W. Va. Code R. § 60-5-8

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 60-5-8 - Public Participation in Antidegradation Reviews/Appeals
8.1. All antidegradation review findings shall be documented by the Secretary and made part of the public record. The findings, including the baseline water quality, the existing uses, and the tier assigned to the water body are to be available to the public.
8.2. Any required public notice will be provided through the appropriate Class I or Class II legal advertisement in a qualified newspaper with the largest circulation for the county where the activity will occur. The notice will identify the action being considered, list all existing uses identified of the water, and call for comments from the public regarding the proposed activity. The cost of such publication will be borne by the applicant.
8.3. Public notice, opportunity for public comment, and opportunity for a public hearing, consistent with the requirements of 47 CSR 10-12, will be provided of all activities proposed to be allowed after a Tier 1, 2, or 3 antidegradation review. Such public notice may be combined with other required notifications, such as notification to agencies as part of required intergovernmental coordination or notification of a proposed permit decision. Public notice is not required to be provided for proposed activities on Tier 1 or Tier 2 waters for which a review process has not been required, such as activities covered by a WV/NPDES general permits, except that any trading approved by the Secretary for antidegradation purposes will require public notice consistent with the requirements of 47 CSR 10-12.
8.4. Public notice of Tier 2 antidegradation reviews.
8.4.a. After a full Tier 2 review has been completed for a proposed activity, the public notice shall include notice of the availability of the following:
8.4.a.1. The decision as to whether the proposed activity has been determined to comply with the antidegradation implementation rule;
8.4.a.2. Findings from the alternatives analysis;
8.4.a.3. A determination of the impact of the activity to ambient concentrations and baseline water quality;
8.4.a.4. The results of the socio-economic evaluation of the activity;
8.4.a.5. The determination regarding existence of reasonable and cost effective non-degrading or less degrading alternatives; and
8.4.a.6. A description of the water segment that is subject to the antidegradation review.
8.5. Once the intergovernmental coordination and public notice requirements of subsections 8.1. through 8.5. are satisfied, the Secretary shall make a determination concerning the social or economic importance in the area in which the affected water bodies are located. All determinations, including determinations to prohibit the activity, shall be documented and made a part of the public record.
8.6. Appeals-Final agency decisions, made after public comment, that identify applicable uses, designate tiers, or that find regulated activities to be allowed or prohibited, are final actions that are appealable to the Board.

APPENDIX A

ANTIDEGRADATION IMPLEMENTATION PROCEDURES

INTERGOVERNMENTAL COORDINATION AGENCIES

STATE AGENCIES

Bureau of Commerce

Department of Natural Resources

Division of Forestry

Development Office

Department of Health and Human Resources

Bureau for Public Health

Bureau of the Environment

Department of Environmental Protection - all offices

Department of Agriculture

Soil Conservation Agency

Department of Transportation

Division of Highways

FEDERAL AGENCIES

US Environmental Protection Agency, Region III

US Fish and Wildlife Service

US Army Corps of Engineers

US Forest Service

US Office of Surface Mining

W. Va. Code R. § 60-5-8