WVEC Action Alert

December 3 , 2005

Antidegradation Comment Period Extended . . .

The West Virginia Department of Environmental Protection has extended the public comment period on streams to be protected under WV’s Antidegradation Implementation Rule.   The new deadline for filing comments is Dec. 31, 2005.

Send Comments To: Send your comments to the West Virginia Department of Environmental Protection, Attn: Tier 2.5, 601 57th St. S.E., Charleston, WV 25304.   Written comments may also be sent by E-mail to antideg@wvdep.org.

Background:

The concept of “antidegradation” is really quite simple.   Under the federal Clean Water Act states are required to clean up their polluted rivers, lakes and streams, and to protect their clean waters from becoming dirty.   Protecting rivers, lakes and streams from becoming more polluted is what “antideg” is all about.

West Virginia’s Antidegradation Implementation Rule contains a list – the Tier 2.5 list – of the state’s high quality streams that deserve special protection.   However, in a last minute concession to the state’s polluting industries, the Legislature made this a “presumptive” list, requiring DEP to hold public hearings on the list of streams and to come back once again to the Legislature for approval of the list.

Well, the WV Legislature passed the rule and approved the “presumptive list” of Tier 2.5 streams way back in 2001!   Since that time, the DEP has moved slower than a turtle at implementing the rule.   In late September DEP announced that it was finally moving to the next phase of approving the list of high quality streams that qualify for Tier 2.5 protection under the rule.  

In early 2002, the original list of 444 streams was put out for comments from landowners who opposed streams included on the list.   DEP says they received more than 4,000 objections (we know these were primarily form letters provided to landowners by the Farm Bureau). According to DEP 38 streams received no objections and automatically go to the final Tier 2.5 list, and they have removed 50 streams from the list “because the information used to list the streams was flawed.”

So Send Your Comments NOW!

Now is your chance to tell DEP to keep our streams clean. DEP says it is putting out the remaining list of 356 streams for additional consideration and public comment.   However, this may be the only chance the public has to tell DEP that ALL the streams on the original “presumptive” Tier 2.5 list should be kept on the list.

This is YOUR chance to tell DEP how important clean water is – to you, your family, your kids, and to the future of all West Virginians.   Water is one of our most precious resources, and it should be protected.

Comments on the entire list, or on specific streams on the list, must be made by Dec 31. The list of Tier 2.5 streams and maps showing their locations can be found online at www.wvdep.org/antideg or hard copies can be obtained by calling (800) 654-5227.