CLEAR June 2010

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10 discussions

Tier 3 designation for trout streams
by Duane330＠aol.com 29 Jun '10

29 Jun '10

The Comment Period on Tier 3 Stream Nominations Is Now Underway 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 have your comments on 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(a)wv.gov_ (http://www.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_ (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: Impact on private property owners Whether the interests of all affected parties have been adequately represented during the nomination and designation process Location of the water Previous special designations Existing water quality Factors that indicate outstanding ecological value Factors that indicate outstanding recreational or aesthetic value 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. WVRC has long campaigned on the Antidegredation and Tier 3 classification issue to protect the water quality of all the states rivers and streams. In 2008 the Legislature to eliminated the compromise Tier 2.5 antidegredation category, and finally initiated designation of Tier 3 waters across the state. Now is your chance to comment on these protections of our highest quality streams. Please send in your comments to DEP before the July 12 deadline. These Tier 3 designations are supported by the West Virginia Rivers Coalition, and they may be contacted at: _WV_Rivers_Update(a)wvrivers.org_ (mailto:WV_Rivers_Update@wvrivers.org) ............................................. To make a donation to support their work please _click here_ (https://npo.networkforgood.org/Donate/Donate.aspx?npoSubscriptionId=1002062) or call their offices at 304-637-7201.

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current EPA activities.............
by Duane330＠aol.com 28 Jun '10

28 Jun '10

EPA STRENGTHENS COMMITMENT TO REDUCE LEAD IN THE ENVIRONMENT EPA will notify the states by October 2010 whether they are attaining or not attaining the revised 2008 national air quality standards for lead. Once nonattainment designations take effect, the state and local governments will outline how they plan to attain and maintain the new, more rigorous lead emissions standards. Lead exposure can cause a range of adverse health effects, especially in children. EPA is seeking comment through Aug.16. For more information, go to _http://www.epa.gov/leaddesignations/_ (http://www.epa.gov/leaddesignations/) . EPA SEEKS PUBLIC COMMENT TO ADVANCE ADMINISTRATOR JACKSON'S SEVEN PRIORITIES TO PROTECT HUMAN HEALTH AND THE ENVIRONMENT EPA is seeking public comment on a draft plan to protect human health and the environment through the seven priorities: "taking action on climate change, improving air quality, protecting America's waters, cleaning up our communities, assuring the safety of chemicals, expanding the conversation on environmentalism and working for environmental justice, and building strong state and tribal partnerships." The public comment period closes July 30. Please submit comments at _http://www.regulations.gov_ (http://www.regulations.gov/) . (Docket ID number EPA-HQ-OA-2010-0486). For the draft plan, go to _http://www.epa.gov/ocfo/plan/plan.htm_ (http://www.epa.gov/ocfo/plan/plan.htm) .

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<FOC> Save our Streams WORKSHOP
by Duane330＠aol.com 28 Jun '10

28 Jun '10

Subject: Friends of the Cheat Offers Save our Streams Workshop Friends of the Cheat will host a Save our Streams training event on Friday, July 2nd starting at 10:00am at the Cheat River Festival Site in Albright. West Virginia Save our Streams Coordinator Tim Craddock will lead a hands-on workshop teaching techniques used to complete a stream bio-assessment. The bio-assessment consists of three basic elements: water quality analysis, physical characterizations, and an assessment of the benthic macroinvertebrate community. Benthic macroinvertebrates are the small, but visible, invertebrates that live on the bottom of streams. A majority of the day will be spent collecting and identifying benthic macroinvertebrates or ¨ macros¨. Macros provide food for fish and other important freshwater dwellers. The quantity and types of macros found help determine the health of a stream. Two very different streams will be examined during the training: a stream polluted with acid mine drainage (AMD), Muddy Creek at its mouth, and a healthy stream, the Muddy Creek headwaters. Anyone interested in participating should RSVP to Andrew Miller at Friends of the Cheat by phone at 329-3621 or via e-mail at _amiller(a)cheat.org_ (mailto:amiller@cheat.org) Participants should be prepared to get wet and bring a lunch Andrew Miller OSM/VISTA - Friends of the Cheat

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"Cheat Snail Seminar" Monday 10:45 am w/ directions
by Duane330＠aol.com 26 Jun '10

