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March 2007 - Friends of Blackwater Canyon

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<strong>March</strong> <strong>2007</strong> <strong>March</strong> <strong>2007</strong><br />

Board <strong>of</strong> Directors<br />

Judy Rodd - President<br />

Paul Hill - Vice-President<br />

Jeannie Dalporto -<br />

Secretary<br />

Linda Cooper - Treasurer<br />

Sandy Fisher<br />

Sheila McEntee<br />

Advisory Board<br />

Annie Dillard - Author<br />

Larry Groce - Director, Mountain<br />

Stage<br />

Jason Halbert<br />

David Hammer, Esq.<br />

Alan Karlin, Esq.<br />

Patrick McGinley -<br />

Pr<strong>of</strong>essor <strong>of</strong> Law<br />

Deborah McHenry, Esq.<br />

Rafe Pomerance -<br />

former US Deputy<br />

Assistant Secretary <strong>of</strong><br />

State for Environment<br />

Joe Riffenberger -<br />

Wildlife Biologist<br />

J. Lawrence Smith -<br />

Author<br />

Steve White, Esq.<br />

Christopher Wood -<br />

former Senior Advisor<br />

to US Forest Service<br />

Titles for identification purposes only.<br />

Page 2<br />

Staff<br />

Judy Rodd, Director<br />

John Brown<br />

Brandae Mullins<br />

Nancy Spencer<br />

Notes from the Director<br />

Dear Friend <strong>of</strong> <strong>Blackwater</strong>,<br />

It was up to us.<br />

The United States Fish and Wildlife Service, charged with enforcing the<br />

Endangered Species Act, wouldn’t do their job.<br />

So, it was “up to us” to protect the Cheat snail and its habitat – and we<br />

did it!<br />

We are working hard to make the same kind <strong>of</strong> real and lasting<br />

difference -- in protecting the <strong>Blackwater</strong> <strong>Canyon</strong> region, and its mascot<br />

species, “Ginny”, the endangered West Virginia Northern Flying Squirrel.<br />

The agencies that should be protecting <strong>Blackwater</strong> and Ginny are not<br />

doing their job. National Forest <strong>of</strong>ficials won’t protect the historic <strong>Canyon</strong><br />

Trail, and rollbacks are practically the norm at the Fish and Wildlife Service.<br />

So it’s “up to us” to protect these special West Virginia high mountain<br />

places and creatures for all <strong>of</strong> us -- and for our children and grandchildren.<br />

We love to hear from you. We try to earn your ongoing support and<br />

confidence every day. Thank you ,especially for writing letters and e-mails<br />

