Current through Register Vol. XLI, No. 50, December 13, 2024
Section 46-1-4 - Antidegradation Policy4.1. It is the policy of the State of West Virginia that the waters of the state shall be maintained and protected as follows:4.1.a. Tier 1 Protection. Existing water uses and the level of water quality necessary to protect the existing uses shall be maintained and protected. Existing uses are those uses actually attained in the water body on or after November 28, 1975, whether or not they are included as designated uses within these water quality standards.4.1.b. Tier 2 Protection. The existing high quality waters of the state must be maintained at their existing high quality unless it is determined after satisfaction of the intergovernmental coordination of the state's continuing planning process and opportunity for public comment and hearing that allowing lower water quality is necessary to accommodate important economic or social development in the area in which the waters are located. If limited degradation is allowed, it shall not result in injury or interference with existing stream water uses or in violation of state or federal water quality criteria that describe the base levels necessary to sustain the national water quality goal uses of protection and propagation of fish, shellfish and wildlife and recreating in and on the water. In addition, the Board and the Director shall assure that all new and existing point sources shall achieve the highest established statutory and regulatory requirements applicable to them and shall assure the achievement of cost-effective and reasonable best management practices (BMPs) for non-point source control. If BMPs are demonstrated to be inadequate to reduce or minimize water quality impacts, the Director may require that more appropriate BMPs be developed and applied.
4.1.b.1. High quality waters are those waters meeting the definition at section 2.10 herein.4.1.b.2. High quality waters may include but are not limited to the following: 4.1.b.2.A. Streams designated by the West Virginia Legislature under the West Virginia Natural Stream Preservation Act, pursuant to W. Va. Code § 22-13-5; and4.1.b.2.B. Streams listed in West Virginia High Quality Streams, Fifth Edition, prepared by the Wildlife Resources Division, Department of Natural Resources (1986).4.1.b.2.C. Streams or stream segments which receive annual stockings of trout but which do not support year-round trout populations.4.1.c. Tier 2.5 Protection. Waters of special concern include all of those waters listed in 60 C.S.R. 5, Appendix A. Waters of special concern may include, but are not limited to naturally reproducing trout streams, federally designated rivers under the "Wild and Scenic Rivers Act," 16 U.S.C. §§ 1271 et seq., waters in state parks and forests, waters in National parks and forests, waters designated under the "National Parks and Recreation Act of 1978," and waters with unique or exceptional aesthetic, ecological, or recreational value. Waters may be nominated for inclusion in this category by any interested party or by the Board on its own initiative. In addition to the Waters of Special Concern outlined in 60 CSR 5 - "Antidegradation Implementation Procedures", Appendix A, the following streams are classified as Waters of Special Concern:
4.1.c.1. Watkins Run (Preston County) and;4.1.d. Tier 3 Protection. In all cases, waters which constitute an outstanding national resource shall be maintained and protected and improved where necessary. Outstanding national resource waters include, but are not limited to, all streams and rivers within the boundaries of Wilderness Areas designated by The Wilderness Act ( 16 U.S.C. §1131 et seq.) within the State. Additional waters may be nominated for inclusion in that category by any interested party or by the Board on its own initiative. To designate a nominated water as an outstanding national resource water, the Board shall follow the public notice and hearing provisions as provided in 4 6 C.S.R. 6.
4.1.e. All applicable requirements of section 316(a) of the Federal Act shall apply to modifications of the temperature water quality criteria provided for in these rules.