A Look At The State’s Annual Air Report On This West Virginia Morning

On this West Virginia Morning, the American Lung Association released its annual State of the Air Report, which grades Americans’ exposure to unhealthy pollution levels. Aimee MacCleave, advocacy director for the American Lung Association’s West Virginia office, spoke to Appalachia Health News Reporter Emily Rice about West Virginia’s report card.

On this West Virginia Morning, the American Lung Association released its annual State of the Air Report, which grades Americans’ exposure to unhealthy pollution levels. Aimee MacCleave, advocacy director for the American Lung Association’s West Virginia office, spoke to Appalachia Health News Reporter Emily Rice about West Virginia’s report card.

Also, in this show, Mon Power has offered to operate the Pleasants Power Station into next year. But how much will it cost? Will the plant produce any power? Curtis Tate has more.

And, Morgan County citizens have organized weekly gatherings at Cacapon State Park in protest of a plan by the state’s Division of Natural Resources to build an RV campground on park grounds. Shepherd Snyder has the story.

West Virginia Morning is a production of West Virginia Public Broadcasting which is solely responsible for its content.

Support for our news bureaus comes from Concord University and Shepherd University.

Caroline MacGregor is our assistant news director and produced this episode.

Listen to West Virginia Morning weekdays at 7:43 a.m. on WVPB Radio or subscribe to the podcast and never miss an episode. #WVMorning

Morgan County Residents Protest Potential Cacapon Campground

Morgan County citizens have organized weekly gatherings at Cacapon State Park in protest of a plan by the state’s Division of Natural Resources to build an RV campground on park grounds.

Morgan County citizens have organized weekly gatherings at Cacapon State Park in protest of a plan by the state’s Division of Natural Resources (DNR) to build an RV campground on park grounds.

A group of more than one hundred citizens gathered at the park’s upper lake to discuss their concerns. Three proposals for development have been submitted to the DNR.

The development comes after House Bill 4408 was passed into law during the 2022 West Virginia Legislative session. It allows for contracts to be granted to private companies to build recreational and lodging facilities on state park grounds. 

Morgan County resident Bruce Goldstein is one of many in the area concerned about the ecological impacts of such a development.

“We have been using this park a lot,” Goldstein said. “We hike in it regularly. And we’ve used the lakes, and we’ve had friends and family come to stay here and take advantage of this great park.”

Environmental groups like the West Virginia Rivers Coalition and Sierra Club have voiced similar concerns, alongside the Morgan County Commission. They say it could cause traffic and safety issues, overwhelm the park’s sewer plant and cause excessive excavation and clear-cutting of trees.

Protesters say the bid from Blue Water Development, which proposes up to 350 spots for RVs alongside other amenities, would be the most likely to be accepted, as it’s the closest fit to the DNR’s criteria of a private company continuing to maintain the campground after construction.

Another proposal from River and Trail Outfitters suggests the state would maintain it, and a third proposal from Scenic LLC suggests collaborating with the state park on the creation of a site outside park grounds.

“I don’t even think they could pick that proposal, even if they want it,” said fellow resident Steve Hay. “Even if they could, it’s still a short circuiting of a process that really needs to happen.”

Hay, like other protesters, is concerned with bringing public voices and concerns to the selection process.

“That is what our message is, is to cancel this process and begin a new process that gets public input, that respects the ecology of the park and does all the things that are in the public interest,” Hay said.

The DNR canceled a public hearing on park grounds scheduled for Tuesday evening. A lawsuit filed Monday in Morgan County Circuit Court alleged the division did not provide adequate public notice before the scheduled date.

“We perceived that the DNR’s public notice for this coming hearing, which is supposed to be a Class II legal advertisement that runs twice in 20 days before the hearing, was not following the law,” said lawyer Larry Schultz, who was also present at the protests.

A legal notice was posted beforehand, but in Berkeley County-based newspaper The Journal, according to Morgan County newspaper The Morgan Messenger.

