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September 1, 2009: NRCS has applied for the federal 404 permit for the construction of the proposed Lower Cove dam. Click here to see the public notice sent out by the Army Corp of Engineers.

It is extremely important that this permit be denied. Please write or email the Army Corps of Engineers and request that they deny the permit for this project. Click here for the addresses. DEADLINE IS SEPTEMBER 16, 2009.

Please Click Here to view the contact information for contacting the Army Corps of Engineers to email or send a snail-mail.



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August 28, 2009: The second Final Environmental Impact Statement has been released for the proposed Lower Cove dam. You can view the document at: http://www.wv.nrcs.usda.gov/programs/watershed/lost/lostEIS/lost_riverEIS.html
If you sent comments, the responses are included in the document.
If the responses you received are inadequate, you need to email Bill Odonnell at NRCS ( bill.odonnell@wv.usda.gov ) before the end of September to let him know you are dissatisfied.



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April 1, 2009: Less than 6 weeks after withdrawing the decision to build the Lower Cove dam and stating appropriate environmental analysis would have to be completed, NRCS has already sent out another draft of the Environmental Impact Statement (EIS).

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February 2009: The USDA-NRCS has withdrawn its official Record of Decision for Lower Cove dam. In the late fall of 2008, a federal lawsuit was filed by landowners alleging violations in the NEPA (environmental) process. Before making it to federal court, the decision to build the dam was withdrawn. NRCS stated in their public letter that if they should choose to proceed with the project they would have to complete an appropriate environmental analysis.

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The Potomac Valley Conservation District has applied for a WV 401 water quality certification for the Lower Cove dam. This certificate is required under the Federal Clean Water Act. It is to ensure that a project does not violate the state’s water quality standards. The public may comment regarding whether the certificate should be granted or denied. (If the certificate is denied, it could help stop the construction of this dam.) Citizens can also request a public hearing.
Comments are due February 28, 2009 to:

WVDEP
Division of Water and Waste Management
401 Certification Program
601 57th Street SE
Charleston, WV 25304


Please send comments and ask that the 401-certificate be denied.

The WVDEP recognizes this project as “Lost River Subwatershed Site #16 Impoundment – Lower Cove Run”.

Possible Items to Mention:

1. The stream is a documented natural trout reproducing stream. In the last study, brook trout were found in the stream. A dam can have negative effects on a trout population. Since sections of the stream run through the George Washington National Forest, those sections should be Tier 3 stream segments based on new legislation. Tier 3 segments are to get the highest protection from the state.

2. Approximately 30 or more acres of natural wetlands will be destroyed.

3. Over 10 acres of the George Washington National Forest is in the project area.

4. A federal complaint has been filed regarding whether the USDA-NRCS complied with federal guidelines (NEPA). The case is pending.

5. The project purposes, flood control and water supply, are questionable. It was just printed in the local newspaper on Wednesday, Jan. 28, 2009 that the local people “are adamantly opposed to public utilities.” Even after offering people $500 to sign up for public water, the local govt. could not convince people to do so. Regarding flood-control, there is rarely flooding in the Lost River Valley plus three dams have already been built.

6. 11 of 12 landowners do NOT want to sell their property. For many, the land has been owned through several generations. 4 homes will be taken.

7. This dam would be considered a high hazard dam, meaning if it were to breach or fail in any way it has the capacity to cause loss of life to those below or downstream of the structure.

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June 2008: The Potomac Valley Conservation District supervisors continue to push forward regardless of the fact that there is NOT a need for another water supply dam in the Lost River Valley. The PVCD is now trying to force appraisers on the homeowners and landowners. PVCD attorney, Howard Krauskopf, has threatened to send the sheriff to the homes of on-site residents if they decline to let people rummage through their homes.

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April 2008: An article in the Moorefield Examiner reported that 80% of residents in an area must sign up for public water BEFORE a water treatment facility can be built. The local government is struggling greatly to get the 80% support. If people do NOT want to sign up for public water, WHY is there a need for a THIRD water supply dam in the Lost River Valley? Remember: In March 2004, Ed Kesecker (NRCS rep.) and Don Biller (PVCD supervisor and neighbor to those who will lose their lands and homes) reported that Kimsey Run Dam and Parker Hollow Dam would provide “more than adequate water supply” for the future.

