In a mid-June column, Governor Underwood wrote, "Blackwater Falls in Tucker County is one of the best known recreational areas in West Virginia. The stunning views in that region appeal to West Virginians and out-of-state tourists alike. A recent agreement with the owners of Allegheny Wood Products Inc. of Petersburg will expand Blackwater Falls State Park to include Lindy Point, an outcropping above the Blackwater Canyon that many consider to be the crown jewel of the West Virginia landscape. The agreement will result in a significant and lasting addition to our state park system."

Whew! Lindy Point is saved, so we can all rest easy, right? WRONG! What good is a scenic overlook if you don’t have the scenery? What will become of our treasured recreation areas, endangered species habitat and the immense quiet of the Canyon if John Crites builds his "resort"? And what would happen to Blackwater Falls State Park if Crites develops those condominiums?

The Governor goes on to explain, "John W. and Patricia A. Crites, who own Allegheny Wood Products Inc., joined me on June 17 at the Capitol to sign a Memorandum of Understanding that spells out the details of the transaction. They have agreed to sell the state a 5.02-acre tract that includes Lindy Point for $250,000 and to donate an additional 50 adjoining and nearby acres to the state. The agreement will permit our park personnel to improve access to Lindy Point so more people will be able to enjoy its grandeur."

The rest of the article praises Crites, the Governor’s friend and campaign contributor. But it fails to answer many questions. Has a deed already been signed? Announced with equal bang and fanfare, the last Memorandum of Understanding (MOU), that would have saved larger tracts of the Canyon, died with a whimper. Will the same thing happen again?

In his June 18 column , the Charleston Gazette’s editorial page editor, Dan Radmacher, wrote, "Crites gets à $50,000 an acre -- or 30 times the per-acre price Crites paid when he bought the land. If Crites could get the same price for the entire canyon, he’d make $150 million. Not bad for a $5 million investment."

"If you include the ‘gift,’ the per-acre price is $4,500 - a still hefty 267 percent return on Crites’ investment. The entire canyon at that rate would net Crites more than $13 million.

"Funny, when Crites’ pays taxes on this land, the entire 3,000 acres is assumed to be worth only $215,000."

In order to buy the 5 acres, the governor appears to be using his discretionary contingency fund, without establishing fair market value. If the state were to use the regular channel for acquiring parklands -- DNR money, which is obtained from federal appropriations for game land purchase -- an appraisal would be required by law. By skirting an appraisal, the Governor can pay this grossly inflated price to his friend. What else is going on here? Is the Governor guaranteeing the state will be unable to buy the rest of the Canyon because a price way beyond fair market value has been established?

Is Crites seeking a charitable donation tax deduction for the land he is "gifting" the state? If so, the state will have to sign an IRS document giving the land a value. Will it be $50,000 per acre on rest of the "gift"acreage?

Much of the 50-acre donation consists of the steep cliffs around Lindy Point, going down to Lindy Run. Left out of the land deal is the site of the sewage treatment plant and condominium acreage north and south of Lindy Point. (Scenic overlook without the scenery.)

The MOU brings up more questions. Is the donation of 3.6 acres of Canann Loop Road cited in the MOU really a road, or is it a right of way as stated on Forest Service maps? Is Crites "donating" Forest Service land?

Another section of the MOU says that Allegheny Wood Products (AWP) owns a right of way across Blackwater Falls State Park land. The MOU says the company will "clarify, limit and specifically define the right of way." Attorney Jason Huber said this was essentially a meaningless phrase. Furthermore, AWP’s deed to Blackwater Canyon mentions "rights," not "right of way." What exactly, if anything, is Crites offering us here?

The Governor notes that in the MOU, "Mr. and Mrs. Crites agreed to give the state the "first right of refusal" for five years on an additional 130 acres northeast of Lindy Point and north of Canaan Loop Road. That means the state will have an opportunity to acquire the additional land should Allegheny Wood Products receive and accept an offer for the property during those five years. The 130 acres will not be timbered for at least five years.

Crites had an engineering firm draw up plans for his "Canaan Mountain Resort" which includes over 100 condominium lots just east of Lindy Point and a wastewater treatment plant. (He has publicly stated that this is just for increasing the value of the property, that he really isn't going to develop the area.) Will the state’s "first right of refusal" be to bid on a development? Or on land with a grossly inflated price?

In his column, Dan Radmacher observed: "Face it, the canyon won’t be safe until it is totally in public hands. The (Lindy Point) deal is a minuscule start -- less than 2 percent of the canyon.

"I still believe the state or federal government should use eminent domain to condemn this property and turn it into a state or national park. The question is what happens now. The goal must be to get public ownership of the entire canyon, and that needs to happen before Crites builds the huge resort he is seeking permits for.

"The sad, cynical thought has occurred to me that Crites may have traded Lindy Point, which I understand he wanted to keep in his family, in exchange for expediting those permits."

"I don’t know what Crites’ plans are, but I do know he has misled the public in the past. Rep. Alan Mollohan, D-W.Va., issued a statement supporting acquisition of the canyon property from a ‘willing seller.’ With this deal, Crites has shown he’s willing to sell, if the price is right."

"If Crites won’t be reasonable, though, the government shouldn’t hesitate to use eminent domain to make him an offer he can’t refuse."

Our elected officials in DC need to hear from you. They may be willing to consider the purchase of Lindy Point the end of the story. After all, the governor called the five-acre addition to Blackwater Falls State Park "significant."

What is indeed significant is that both Crites and the Governor have begun to listen to and agree with the public. Blackwater Canyon IS gorgeous, biologically unique, economically important in its natural state and worthy of preservation. Having Lindy Point saved is a baby step toward our ultimate goal -- Blackwater Canyon National Park.