Tier 3 Stream Nominations
West Virginia Environmental Council Action Alert
23 June 2010
Please Support Tier 3 Stream Nominations
Comment Now!
On May 12 the West Virginia Department of Environmental Protection
published official notification in local newspapers that it is
proposing to add three streams located primarily on private land in
Preston County to the Tier 3 stream list.
Tier 3 designation would provide these streams on private land the
highest level of protection under the antidegradation provisions of the
federal Clean Water Act, and the three streams would be the first
private-land streams designated since the Legislature adopted the new
antidegradation provisions in 2008.
The three streams are Watkins Run, Fill Hollow Creek, and an unnamed
tributary of Fill Hollow Creek, all located in Preston County.
They are classic, pristine West Virginia native brook trout streams
that fully deserve to be protected from future degradation.
You have until July 12, the end of the public comment period, to let
DEP know you support adding these streams to the Tier 3 list.
Here’s where to send your comments:
Written comments on this proposal must be sent by U.S. mail, postmarked
or hand-delivered by July 12, 2010, directed to:
Scott Mandirola
Attention: Tier 3 Nomination
WV Department of Environmental Protection
601 57th Street, S.E.
Charleston, WV 25304
Comments may also be sent by e-mail to dep.comments@wv.gov.
Background:
This proposal is based upon a nomination the DEP received on November
23, 2009, to add the entire lengths of Watkins Run, Fill Hollow Creek,
and an unnamed tributary of Fill Hollow Creek to the Tier 3 list. The
nomination was made by Ladd Williams on behalf of Friends of Laurel
Mountain. In his nomination, Mr. Williams documents that the
streams are “abundant with aquatic insects and native brook
trout.” The nomination also documents, among other things,
excellent water quality in the streams, and includes petitions signed
by an overwhelming majority of the adjacent landowners in support of
the designation. The entire nomination package may be viewed by
visiting the Water Quality Standards home page on the DEP’s Web site:
http://www.dep.wv.gov/wqs.
Watkins run was previously nominated and adopted as a Tier 2.5 (Waters
of Special Concern) stream by the West Virginia Legislature in May,
2005. EPA approved this nomination in September, 2006 and Watkins
Run was the state’s only Tier 2.5 stream from September, 2006 to
September, 2009, at which time EPA approved the DEP’s recommendation to
eliminate the Tier 2.5 designation from its water quality standards
rule and adopt the new Tier 3 provisions.
Tier 3 waters are also known as “Outstanding National Resource Waters”
and are afforded a higher level of protection than Tier 1 and Tier 2
waters. Most native brook trout streams on public lands automatically
qualify for Tier 3 protection. But streams primarily on private
lands must be nominated for protection. Any interested party may
nominate a water to be listed as an Outstanding National Resource
Water. And DEP’s decision to list streams as Tier 3 waters no longer
requires legislative approval.
There are eight qualification criteria to be considered in determining
whether to assign an Outstanding National Resource Water designation to
a stream, as follows:
1. Impact on private property owners
2. Whether the interests of all affected parties have been
adequately represented during the nomination and designation process
3. Location of the water
4. Previous special designations
5. Existing water quality
6. Factors that indicate outstanding ecological value
7. Factors that indicate outstanding recreational or
aesthetic value
8. Other factors determined by the Secretary, when
applicable
Generally, nominations that fail to address at least three of the
qualification criteria will be considered insufficient. The DEP
has determined that Mr. Williams’ Tier 3 nomination satisfies the
minimum criteria.
Streams granted Tier 3 status are to be maintained, protected, and
improved where necessary. Any proposed new or expanded regulated
activity that would degrade the water quality, other than temporarily,
is prohibited. This requirement only applies to point source
discharges, such as sewage treatment plant and industrial
discharges. It does not apply to non-point source activities,
such as timbering, farming, and oil and gas drilling, as long as best
management practices are implemented and maintained.
Since our beginnings in 1989 the West Virginia Environmental Council
has fought to protect the water quality of all the state’s rivers and
streams. In 2008 we succeeded in getting the Legislature to
eliminate the ridiculous Tier 2.5 stream category, that allowed
degradation of those waters. Now is your chance to support
further protections of our highest quality streams.
Please send in your comments to DEP before the July 12 deadline.
Donald S. Garvin, Jr.
WVEC Legislative Coordinator