The future of clean water in West Virginia is at stake: Tell DEP to Keep Our Rivers and Streams Clean - WVEC Action Alert

WVEC Action Alert

June 30, 2006

The future of clean water in West Virginia is at stake: Tell DEP to Keep Our Rivers and Streams Clean

The West Virginia Department of Environmental Protection (WVDEP) is currently accepting comments about a proposed antidegradation rule that will be voted upon by the Legislature.

The rule proposes removing 131 streams from the Tier 2.5 stream list previously approved by the Legislature. These are high quality streams -- including popular native trout waters such as Shavers Fork of the Cheat River and Big Spring Fork of the Elk River -- that should be reinstated to Tier 2.5 protection.

Take Advantage of Your Opportunity to Comment!

SPEAK UP! A public hearing on proposed revisions to the rule is scheduled on July 10, 2006, at 6:00 PM at DEP’s Charleston headquarters located at 601 57th Street SE (Kanawha City).

Or, write a letter to DEP telling them you support protecting the state’s most pristine streams from pollution. Written comments for the rule -- 60 CSR 5, “Antidegradation Implementation Procedures” – must be received by DEP by July 10, 2006. Email comments can also be submitted to antideg@wvdep.org

The objective of the Clean Water Act is “to restore and maintain the chemical, physical, and biological integrity of the Nation's waters.” Antidegradation policy is designed to achieve the maintenance part of that goal: to keep clean waters clean and prevent further pollution of others.

WVDEP is currently proposing changes to the state’s antidegradation implementation procedures. One of the rule's steps requires WVDEP to identify and protect higher quality waters throughout the state. Waterways designated to the list, known as Tier 2.5, receive protections adequate to maintain the integrity of their quality.

Many Tier 2.5 streams include waters that are located on public lands, support reproducing trout populations, or maintain other exceptional characteristics. The future of these rivers and streams is at stake!

West Virginia’s citizens NEED TO SUPPORT the current strengths of the proposed rule that protect more than 300 streams as Tier 2.5. Citizens should also request that even more streams are added to the Tier 2.5 list for protection from future pollution. Supporting Tier 2.5 protection is essential to counter claims by industry and special interest groups opposed to protecting higher quality waters throughout the state.

UPHOLD CURRENT STRENGTHS OF THE RULE— VOICE YOUR SUPPORT!

WVDEP’s proposed antidegradation implementation procedures:

Protect 303 of the state’s most ecologically and economically valuable waterways (totaling 1,158 stream miles in 30 counties) as Tier 2.5— a designation that includes reproducing trout streams, waters flowing through public lands, and other waters with exceptional qualities.
Are a crucial component of the rule that will protect the state’s water resources and related economics throughout future development in the state.
Protect the ecological and economical benefits of having clean water in the future—such as natural resource tourism, clean drinking water supplies, and responsible waterfront development.
Protect some of the state’s most pristine coldwater rivers and streams—many of which sustain reproducing trout populations and are located on public lands.
Protect some of the state’s most dynamic warmwater streams— which also provide revenue through fishing and other recreational activities.
Fulfill Clean Water Act requirements intended to protect existing water quality and prevent further pollution of the state’s rivers, streams, and lakes.
Protect the “Wild and Wonderful” legacy of West Virginia by providing clean water and outstanding opportunities for future generations.
Include many popular streams such as: segments of Cranberry, Elk, and Williams rivers; the entire length of the West Fork of Greenbrier River; all of Gandy Creek in Randolph County; and the length of Seneca Creek in Pendleton County.

DEMAND FURTHER STRENGTHENING OF THE RULE— VOICE OPPOSITION!

WVDEP’s proposed antidegradation implementation procedures:

Unfairly targets and removes 131 streams from Tier 2.5 protection without sufficient reason—these streams must be reinstated onto the list!
Gives overriding consideration to planned or speculative coal reserve and other development, instead of following criteria outlined in Section 8.1.a.2 of the rule for removing streams from the Tier 2.5 list.
Unfairly weighs industry's opposition in the decisions to remove specific streams from the Tier 2.5 list. Many streams are delisted simply because coal mining companies, logging companies, and developers wrote letters of opposition. The letters did not provide necessary details about how Tier 2.5 protection might actually hurt their businesses.
Remove protections on numerous well-known streams, including: more than 7 miles of the headwaters of Shavers Fork in Randolph and Pocahontas counties; 31 miles of Glady Fork in Randolph and Tucker counties; all of Big Spring Fork of Elk River in Pocahontas County; all 20 miles of Loop Creek in Fayette County; most of Elkhorn Creek in McDowell County; an 11-mile stretch of Hominy Creek in Nicholas County; a nine-mile segment of the South Fork of Cherry River east of Richwood; and the six-mile stretch of Glade Creek flowing through the New River National River in Raleigh County.

PLEASE ALSO ADD THESE COMMENTS TO YOUR LETTERS!

Aside from proposing changes to the antidegradation implementation procedures, WVDEP has failed to respond to our 2003 antidegradation legal victory. Citizens are in the dark about WVDEP’s failure to respond since WVDEP has not prepared a briefing document related to the issue. Citizens SHOULD REQUEST that WVDEP extend the comment period by 45 days in order for the agency to provide the public with a briefing document, to provide interested parties with more detailed information and to provide adequate time for response.

OTHER POINTS:

The U.S. Fish and Wildlife Service estimates that each mile of trout stream provides more than $40,000 in economic benefit to the State of West Virginia annually.
Tier 2.5 designation is not designed to prevent development activities in a watershed, rather it helps maintain its most admirable qualities—such as clean water, reproducing trout populations, healthy aquatic ecosystems, and sustainable downstream communities.
DEMAND PROTECTION! The U.S. energy policy has shifted once again toward coal reserves. Without a strong antidegradation policy, many of West Virginia’s most prestigious streams—as well as many lesser known streams—will be exposed to higher amounts of heavy metals and other mining-related pollution!

LEARN MORE ABOUT STREAMS LOSING PROTECTIONS IN YOUR BACKYARD!

More information about Tier 2.5 protections is available from WVDEP’s Web site at www.wvdep.org/antideg. If you know about more streams that you feel deserve increased protections that are not currently on the list— LET WVDEP KNOW!

Written comments should be mailed to the following address (or emailed to antideg@wvdep.org):

Lisa McClung, Director
Division of Water and Waste Management
WV Department of Environmental Protection
601 57th Street SE
Charleston, WV 25304

If you have questions about antidegradation or need help writing your letter, feel free to contact West Virginia Rivers Coalition at (304) 637-7201 or awebster@wvrivers.org.