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September 2007 - Agents for Potomac Valley Conservation District supervisors will be invading landowners’ properties again. Some studies were not completed during the initial right-of-entry granted over 2 years ago. In May 2007, supervisors voted to approve the Final Environmental Impact Statement. In July, landowners received a petition demanding another right-of-entry. Landowners were “floored” as another right-of-entry was never discussed at any public PVCD supervisor meeting.

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May 2007 – The Final Environmental Impact Statement (FEIS) has been released. You can view it at: http://www.wv.nrcs.usda.gov/programs/watershed/lost/lost_river.html

The local sponsors, Hardy County Commission and Potomac Valley Conservation District, voted to approve the FEIS prior to the Notice of Availability (NOA) being published in the Federal Register. The NOA is the alert to the public that the document is complete and ready for review.

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October 4, 2006 - The monthly meeting of the Potomac Valley Conservation District (PVCD) supervisors was held. Also present were the three Hardy County commissioners: Roger Champ, JR Keplinger, and Stanley Moyers. The commissioners were in attendance to formally announce their support of the Lower Cove dam project (even though the draft Environmental Impact Statement (EIS) is not final as public comments continue until October 25, 2006). The PVCD supervisors voted to approve the draft of the EIS, but requested to see the final copy when published as well as all communcation/comments from the public regarding the project.


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E-mail comments to:
Louis.Aspey@wv.usda.gov

Mail comments to:
Attn: Lost River DEIS Comments USDA_NRCS
75 High Street, Room 301
Morgantown, WV 26505

You can view the draft EIS document at: http://www.wv.nrcs.usda.gov/programs/watershed/lost/deis/lost_riverdeis.html

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September 26, 2006 A public workshop regarding the draft Environment Impact Statement (EIS) was held at the Mathias-Baker Fire Hall, Baker location. Hardy County commissioners, JR Keplinger and Stanley Moyers, were present as well as Potomac Valley Conservation District supervisor Donald Biller. Representatives from the Natural Resources Conservation Service were available to answer questions as well as Assistant State Conservationist Louis Aspey. The public can still make comments until October 25, 2006. E-mail comments to: Louis.Aspey@wv.usda.gov Mail comments to: Attn: Lost River DEIS Comments USDA_NRCS, 75 High Street, Room 301, Morgantown, WV 26505
September 2006 - The draft of the Environmental Impact Statement (EIS) for the Lower Cove Dam project/Lost River Watershed is out.

If you would like a copy, you can contact

Ed Kesecker, District Conservationist
304-530-2826
Ed.Kesecker@wv.usda.gov

Or you can contact

Ron Hilliard, State Conservationist
304-284-7545 (work)
304-284-4839 (fax)
ron.hilliard@wv.usda.gov

T he next public open house, regarding the project's EIS, will be Sept. 25, 2006 from 4-7pm at the Baker Fire Hall, Baker WV. You come and go as you please from 4-7pm.

Comments regarding the EIS will be taken until Oct. 25, 2006. Valid comments will be addressed in the EIS, and a final copy will be published. This is a time to express any environmental concerns (taking wetlands, damming a trout reproducing stream, taking several acres of the George Washington National Forest), social concerns, cost concerns (taking away homes and land from those who wish to keep it). The project is now estimated at over $24 million dollars.

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January 24, 2005 - Howard Krauskopf, attorney for the Potomac Valley Conservation District, threatened to have landowners arrested if district workers were not allowed onto property.

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December 9, 2004 – The Potomace Valley Conservation District (PVCD) and landowners from proposed dam site 16 (Lower Cove) met in the Hardy County Circuit Court. The judge REFUSED to hear any evidence regarding the illegal elections of PVCD board supervisors. After much questioning of some witnesses, the judge decided to allow a limited right-of-entry to property for the sole purpose of geological, archeological, and environmental studies.

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November 3, 2004 - Stanley Moyers won a seat on the Hardy County Commission, ousting incumbent J. Michael Teets. Mr. Teets has been a strong vocal supporter of the Lost River dams. 

