Rappahannock League for Environmental Protection

Want to help preserve the Hazel but aren't sure just what Tier III designation would mean? Here are answers to some frequently asked questions (FAQs) about Tier III:

Q.The Hazel has been nominated for Tier III three times without getting the designation. What's going on?

A.The nomination process, begun in 1993, was held up because of amendments to the Exceptional Waters Program and clarification of the program process. The nomination was resubmitted for the third time on June 28, 2005.

Q. I own property along the Hazel River. How does a Tier III designation help me?

A. First, it increases your property value, as your property is next to a river that will have the highest quality rating for rivers in the United States. Second, you will be assured that this rating remains in place, since no new or expanded point discharges can be made into the river. Third, your personal recreational use of your property will be enhanced. Fourth, good clean water is becoming scarce with more people drawing down water supplies—the Hazel starts in Shenandoah National Park, so your source is protected. Fifth, your ability to place your property into a conservation easement or obtain grants for conducting what Virginia defines as "best management practices" (BMPs) in managing your property will be enhanced.

Q. Can I withdraw water from the Hazel River for irrigation purposes?

A. Again, EPA has no jurisdiction over local usage. Virginia property owners are governed by 9 VAC 25-800, Virginia Water Protection General Permit for Minor Surface Water Withdrawals. Tier III designation has no impact on surface-water withdrawals.

Q. Does Tier III designation offer more protection for the Hazel than Rappahannock County's comprehensive plan?

A. Tier III designation for the Hazel is 100-percent compatible with the county's comprehensive plan. The county currently protects the Hazel River to the same extent that Tier III will. This is not a departure from current policy and regulation in the county. The Tier III designation is a tool that could be used in the future by the county if it faces threats to its current ordinances and comprehensive plan.

Q. Will my property rights be violated if the Hazel is classified as a Tier III river?

A. The following is a quote from Virginia's DEQ, Guidance Memorandum No. 04-2021, dealing with Tier III matters:

"During the public participatory process, private riparian landowners often express concern that the impact of an Exceptional State Waters [Tier III] designation will extend beyond a prohibition on new or increased point discharges. However, these concerns are unwarranted. For example, the Board [Virginia State Water Control Board] does not have any jurisdiction over property rights and an Exceptional State Waters designation does not allow for public access to the designated segment through private property. An Exceptional State Waters designation does not give the state the authority via the designation to acquire land through eminent domain. Designation does not interfere with property rights."

Q. Will I still be able to water my cattle in the Hazel?

A. Tier III will not change the status on this. EPA has no jurisdiction over local usage. Virginia's BMPs are not mandatory, so it's up to you to decide.

Q. I want to repair a farm road; will a Tier III designation stop me?

A. No. Tier III allows for a temporary lowering of water quality for such activities as the "construction, installation, maintenance, replacement and/or repair of roads, bridges, boat ramps or docks, sea walls, outfall or intake structures, and dams."

If you have questions on the Tier III designation for the Hazel River, e-mail RLEP at mail@RLEP.org or call Sally Mello at 540-937-5062.

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