and making calls to public <strong>of</strong>ficials.<br />

It’s up to us -- and we are doing it!<br />

Trail (continued from page 1)<br />

destruction <strong>of</strong> historic sites.<br />

West Virginia Congressman<br />

Alan Mollohan has been<br />

supportive <strong>of</strong> Trail protection,<br />

and has challenged the Forest<br />

Service’s approach to the issue.<br />

In a letter <strong>of</strong> January 19, <strong>2007</strong><br />

Mollohan said,<br />

“I continue to be deeply<br />

concerned about the impacts<br />

that grant <strong>of</strong> an easement would<br />

have on the trail, which, as the<br />

Forest Service has recognized,<br />

has tremendous value because<br />

<strong>of</strong> its scenic views and the<br />

recreational opportunities<br />

it <strong>of</strong>fers. I am particularly<br />

concerned about the possibility<br />

<strong>of</strong> such a grant in effect<br />

converting the trail<br />

i n t o a n<br />

industrial haul road.”<br />

On February 13 th , <strong>2007</strong><br />

Mollohan questioned Mark<br />

Rey, the head <strong>of</strong> the Forest<br />

Service, about the <strong>Blackwater</strong><br />

Trail at a meeting <strong>of</strong> the House<br />

Appropriations Committee<br />

on Capitol Hill. We deeply<br />

appreciate the Congressman<br />

taking our issue to the highest<br />

levels <strong>of</strong> government! We’ll<br />

keep you posted with the latest<br />

developments on this breaking<br />

issue.<br />

*You can help protect the<br />

<strong>Blackwater</strong> <strong>Canyon</strong> Trail by<br />

signing our on-line petition<br />

asking West Virginia’s<br />

Governor Joe Manchin to<br />

protect this special place! Go<br />

to www.saveblackwater.org<br />

or mail in the coupon on page<br />

12.<br />

Sincerely,<br />

Judy Rodd<br />

SOS! Continued from Page 1<br />

hardwood forest. There is<br />

already a “cover-up” brewing<br />

-- Fish and Wildlife has refused<br />

to release 2,325 pages <strong>of</strong> public<br />

documents about their proposal.<br />

We are appealing this action,<br />

and asking that the comment<br />

period remain open until we get<br />

all the documents and are able<br />

to review them. Congressman<br />

Rahall supports us in this<br />

request.<br />

You can help protect Ginny<br />

and her mountain home. Logon<br />

to www.saveblackwater.<br />

org and click on the picture<br />

<strong>of</strong> the flying squirrel to get to<br />

a comment form and sample<br />

letter. Please get friends and<br />

family to comment as well! And<br />

thank you for your generous<br />

donations, which support this<br />

campaign to protect the integrity<br />

<strong>of</strong> the Endangered Species<br />

Act.<br />

LINKS OF INTEREST<br />

The following links come to us from Dave Watson. He<br />

provides great information on biking the <strong>Blackwater</strong><br />

<strong>Canyon</strong>. Thanks Dave!<br />

http://www.wvbike.org/~trails/blackwater_circle/index.html<br />

http://www.wvbike.org/~trails/west_fork_trail/index.html<br />

USA Today Highlights<br />

<strong>Blackwater</strong> on<br />

Valentine’s Day!<br />

50 Dates in<br />

50 States<br />

Roses and chocolates<br />

are fine, but there’s nothing<br />

like wanderlust to make a<br />

traveler’s heart beat faster.<br />

With Valentine’s Day as<br />

inspiration, USA TODAY’s travel<br />

staff asked local experts for<br />

each state and the District<br />

<strong>of</strong> Columbia to pick a favorite<br />

romantic experience that<br />

can be enjoyed on Feb. 14 or<br />

beyond. From hobnobbing with<br />

butterflies in Sioux Falls, S.D.,<br />

to hot-tubbing on Orcas Island,<br />

Wash., here’s what put stars in<br />

their eyes.<br />

WEST VIRGINIA<br />

Watch the flames in a stone<br />

fireplace in a cabin at<br />

<strong>Blackwater</strong> Falls State Park<br />

in the Allegheny Mountains,<br />

after a day <strong>of</strong> cross-country<br />

skiing or hiking to the Lindy<br />

Point Overlook and sharing<br />

the kiss-me-quick view <strong>of</strong><br />

<strong>Blackwater</strong> <strong>Canyon</strong>.<br />

*Recommended by Sheila<br />

McEntee, editor, Wonderful<br />

West Virginia.<br />

Article excerpted from USA Today,<br />

originally printed on February 9, <strong>2007</strong>.<br />

CHEAT CANYON VICTORY!!<br />

Congratulations -- we won a big one!<br />

The supporters <strong>of</strong> <strong>Friends</strong> <strong>of</strong> <strong>Blackwater</strong> have put in place the first ever court-approved endangered species protection plan in West Virginia. The<br />

detailed, multi-year plan protects critical habitat for the rare Cheat three-tooth snail (triodopsis platysayoides), which lives in rock crevices in the heart <strong>of</strong><br />

the Cheat <strong>Canyon</strong> near Morgantown, West Virginia. Scientists will call the shots in defining protected areas.<br />

Here’s a brief run-down on this campaign -- and how we won it:<br />

Three years ago, the news leaked out that the timber company Allegheny Wood Products was preparing<br />

to build logging roads and timber in the Cheat <strong>Canyon</strong> – right in the middle <strong>of</strong> the steep, rocky<br />

woodland habitat <strong>of</strong> the rare Cheat snail. This tiny creature, on the Endangered Species list since July<br />

3, 1978, is cute, delicate, and dangerously slow-moving – no match for a bulldozer.<br />

Scientists and outdoor lovers who care about the snail and the Cheat <strong>Canyon</strong> contacted <strong>Friends</strong> <strong>of</strong><br />

<strong>Blackwater</strong>. “We have to do something!” they said. “The federal and state authorities say their hands are tied.”<br />

OK, we said – what’s at stake here? Our members want us to defend the Endangered Species Act (“ESA”) in the West Virginia Highlands -- the “ESA”<br />

is crucial to protecting the <strong>Blackwater</strong> <strong>Canyon</strong>. Shall we jump in and fight -- or shall we let the bulldozers crush the snails to smithereens?<br />

