Current through Register Vol. XLI, No. 40, October 4, 2024
Section 60-5-8 - Public Participation in Antidegradation Reviews/Appeals8.1. 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; and8.4.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