of public "Lack of public input" was ''responsible regulation of Virginia Forest Roundtable, input." Their suggestions were also identified as a major timber harvest". Like "policy" with a steering committee (a to have a conference without problem. "Public interest is noted earlier, they should be mixed group of about 20) to bias in its design and high", as indicated by concerns "needed, current and science- facilitate work groups, etc.* sponsorship, and to minimize about "old-growth, bio- based". * You can get on a work group the information spin. This diversity", etc. "There is a lack or the steering committee, or "Forest Forum" would produce of forums for dialogue for These items are included. in get more information as it "good science" information for multiple perspectives" (like this the list of 10 priori tv issues becomes available by a Governor's Forest Review Roundtable). Again, all which was the product of the requesting it from Gordon Commission(also fairly recognize "science-based morning. These statements Stuart, USFS - retired, 36 constituted) who would ... information" should reduce were hastily prepared and it Eastgate Dr., Morgantown, WV produce a WV Forest Plan with conflicts after this information was distributed to all at l P.M. 26505- 8405. You will full and fair public involvement has a chance to become as a working guide. These probably be invited to attend for only with broad stake assimilated. were the top ten, but many the next roundtable, probably important issues and good in another two years. holder involvement would a "Private property rights" and phrasing did not make this list plan be accepted. Pennsylvania the conflict with public rights There is over-lap. It lacks and Vermont have now a forest (or the individual and the There follows some clarity. Everyone there came plan. However, as note4 community) must both be solutions - starting with a with their own perspectives, beautifidsoundingoneon above, such a plan was not respected) . .(The above multi- did not hear or participate in sustainability from one table. supported by this Roundtable - use does not apply to private every discussion, and would "Sustainability" meant many only 1/3 of the 75 voted green, Land.) The landowner should interpret this list somewhat things, but most clearly what or go; many were cautious, feel and practice "stewardship" voting yellow, It needed more differently. "WV forests were, are, and on the land and must not cause might be.'' They considered discussion than we had time off-site impacts, eg. "stream Never-the-less the "sustainability" to refer for, and this was noted. pollution." afternoon's challenge was to go primarily to biodiversity. Landowner rights were of back to "the Roundtable" Indicating some urgency, they "lobs" were in the top-ten group, pick a"topic" problem suggested the Governor appoint interest to one table (Recall list, and it was noted 'that many or interest and develop a commission with a report due these participants had mixed more jobs would be created if oluti.ons, and pick:. the top priorities.) This group "our forest resowees" were a.nwu;y l929~ .(Perhaps. the.. three. Some of the top-three Roundtable should ask him.) suggested Tan owner made into products "in-state ... solutions reported to the entire This was suggested by another (not present legal disincentives) (Value-added industries are were needed. Changing the tax needed). "Control of WV group at the end were inspir- table considering "Public ational. As to the "action" at Input" prior to WV preparing a laws was suggested. A forests" must remain "in-state." the end of the day, participants State Forest Plan. A "Plan" (The influence on local . were simply invited to identify itself was not considered broad ROUNDTABLE ~ommunity development is Important.) a top-1 0 problem they wanted enough for discussion and was cone/. on page 5 to work on with a work group voted down. t·------· lola die Wilt \'irPiia Ri&N... Ca••"'.-cJ 1 -1 c ·I I 'L trar rJ • .,..•••1 p--a..~ I I 1 ' •• r ., .s u 0 I ••, l5 S25 •• I MembcnhipBmefill I .An•d• • ,. •• I 0 I lwt•' I " •• - I I ..,._ · •• • • 1 • 1 year suhsaiptioD to tbe Hiplends_\bice

) ·~ I 1 t IF - - - 1 I NIIDO: 1 • Special mwaip with wrxbbops ad speakers : I . AdeNa: I • Reprelt"hdioadJroush WVHC efForts to IDOJlito.r JegisllfM and I ----:------~~-1 . . . I CityiStlte/Zip: . I" lpDC)' ICti.Vity I ------~----· · ~ WVHC, atlgC 29, is tbe oldest environm~ group in West I Make c:hedr;s payable to: West v~ HigbJands CoDserva~M;y 1 VIIJIDIL The Conservancy bu been influeutiaJ in protecti•as and I Mail to: P.O. Box 306, Charleston. wv 25321 1 preserving WV's natural herifaae. Your support will help WVHC to I 1 continue its efForts. . ·------· Page 12 December 1997 The Highlands Voice

