Current through Register Vol. XLI, No. 40, October 4, 2024
Section 60-5-7 - Designation of Tier 3 Waters7.1. Listing process for Tier 3 waters. 7.1.a. Tier 3 Nomination Procedures. Any interested party or the Secretary may nominate a water as an ONRW. After reviewing the nomination the Secretary shall consider the qualification criteria and may classify the nominated water as a Tier 3 water in accordance with the notice and comment provisions of this subsection. The address for filing such petitions is West Virginia Department of Environmental Protection, Attn: Tier 3 List, 601 57th Street, SE, Charleston, WV 25304. The nominating party has the burden of establishing a basis for listing of a water segment as a Tier 3 water. The Secretary shall return insufficient nominations to the nominating party. Generally, nominations that fail to address at least three of the qualification criteria set out in paragraph 7.2.a.2. of this rule shall be considered insufficient. 7.1.a.1. Upon receiving a sufficient nomination of a water or segment of a water for designation as a Tier 3 water pursuant to the State's antidegradation policy, the Secretary shall notify each locality in which the water or segment lies and shall provide individual notice to property owners on the nominated segment. When a good faith effort to notify individual property owners has failed, and individual notice to property owners is impracticable, constructive notice by publication shall be provided. The written notice shall include, at a minimum: 7.1.a.1.A. A description of the location of the waters or segment;7.1.a.1.B. The procedures and criteria for designation as well as the impact of the designation;7.1.a.1.C. The name of the person(s) making the nomination; and7.1.a.1.D. The name of a contact person at the Department of Environmental Protection who is knowledgeable about the nomination of the waters or segment. After receipt of the notice of the nomination, landowners, the public and localities shall be provided 60 days to comment.7.1.a.2. Qualification Criteria. Factors to be considered in determining whether to assign an ONRW designation to a water from another category shall include the following:7.1.a.2.A. Impact on private property owners;7.1.a.2.B. Whether the interests of all affected parties have been adequately represented during the nomination and designation process;7.1.a.2.C. The location of the water;7.1.a.2.D. Any previous special designations;7.1.a.2.E. Existing water quality;7.1.a.2.F. Outstanding ecological value;7.1.a.2.G. Outstanding recreational or aesthetic value; and7.1.a.2.H. Other factors determined by the Secretary, when applicable.