26 Jun '10

To: All interested persons, this is our only opportunity on this topic: "The Preservation of the Three-Tooth Snail in the Cheat Canyon" Monday, June 28th, 10:30 am. Room 320 Percival Hall, Evansdale Campus of WVU. NOTE: Percival Hall is interconnected with Allen Hall (taller portion). Information: Duane Nichols, Cell: 304-216-5535. Chad Pierskalla, Office: 304-293-6530 >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> >From Interstate #79, take the Star City exit (which is also the exit for the WVU Coliseum). At the bottom of the ramp and turn right. Continue on this road through three traffic signals. You will pass a mall entrance and a Sheetz gas station on your right. You will then cross a bridge. Go through the third traffic signal and up the hill. At the top of the hill the WVU Coliseum will be on your right, and there will be a fourth traffic signal. Turn left at the fourth traffic signal. You are now on Patteson Drive. Continue on this road until you reach the second traffic signal. You will pass a Burger King and a Krogers grocery on your right. At the second traffic signal, turn right. You are now on University Avenue. Continue on this road through the next traffic signal. You will pass under the PRT (Personal Rapid Transit) rails. At the first corner after the traffic signal, turn right. You are now on Oakland Street. Continue on Oakland through the stop sign. The Towers (dormitories) will be on your right. Continue up the hill past the Towers. Pass Lot 50. There is a public parking area at the top of the hill, where parking passes can be purchased. This is the closest parking area to Percival and Allen Halls. Allen Hall is the tall building facing Lot 50. Percival is the portion on the right side. _http://www.hre.wvu.edu/about_us/directions_ (http://www.hre.wvu.edu/about_us/directions) _Map of Allen Hall and the Evansdale Campus_ (http://www.hre.wvu.edu/hre/college/allenhall_map.html)

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1440 AM RADIO = MON RIVER WATER QUALITY CRISIS = Wednesday @ 9:05 am
by duane330＠aol.com 22 Jun '10

22 Jun '10

MORGANTOWN AM, RADIO 1440 FROM 9:05 TO 10 AM, TOMORROW, WEDNESDAY, JUNE 23RD. GUESTS WILL BE DELEGATE BARBARA FLEISHAUER AND FROM C.L.E.A.R. DUANE NICHOLS. TOPIC: WATER QUALITY CRISIS IN THE MONONGAHELA RIVER WATERSHED.

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Seminar: The Cheat Three Tooth Snail
by Duane330＠aol.com 16 Jun '10

16 Jun '10

NOTICE: The program entitled "The Preservation of the Cheat Three Tooth Snail in the Cheat Canyon" will take place on Monday, June 28th at 10:30 am. This will be held in Room 320 of Percival Hall, Evansdale Campus of West Virginia University. Presentations by the Cheat Lake Environment & Recreation Association (CLEAR) and by the Copperhead Consulting Group will be made. Representatives of the current owner of Cheat Canyon forest lands will be present to answer questions, i.e. the Allegheny Forestlands LLC NOTE: This meeting represents an update and report of the activities under Consent Agreement 1:05-CV-61 FPS, US District Court, Northern District of West Virginia, of February 5, 2007. This agreement involved Plaintiffs CLEAR, the Friends of Blackwater, and the WV Chapter of the Sierra Club. The original Defendant was Allegheny Wood Products, Inc. who sold their forest land interests in the Cheat Canyon on March 27, 2009. The Copperhead Consulting group has completed the delineation of actual and potential habitat for the Cheat three-tooth snail in Areas 1, 2 and 3 on the north side (river-right) and recently for Area 4 on the south side (river-left). Logging was completed by Allegheny Wood Products last year for the north side and no logging is currently planned for the southside. A northern segment of the Allegheny Trail passes thru the north Areas 1, 2, and 3, but is closed to the public. Duane Nichols, CLEAR. _duane330(a)aol.com_ (mailto:duane330@aol.com) , (304)-216-5535

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Hiking Trail off South Branch of Cheat Lake Trail
by Duane330＠aol.com 08 Jun '10

08 Jun '10

LUNCHEON MEETING TOMORROW, WEDNESDAY AT ZEN CLAY. This last minute call is for those who wish to discuss a proposed hiking trail in the Cheat Haven Wildlife Management Area. Location: Zen Clay on University Avenue Time: 12 noon. P.S. We are also planning a meeting for 10:30 am on Monday, June 28th to discuss the Cheat Three Tooth Snail Protection in the Cheat Canyon, location to be determined.

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Coopers Rock Celebration -- Saturday 6/12/10
by Duane330＠aol.com 04 Jun '10

04 Jun '10

COOPERS ROCK CELEBRATION of the OUTDOORS. An event of the Coopers Rock Foundation in cooperation with other local groups including the Sierra Club, Friends of Blackwater, Cheat Lake Environment & Recreation Association, and others............. The event is scheduled for Saturday, June 12, and will run from 9 to 3 with a discussion session happening sometime in the later morning, e.g. 10am or 11am. Duane Nichols Contact: Gwen Jones, _gwendolyn.jones(a)fairmontstate.edu_ (mailto:gwendolyn.jones@fairmontstate.edu)

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Mon River crisis in news
by Duane330＠aol.com 03 Jun '10