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October 2004 – It has been discovered that conservation district supervisors in West Virginia are NOT elected properly. In order to vote for a supervisor, one must be at least 21 years old and own 3+ acres of land. According to the US Constitution and the WV Constitution, one only has to be 18 years of age. Owning land in NOT a factor. These supervisors are NOT elected when all other public officials are elected. The elections are NOT held at the usual polling places. The elections are NOT overseen by the Secretary of State’s office (the office which oversees all other public elections). Instead, the elections are held at a time and place determined by the WV Conservation Agency. The elections are advertised in local newspapers. The WV Conservation Agency oversees the elections and the counting of the ballots.

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September 30, 2004 - Landowners at the proposed Lower Cove dam site again received a visit from a deputy sheriff. The deputy delivered papers composed by Howard Krauskopf on behalf of the PVCD that seek right-of-entry via the Hardy County Circuit Court.

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September 22, 2004 – Landowners at the proposed Lower Cove dam site received another letter requesting right-of-entry. According to motions approved at the latest PVCD meetings, this right-of-entry is ONLY suppose to be for a feasibility study. However, the letter mentions that if land is affected an appraiser will be sent out to appraise property. Click here to read the letter written by Howard Krauskopf on behalf of the PVCD.

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September 1, 2004 – The Potomac Valley Conservation District (PVCD) supervisors met for their monthly meeting. Again, several locals affected were in attendance. The board instructed their attorney, Howard Krauskopf (son-in-law of PVCD’s vice-chairperson), to seek right-of-entry for the specific study of the Lower Cove dam site and any additional studies needed to update the Lost River Watershed’s Environmental Impact Statement and work plan. The board also voted to delete recreation from the feasibility study ONLY.  

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August 4, 2004 - The Potomac Valley Conservation District (PVCD) supervisors met for their monthly meeting. Russ Campbell (representative from the state) attended the meeting. The majority of landowners and their families affected by the proposed Lower Cove dam were present. Several questioned the board about future plans for the proposed Lower Cove dam. One asked if public opinion would be considered. Chairman John Wagoner indicated that public opinion would be considered. There were many other points brought up by various citizens attending the meeting about the feasibility of this project and how things have been handled by the PVCD, NRCS (Natural Resource Conservation District), and HCC (Hardy County Commission). The board made a motion to proceed with the right-of-entry process in order to conduct geological, archeological, and environmental studies for the purpose of feasibility determination ONLY.

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July 20, 2004 - The HCC made no motions at their meeting regarding the dam project. Fred Francis and a crew from NBC came to Hardy County to interview both sides for a story for "Fleecing of America". 

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July 13, 2004 – The West Virginia Conservation Agency held its quarterly meeting at Canaan Valley. Ed Kesecker (Natural Resource Conservation Service (NRCS) district representative) and PVCD Chairman John Wagoner were present. After promising citizens and agreeing at the last PVCD monthly meeting to "back up" and look more closely at the project, Mr. Kesecker and Mr. Wagoner were ADAMENT that their organizations would continue to pursue the Lower Cove dam project REGARDLESS of public opinion.   

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July 13, 2004 - The rescheduled court hearing for Right of Entry: Landowners vs. the Hardy County Commission & the Potomac Valley Conservation District was at 9:00am. The PVCD and the HCC withdrew their petition for right of entry. 

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July 8, 2004 - A public informational meeting, sponsored by the Lost River Committee, was held at the Mathias Community Center at 7:00pm. The purpose was to inform the public of information pertaining to the planned Lower Cove Run & Cullers Run dams.  [View the flyer]

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July 7, 2004 – The Potomac Valley Conservation District supervisors met for their monthly meeting. Truman Wolfe and Russ Campbell (representatives from the state) attended the meeting. The majority of landowners and their families affected by the proposed Lower Cove dam were present. Several spoke and asked the board to take a look at the project in the present not what was planned over 30 years ago. At one point during the meeting, Chairman John Wagoner asked Truman Wolfe if they (PVCD) could back out. Mr. Wolfe’s answer was yes. The board made a motion, agreed, and approved to reexamine what they had originally voted for.

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June 25, 2004 - A hearing to decide right-of-entry for soil testing, surveying, etc. on property was scheduled. However, that was postponed. Attorneys for both sides met with Judge Cookman to reschedule the hearing from July 13 at 9:00am.  The additional time would allow for investigation of the allegations made by landowners.

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