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@aol.com_ (mailto:duane330@aol.com)

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