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