A CALL TO ACTION . From John McFerrin Monongahela National Forest Hiking Guide

Although the West Blackwater Canyon to the Virginia Highlands National Forest Service. Mr. The ·Monongahela National Forest Hiking Guide , 6th edition, is bigger Conservancy recognizes the Crites has said publicly that and better than ever, with 368 pages, 96 pages of maps, 49 photographs, 177 efforts of Senator Rockefeller West Virginia has been the trails totalling 812 miles, and a full color cover. West Virginia Highlands to address the threat to "land of opportunity" for him Conservancy is the publisher. Authors are Allen de Hart and Bruce Stmdquist Blackwater Canyon and and his family and that he (same as edition 5). Allen has hiked all the trails of the Monongahela N.F. appreciates the first steps taken, wants to "do the right thing.'' over the past few years. Bruce was the editor for the first four editions. The hiking community and the U.S. Forest Service provided trail reports and the land swap proposed is not The right thing is to sell the photographs. The Guide also provides information for ski-touring and back­ an adequate solution. In order entire Canyon to the Forest packing. to move toward a good solution Service. Because the holidays to this controversy, the The growing throngs of visitors and the public at large regard the are upon us, a Christmas card Monongahela National Forest as a 'Special Place' And indeed it is. The Conservancy is taking the to Mr Crites asking him to ''do following steps: hiking, backpackiilg, and ski-touring opportunities it provides are among the the right thing" would be best in the eastern U.S. The more outstanding areas' are becoming known far appropriate. --Organizing a press and wide- Otter Creek Wilderness, Dolly Sods· Wilderness, Flatrock Plains, Roaring ~lllins, Blackwalcr Canyon, Spruce Knob, North Fork Motmtain, conference scheduled for Shaver's Mountain, Laurel Fork Wilderness, Cranbmy Back Cotmtty, Tuesday, December 8, at 1 :30 John W. Crites Cranbeny Wildcmcss. among others. in Charleston. In conjunction 46 Point Drive Petersburg, WV 26847 Profits fran the sale of these guides support a wide variety of worthy , with the other concerned . eUviroomcmal projects in tbe West Virginia Highlands Conservancy. groups, the Conservancy wtll (304) 257-1082 To order your copy of Edition 6 ofMooongahela National Forest Hiking provide additional information Guide, scad $12.95 (this iDcludcs $3.00 first class shipping) to about the proposed Blackwater --Produce and sponsor a West Virginia Highlands Cooservancy Canyon land swap and call for series of radio advertisements POBox306 action to protect the Canyon. explaining the deficiencies of Charleston, WV 25321 the proposed deal and urging --Asking that that the entire Canyon be Conservancy members as well protected. These I have incluckd a _ c:bcck or_ DJODCY order for the amotmt of ac; all other interested persons advertisements will air $ to WVHC tor _copies of the Monoogahela National Forest write or call Senator beginning.in mid to late Hiking Guide. Rockefeller and Governor December. e ----·· Underwood to thank them for N~:--~------their efforts so far and to Address: ______remind them that this Fund Raiser a controversy will not be Success City, State, Zip: resolved until all of Blackwater The West Virginia Canyon is in public ownership. Highlands Conservancy Fund Raiser, held at the ·•suburbia is the developer bulldozes out the trees, and names the streets after Hon. John D. Rockefeller, IV Empty Glass in Charleston when 109 Hart Building them." on November 19 to support - Bill Vaughn Washington, DC 20510 efforts to save the (202) 224-6472 Blackwater Canyon, was termed a success by [Editor's note: toll free number President, John McFerrin. for the U. S. Capitol is 1-888- On behalf of the WVHC, 723-5246. Through this you he extends thanks to all can be connected to any office1 those volunteers and participants who helped to Hon. Cecil Underwood make it a success State Capitol Complex e Charleston, WV. 25305 • [email protected] (304) 558-2000 January 14-Legislative session begins March 14-Legislative session ends January 17- WVHC Winter Board meeting, --Asking that March 14- WVEC meets at CAG office time and place to be announced ,. Conservancy members as well May 15-17- WVHC Spring Review February 21- Coldwater Conservation as other interested persons July 11- WVHC Summer Board Workshop, Penn State Conference write John Crites, President, meeting, time and place to be Center Hotel, call Ed Bellis at Allegheny Wood Products, to announced (814) 364-1548/or details ask that he sell aU of October 9-11- WVHC Fall Review