4.1. 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; and
4.1.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.
