To: Scott Mandirola, Assistant Director
Division of Water and Waste Management
WV Department of Environmental Protection
601 57th Street S.E.
Charleston, WV 25304
RE: The interpretive rule 47 CSR 2A, "Designation of Tier 3 Waters in the
State of West Virginia.
It is requested 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 Parks, National Parks and National Forests.
Let us also request 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.
In 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 request 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.
Given that the current interpretive rule allows for water upstream of a tier
3 segment to be designated tier 1 or 2. This is a very dangerous situation.
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.
Thank you for your attention to these important matters for the State of
West Virginia.
Duane G. Nichols, President
Cheat Lake Environment & Recreation Association
330 Dream Catcher Circle
Morgantown, WV 26508
304-599-8040
_duane330(a)aol.com_ (mailto:duane330@aol.com)
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