ENGROSSED

Senate Bill No. 354

(By Senators Wiedebusch, Macnaughtan and Dittmar)

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[Introduced February 15, 1994;

referred to the Committee on Natural Resources.]

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A BILL to amend article one, chapter five-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section eleven, relating to authorizing the director of tourism and parks to acquire additional land for North Bend state park.

Be it enacted by the Legislature of West Virginia:
That article one, chapter five-b, of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section eleven, to read as follows:
ARTICLE 1. DIVISION OF TOURISM AND PARKS.

ยง5B-1-11. North Bend state park expansion.

(a) The Legislature finds and declares that:
(1) The North Fork Hughes River watershed project, now being planned and designed by local watershed sponsors with assistance from the soil conservation service and other federal and stateagencies, will be of great benefit to the local area, region and to the state of West Virginia.
(2) The project will consist of a multiple-purpose dam across the North Fork Hughes River and a three hundred five acre lake, recreational facilities and county-wide water supply facilities. In addition to providing water supply and recreational benefits, the project will provide flood damage reduction benefits to North Bend state park and the town of Cairo. The dam and a small portion of the reservoir will be located on the eastern edge of the park.
(3) Planned recreational facilities, will provide for camping, picnicking, swimming, fishing, hiking, outdoor games and natural/educational activities. Facilities will be grouped and located in five different areas. Two of these areas, the Deerfield camping area and Cokeley recreation area, are planned to be located just outside the existing park boundary and within a parcel of land estimated to contain three hundred acres. This parcel of land lies to the south of the planned reservoir. It is bounded by the reservoir on the north, the park boundary on the west, County Route 5 on the south, and Third Run on the east and includes everything except two parcels of land and improvements containing about twenty-seven acres. An additional forty-eight acres may be included resulting from an uneconomic remnant associated with the Cokeley property. This remnant lies just south of County Route 5 and is contiguous with the three hundred acre parcel.
(4) The area of the reservoir from the park boundary to Third Run will cover ninety-three acres. A buffer strip of land with a minimum width of two hundred fifty feet will be acquired around the reservoir. The buffer strip on the north side of the reservoir between the park boundary and Third Run covers an area of about thirty-seven acres.
(5) Funds to install the dam, all associated recreational and water supply facilities and all needed land and rights-of-way will be provided by the federal government through an Appalachian regional commission. Upon completion of construction, the dam and all facilities will be transferred to the state or local units of government for operation and maintenance.
(6) Installation of the recreation facilities will provide for two hundred twenty-one thousand seven hundred recreational days with a total value amount of one million nine thousand dollars. This is roughly the same as now being provided by current park facilities. Therefore, recreational visitation to the area will be doubled. The reservoir will be readily accessible by North Bend visitors and will complement the park's scenic beauty with the addition of views of the water from picnic areas, lodge rooms and cabins. The planned reservoir will enhance rather than change the recreation bundle already provided by North Bend state park.
(7) The majority of the planned recreational facilities will be located on the aforementioned Deerfield and Cokeley areas adjacent to the park. The inclusion of these areas into thestate park system will greatly enhance the capability of the existing park to meet current and projected demands, will increase the mix of activities, and will provide for future operation and maintenance.
(b) In view of the foregoing, the Legislature recognizes the value of the planned reservoir and additional recreational facilities to the citizens of West Virginia and hereby grants authority to the commissioner of the division of tourism and parks to expand the boundaries of North Bend state park. Additional land to be included will contain the Deerfield and Cokeley areas which consist of approximately three hundred acres, the forty-eight acre Cokeley property remnant, ninety-three acres of the reservoir situated between the park boundary and Third Run, and thirty-seven acres of the buffer zone situated on the north side of the reservoir between the park boundary and Third Run, all as previously described. Total additional land to be included will be approximately four hundred seventy-eight acres. Additionally, the Legislature directs the public land corporation to use all existing authorities prescribed under state law to acquire the necessary land and rights-of-way in cooperation with the commissioner of tourism and parks. Upon completion and transfer of the facilities to the state park system, the commissioner will operate and maintain the facilities, and manage the expansion from funds appropriated for that purpose.