It was a no-brainer. “It will take a big effort,” we resolved, “but we will try to protect this tiny snail and the Endangered Species Act!”<br />

We got to work. Attorney Josh Barrett <strong>of</strong> DiTrapano, Barrett and DiPiero filed a groundbreaking lawsuit and spent hundreds <strong>of</strong> hours on the case -- including<br />

flying to Washington, DC for high-level negotiations. Josh teamed up with ESA specialists Eric Glitzenstein and Erin Tobin at Myer, Glitzenstein,<br />

and Crystal in Washington, DC. We owe these three dedicated pr<strong>of</strong>essionals so much.<br />

We alerted our members and supporters, who donated generously to pay campaign expenses. We worked with organizational partners, including<br />

CLEAR(Cheat Lake Environment and Recreation Association) and the West Virginia Chapter <strong>of</strong> the Sierra Club. We mobilized scientists, and did mailings<br />

and newsletters. Research scientists evaluated the snail’s critical needs and habitat with financial support from the Coopers Rock Foundation,<br />

Defenders <strong>of</strong> Wildlife and the World Wildlife Fund. Duane Nichols, Paul Wilson, and Ann Chester did huge amounts <strong>of</strong> organizing work. Ken Hotopp,<br />

field biologist and snail man extraordinare, shared his expert knowledge <strong>of</strong> the Cheat snail every step <strong>of</strong> the way. Thanks and congratulations to these<br />

valiant warriors!<br />

Finally, in January <strong>2007</strong>, the timber company agreed to a settlement. On February 5, <strong>2007</strong> the federal court approved a comprehensive environmental<br />

protection plan for the Cheat snail that includes the ongoing involvement <strong>of</strong> environmental representatives and their experts. A link to the entire plan<br />

document is on our website, www.saveblackwater.org. If you want a copy by mail, call or write us.<br />

Today, the Cheat snail and its Cheat <strong>Canyon</strong> habitat enjoy a much higher degree <strong>of</strong> legal protection than before. <strong>Friends</strong> <strong>of</strong> <strong>Blackwater</strong> will be alert and<br />

involved -- to turn that legal protection into a strong reality.<br />

Meanwhile, we can all pat ourselves on the back, and celebrate a real accomplishment. Congratulations!<br />

Soar On Legal Eagles<br />

It was crucial, in protecting<br />

the Cheat snail, to have a<br />

powerful legal team.<br />

We celebrate that team --<br />

Josh, Eric, and Erin – and<br />

we also celebrate the many<br />

other wonderful lawyers<br />

who over the past ten<br />

years have helped the Save<br />

<strong>Blackwater</strong> campaign. For<br />

example:<br />

In 1999, Jason Huber went<br />

to federal court to protect<br />

“Ginny”, the West Virginia<br />

Northern Flying Squirrel,<br />

and her habitat in the <strong>Canyon</strong><br />

– and as a result, hundreds<br />

<strong>of</strong> acres were protected. In<br />

2000, William dePollo<br />

appeared before the Public<br />

Service Commission, and<br />

succeeded in keeping<br />

industrial wind turbines away<br />

from the <strong>Canyon</strong>. Today,<br />

SAVE CHEAT CANYON!<br />

Through partnerships, working to protect the endangered species <strong>of</strong> the Cheat <strong>Canyon</strong> by limiting logging and road building.<br />

Dierdre Purdy <strong>of</strong> the Bailey<br />

and Glasser firm is<br />

providing top-drawer legal<br />

counsel to our Trail<br />

Protection campaign.<br />

The power and value <strong>of</strong> the<br />

highly specialized,<br />

absolutely necessary work<br />

that has been done by these<br />

seasoned advocates is<br />

huge. Their providing large<br />

amounts <strong>of</strong> their time and<br />

WE LOVE THOSE<br />

LAWYERS!<br />

labor and ability in the<br />

service <strong>of</strong> this public effort is<br />

noble.<br />

Jason Huber, Pat<br />

McGinley, Dave Hammer,<br />

Deborah McHenry, Jim<br />

Zimarowski, John Wiley, and<br />

Pat Maroney are some more<br />

“Esquires” who have strongly<br />

supported the <strong>Blackwater</strong><br />

protection effort.<br />

We<br />

appreciate the heck out <strong>of</strong><br />

each and every one <strong>of</strong> our<br />

legal friends!<br />

Page 3

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