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