03 Jun '10

Two West Virginia Rivers on Most Endangered List Posted Thursday, June 3, 2010 ; 06:00 AM | The State Journal file photo Photo Credit: Dunkard Creek near Morgantown The Gauley and Monongahela rivers have been identified by American Rivers as threatened. By Pam Kasey, Morgantown, WV Mountaintop mining and extraction of natural gas from the Marcellus Shale have placed two West Virginia rivers, the Gauley and the Monongahela, on the 2010 list of most endangered rivers. The nonprofit American Rivers prepares the list of rivers threatened by pending decisions each year. The list based on nominations from river groups and concerned citizens across the U.S. Rivers are chosen for most endangered status based not on current stresses, but on pending permitting, regulatory or other actions that could significantly impact their health. The Gauley River is listed as No. 3 in 2010 because of to mountaintop mining. Citing effects including burial of streams, contamination of drinking water, displacement of communities and increased flooding, the organization has called on the U.S. Environmental Protection Agency to protect water quality by creating national standards for conductivity and selenium in streams. Appearing as No. 9 is the Monongahela River in West Virginia and Pennsylvania. Troubling the Mon River, the organization's report states, are the combined effects of old and current coal mines as well as the beginnings of natural gas extraction from the Marcellus Shale. In 2008, gas well hydraulic fracturing fluids that were high in dissolved solids fouled drinking water for Mon River communities in Pennsylvania. Municipalities at the time accepted gas well wastewater they could not adequately treat. While they have discontinued the practice, neither West Virginia nor Pennsylvania has yet passed water quality standards for dissolved solids. In 2009, drainage from coal mines, also high in dissolved solids, contributed to a fish kill on the Mon River tributary Dunkard Creek. The organization calls for the enactment of water quality standards for dissolved solids -- a process that already is under way in both states. American Rivers also called on Congress to pass the FRAC Act to repeal the exemption for gas well fracturing fluids in the Safe Drinking Water Act and to require disclosure of the chemicals used in those fluids. The last time a West Virginia river appeared on the list was in 2006. That year, the Shenandoah River was listed for poorly managed development. Topping the list this year is the Upper Delaware River in Pennsylvania and New York, which provides drinking water to 17 million. American Rivers said that river also needs protection from improperly treated Marcellus Shale fracturing fluids. Rounding out the list are the Sacramento-San Joaquin River Delta in California, threatened by outdated water and flood management; the Little River in North Carolina, where better alternatives to a proposed dam may be available; Iowa's Cedar River, subject to outdated flood management; the Upper Colorado River in Colorado, depleted by excessive water diversions; the Chetco River in Oregon, threatened by gravel mining; the Teton River in Idaho, also threatened by a new dam; and the Coosa River in Alabama, where the renewal of seven hydropower licenses pose an opportunity for increased protections for endangered species. This is the 25th year American Rivers has highlighted the nation's most endangered rivers. The group said its advocacy efforts have helped to improve rivers throughout the United States, including the removal of old dams and prevention of new ones, restrictions on mining and oil and gas drilling, and policy revisions that stopped the draining of wetlands.

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EPA offers information to the public
by Duane330＠aol.com 01 Jun '10

01 Jun '10

EPA WEB SITE OFFERS MORE TOXIC CHEMICAL INFORMATION EPA is increasing the chemical information that certain industries and federal facilities must submit under the Toxic Substances Control Act _(TSCA)_ (http://www.epa.gov/tri/) . More than 6,300 chemicals and 3,800 chemical facilities are now available for analysis on how they affect our air, water and land. In the months ahead, EPA intends to increase the information and to make the public portion of the TSCA inventory free of charge to the public. For the agency's Envirofacts Web site, go to _http://www.epa.gov/enviro/facts/tsca/index.html_ (http://www.epa.gov/enviro/facts/tsca/index.html) For more information, go to _http://www.epa.gov/oppt/existingchemicals/pubs/enhanchems.html_ (http://www.epa.gov/oppt/existingchemicals/pubs/enhanchems.html) >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> ELECTRIC UTILITIES RELEASE PLANS TO IMPROVE SAFETY OF THEIR COAL ASH IMPOUNDMENTS EPA is releasing action plans from 16 electric utility facilities with 40 coal ash impoundments, to keep the public informed on the safety of these impoundments and facilities. The plans explain how the facilities will prevent coal ash impoundment spills such the one that occurred in Kingston, Tn. in 2008. EPA has also proposed regulations for the safe disposal and management of coal ash from coal-fired power plants to protect human health and the environment. For more information, go to _http://www.epa.gov/epawaste/nonhaz/industrial/special/fossil/surveys2/index .htm_ (http://www.epa.gov/epawaste/nonhaz/industrial/special/fossil/surveys2/index…)

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CLEAR June 2010