The DNR maintains they had provided lawful notice but agreed to cancel the meeting, according to a legal filing with the Morgan County Circuit Court.

“The Defendants maintain that the West Virginia Division of Natural Resources has provided lawful notice, pursuant to §§ 20-5-16 and 59-3-2 of the West Virginia Code, and would prevail on the merits,” the filing said. “However, the Defendants do not wish to proceed if there is an appearance of impropriety, but instead desire to assure the public that it is in full compliance with any and all notice requirements. Accordingly, the Defendants find it fitting to cancel the meeting scheduled for April 18, 2023.”

There is as of yet no postponed date for the hearing.

Update: Public Hearing For Cacapon RV Campground Canceled

Monday, April 17, the public hearing has been canceled as a result of a lawsuit between Morgan County citizen Dale Kirchner and the West Virginia Division of Natural Resources.

Updated on Monday, April 17, 2023 at 4:30 p.m.

Monday, April 17, the public hearing has been canceled as a result of a lawsuit between Morgan County citizen Dale Kirchner and the West Virginia Division of Natural Resources. According to a Morgan County Circuit Court finding, the DNR was alleged to not have allowed sufficient lawful notice before the hearing was to take place. The DNR denies the claim, but agreed to cancel the meeting as a result of the suit.

“The Defendants maintain that the West Virginia Division of Natural Resources has provided lawful notice, pursuant to §§ 20-5-16 and 59-3-2 of the West Virginia Code, and would prevail on the merits, the filing said. “However, the Defendants do not wish to proceed if there is an appearance of impropriety, but instead desire to assure the public that it is in full compliance with any and all notice requirements. Accordingly, the Defendants find it fitting to cancel the meeting scheduled for April 18, 2023.”

There is as of yet no postponed date for the hearing.

Original Post

A public hearing regarding a proposed private campground development is scheduled at Cacapon State Park next week.

The hearing concerns the construction of an RV park on Cacapon grounds. 

Three development proposals submitted by Blue Water Development, River & Trail Outfitters and Scenic LLC are being reviewed by the state Division of Natural Resources (DNR) as responses to a request for proposal posted last December. 

One bid submitted by Blue Water Development said as many as 350 spots could be constructed.

“At this time, no vendor selection has been made,” a March release from West Virginia State Parks said. “Furthermore, the West Virginia DNR is under no obligation to accept any of the proposals as submitted and may negotiate the scope and specifications of any final agreement. No specific sites within the park have been selected for this potential development.”

The release also said that any trails impacted by the construction would be relocated or reintegrated into the new facility.

The Morgan County Commission voiced concerns about the development in a letter written last week, saying it could cause traffic and safety issues, overwhelm the park’s sewer plant and cause excessive excavation and clear-cutting of trees.

Environmental groups like the West Virginia Rivers Coalition and Sierra Club have also voiced similar concerns.

“This massive RV park and these types of private amenities are not compatible with the unique conditions of Cacapon and what we expect at WV State Parks,” West Virginia Rivers said in a statement on the potential development.

Morgan County community members have also assembled on park grounds in protest of the development’s potential approval. 

“For the past three weeks, there has been a growing group of citizens meeting at the upper lake at Cacapon State Park in Berkeley Springs,” Morgan County resident Russell Mokhiber said in an email to West Virginia Public Broadcasting. “Seventy people showed up. The next week, 90 people showed up. This past Monday, 120 people showed up.”

Another protest is also expected on park grounds Monday evening.

The development comes after House Bill 4408 was passed into law during the 2022 West Virginia Legislative session. It allows for contracts to be granted to private companies to build recreational and lodging facilities on state park grounds. 

The hearing is scheduled for 5 p.m. on April 18 at the park’s conference center.

Editor’s Note: This story was updated to reflect the change in status of the public hearing and add the filings with the circuit court of Morgan County.

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