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Protecting West Virginia's Healthiest Streams...

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Capitol Showdown:
WVRC succeeds in protecting West Virginia trout streams!

After nearly a decade-long battle to protect West Virginia’s most pristine headwaters a decision has finally been made. In a surprising turn of events in late February, both the Senate and the House Judiciary Committee actually eliminated the "Tier 2.5" category from the Antidegradation Implementation Rule! The new bill will allow us to move forward while protecting many streams under the federal Clean Water Act.

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Tier 3 Water Comments: By June 3, 2008

The following comments represent particular areas of concern for WVRC and its members. Please feel free to use this information in your submissions to the WVDEP.

Please submit comments by June 3rd to:

Scott Mandirola
Assistant Director,
Division of Water and Waste Management
601 57th Street S.E.
Charleston, WV 25304
smandirola@wvdep.org


Comments on interpretive rule 47 CSR 2A, Designation of Tier 3 Waters.

Individual letters are more affective. Please use our talking points below when writing your letter to WV DEP.

- We recommend that the language in sections 4.1 and 4.2 should be changed to include not only waters, but segments of waters located within National Wilderness Areas, State Pars, National Parks and National Forests.

- We recommend that the language in section 4.3 that lays out guidelines for Federally designated waters should be amended to include all waters within units of the National Park system.

- When determining “High Quality and Naturally Reproducing Trout Streams”, the current interpretive rule calls for measurement based on healthy benthic macroinvertebrate communities only. While this is one measure for high quality water, it is not the only measure. We would recommend that in addition to healthy benthic macroivertebrate communities, waters should also be considered eligible for designation based on a consideration of all available biological, chemical, or physical measurements.

- The current interpretive rule allows for water upstream of a tier 3 segment to be designated tier 1 or 2. The possibility of Tier 3 designation should be added to section 6.1, and it should be made clear that activity upstream from a tier 3 segment should not cause any harm or degradation to the downstream tier 3 segment.

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Latest Info:

- WV Rivers Coalition is working on comments for June 3, public hearing. (see below)

- Governor Manchin signed Senate Bill 373 March.28, 2008.

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PUBLIC NOTICE *INTERPRETIVE RULE* WVDEP

The West Virginia Department of Environmental Protections Division of
Water and Waste Management has scheduled a public hearing and comment period on a proposed new interpretive rule under its antidegradation program -- 47CSR2A, “Designation of Tier 3 Waters.”

The hearing will be held at DEP’s Charleston headquarters, 601 57th Street S.E., Charleston, WV 25304, in the Coopers Rock Training room on June 3, 2008, at 6:00 p.m. In addition to oral comments provided at the hearing, the agency will accept written comments at any time up to and including the public hearing. No comments will be accepted after that date. Written comments may be submitted to Scott Mandirola, Assistant Director, Division of Water and Waste Management, at the above address. Comments may also be e-mailed to smandirola@wvdep.org.

Comments will be made a part of the rulemaking record. Copies of the rule and other rule documents are available from the Secretary of State’s office or from the agency at http://www.wvdep.org/dwwm/wqs or http://www.wvdep.org/antideg. You may also obtain hardcopies of this information by calling Gloria Shaffer at (304) 926-0499, ext. 1033.

Pam Nixon
Environmental Advocate
WV DEP
601 57th Street, SE
Charleston, WV 25304
Phone: (800) 654-5227, Ext. 1328
Email: pnixon@wvdep.org

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Received Friday, February 29, 2008

Good Bye, Tier 2.5?

By Donald S. Garvin, Jr.
WVEC Legislative Coordinator

In a surprising turn of events late this week, both the Senate and the House Judiciary Committee actually eliminated the "Tier 2.5" category from the Antidegradation Implementation Rule.

You heard me right, folks. Tier 2.5 is gone, and there is now a new definition of Tier 3 that was adopted by House Judiciary.

Under the House language, Tier 3 streams are now "all Federally designated rivers under the ‘Wild and Scenic Rivers Act’, 16 U.S.C. #1271 et seq.; all streams and other bodies of water in state parks and forests, waters in national parks and forests and waters designated under the ‘National Parks and Recreation Act of 1978’ as amended; and pursuant to subsection 7.1. of 60CSR5, those waters whose unique character, ecological or recreational value, or pristine nature constitutes a valuable national or state resource."
The Tier 2.5 category is now gone in both the Antideg rule and the Water Quality rule, and the new Tier 3 definition was put into both rules. In addition, the additional trout streams that DEP had included in the updated B2 list were removed, leaving the definition of "trout waters" in tact, along with the old list of B2 streams.

My instant analysis is this: all streams on public lands in WV would now be Tier 3 automatically. Streams on private lands could be nominated for Tier 3 designation. And there will be no tier lists for the legislature to approve!

When the rules were sent to the floor of the full Senate, Senator Kessler spoke about how corrupt and unworkable the Tier 2.5 process had become, and offered an amendment that removed entirely the Tier 2.5 category from the Antideg rule. That amendment passed, and the Senate then passed the DEP rules bundle (SB 373), the Water Quality Standards rule (without the additional trout stream list), and the Antideg rule (without a Tier 2.5 category).

That brings us to yesterday, where in a move orchestrated by the Speaker of the House Richard Thompson (D-Wayne) and House Judiciary Committee chair Carrie Webster (D-Kanawha), the House Judiciary Committee amended back into the rules bundle (SB 373) both the Water Quality Standards rule and the Antideg rule, and included the new definition of Tier 3.

So that’s where things stand at this hour.

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Received Tuesday, January 8, 2008
"WVRC and public help pressure legislators to restore stream lists"

In an amazing turn of events, the Joint Legislative Rule-Making Review Committee voted yesterday to restore the Tier 2.5 stream list to the 309 proposed in last year's rule! At the meeting, Delegate Mike Burdiss (D-Wyoming) pulled out a map of the state’s streams and gave an eloquent speech about the importance of streams and water quality. He then made a motion to restore the list to the 309 streams. All the Democrats voted in favor, and all the Republicans voted against it. The vote was the same on approving the rule as amended. The committee also approved the more than 450 streams on the B2 trout list as proposed by DEP (same as last year's rule).

This is just the beginning! With 60 brutal days to go, now's the time to ratchet up our grass roots campaign!

Please call State Legislators and the Governors Office. Voice your opinion or use our talking points.

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Manchin orders DEP to cut back stream list - June 13, 2007


Other Contact info:

Contact West Virginia Governor Joe Manchin

Web Site: www.wvgov.org
E-mail: governor@wvgov.org
1900 Kanawha Blvd., E.
Charleston, WV 25305
Phone: (304) 558-2000
Fax: (304) 342-7025

West Virginia House of Delegates Members - Click Here

West Virginia Senate Members - Click Here

For more info and the background of Tier 2.5 streams Click here

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