"The state agency responsible for protecting state streams is moving one step closer to fulfilling requirements for anti-degradation implementation.

"The Department of Environmental Protection [DEP] has published a list of streams slated for additional protections. Known as the Tier 2.5 presumptive list, it is part of West Virginia’s anti-degradation efforts to protect state streams from further degradation.

"Included in the rule is the Tier 2.5 list, which includes high quality waters designated by the DEP in cooperation with the Division of Natural Resources. The streams are classified as Tier 2.5 based on their designation as high quality ‘waters of special concern.’ The presumptive list of streams includes high quality streams on public lands, such as a state or national parks, naturally reproducing trout streams, or reference streams, which are relatively unimpacted waterways used for comparison with other streams in the state. The Tier 2.5 list currently has 444 streams covering over 2,000 stream miles."

What this means is that the next phase in the implementation of the anti-degradation plan passed in last year’s legislative session will begin at the end of this month. That’s when the Dirty Water Coalition will attempt to find landowners to challenge the designation of individual streams on the "presumptive" Tier 2.5 list of streams that will receive a greater level of protection under the DEP Anti-degradation Implementation Plan.

Continuing with Welsh message: "Through March 15, citizens with a legal interest in a property adjacent to a Tier 2.5 stream have the opportunity to object to a stream listing. Objectors must include their name, address, telephone number and tax number of their property, as well as their status as a real property owner or holder of a legal interest in the property. Objections must also include the name of the stream.

"Once the objection process is complete, the DEP will evaluate each objection and make a final determination as to whether a stream will remain on the Tier 2.5 list.

‘Public participation is an important part of this process,’ said Division of Water Resources Director Allyn Turner. ‘Now is the time for those directly affected to review the Tier 2.5 list and learn more about the anti-degradation process.’"

Beginning on February 25 the DEP will hold a series of public meetings around the state to hear landowner objections to the Tier 2.5 list. The streams on this list are considered by DEP as our "high quality" or "reproducing trout streams." Under the law passed last year, the list was "presumptive" pending the objections of landowners who actually own property that a Tier 2.5 stream runs through and who could be adversely affected by the Tier 2.5 designation. In filing these objections, landowners must provide some data that refutes the DEP data that allowed the listing.

Here are the dates and locations for the public meetings for the Tier 2.5 objection process. All meetings will be from 7:00 PM - 9:00 PM. You may want to attend some of these meetings, just to let DEP know that we are monitoring the process, and to possibly speak against some of the objections that may be filed to streams that YOU own – particularly those streams on YOUR public lands.

• 2/25/02 Morgantown – Lakeview Resort, Chestnut Ridge Ballroom
• 2/25/02 Richwood – Richwood High School Auditorium
• 2/25/02 Moorefield – Moorefield High School Cafeteria
• 2/26/02 Franklin – Pendleton County High School Auditorium
• 2/26/02 Canaan Valley – Canaan Valley State Park Lodge, Pine Room
• 2/26/02 Snowshoe – Snowshoe Mt. Lodge, Lower Level, Condo Marker #10
• 2/27/02 Philippi – Philippi City Hall, Basement
• 2/27/02 Lewisburg – East Greenbrier Junior High School Auditorium
• 2/28/02 Elkins – Davis & Elkins College, McNeel Auditorium
• 2/28/02 Webster Springs – Webster County High School Theater
• 3/4/02 Chapmanville – Chapmanville High School Band Room
• 3/5/02 Hinton – Summers County High School Auditorium
• 3/5/02 Wayne – Spring Valley High School Auditorium