VIRGINIA'S HAZEL RIVER

What's Tier III all about?

	The Hazel River as it tumbles out of Shenandoah National Park. Photo courtesy Pam Owen.

by Don Audette, Fall 2005

Old Sears, Roebuck & Company ads made use of the terms "good," "better," and "best" for their products. In like manner, the United States Environmental Protection Agency and the states have divided all surface water in the United States into three water-quality categories: Tier 1 (good), Tier 2 (better), and Tier III (best). Each carries a certain level of "antidegradation" protection to keep the quality from getting worse.

The interesting aspect of this system is that ordinary citizens can identify and nominate surface water for an "exceptional," or Tier III, designation. According to the Commonwealth of Virginia,

"The intent is to provide extra protection for waters that exhibit exceptional scenic beauty, aquatic life, or recreational opportunities. The Exceptional Waters Program prevents new or increased [point source] discharges into a water body to preserve its current water quality for the benefit of future generations."

Nominations are presented for consideration as "Exceptional State Waters" to the State Water Control Board (SWCB), composed of citizens who make regulatory decisions about water issues in Virginia. This designation is a part of the state's water-quality regulations, as required by EPA. The regulatory process takes about two years to complete. It provides considerable opportunity for public comment and participation before the SWCB makes a final decision on the designation.

This process is currently under way for the Hazel River in Rappahannock and Culpeper County. On June 28, 2005, Sally Mello, the coordinator for the Hazel River Tier III effort, submitted a petition to the Virginia DEQ to have the Hazel River nominated for a designation as an exceptional water. An addendum was required and was forwarded in July 2005. The SWCB noted the nomination was formally received on September 27, 2005. Ordinary citizens, the Hazel River Task Force, Rappahannock Friends and Lovers of Our Watershed (RappFLOW), RLEP, Concerned Citizens of Culpeper Inc., Piedmont Environmental Council, and others are supporting this effort.

The nomination process is currently at the point where the SWCB has done the following:

• Requested the names and addresses of riparian property owners along the Hazel River.
• Notified the Rappahannock County government of the nomination and asked if it is consistent with the county's comprehensive plan.
• Requested comment from the public.

The names and addresses of property owners along the Hazel River have been provided by the county so first-class letters could be mailed to them informing them of the nomination and requesting their comment. Landowners along the river are likely to have questions about how a Tier III designation will affect them and their land. We've tried to address a few of these in Tier III FAQs.

If you'd like to comment on the Tier III nomination, send an e-mail or letter to DEQ, with a copy to Rappahannock County Administrator John McCarthy, so the county government may know your opinion on this issue. In addition, contacting your local supervisor is critical. (Click here for deadlines.)

Virginia Department of Enviromental Quality
David C. Whitehurst
P.O. Box 10009
Richmond, VA 23240
E-mail: dcwhitehurst@deq.virginia.gov
Fax: 804-698-4116

Rappahannock County Administrator
John McCarthy
P.O. Box 519
Washington, VA 22747
E-mail: jwm@shentel.net
Fax: 540-675-5331

Contact information:
Rappahannock County Board of Supervisors

Contact information:
Culpeper Board of Supervisors

All comment received by DEQ will be put into a report for the consideration of the SWCB in January 2006. At that meeting the board will make a decision on whether to initiate a "Notice of Intended Regulatory Action" or drop further action. If the SWCB decides to proceed, the next phase is the regulatory designation process, with more public comment and meetings, before a final Exceptional State Water designation is made, with EPA approval. For complete information on the process, read DEQ's publication Get the Facts: Exceptional State Water (pdf, 1 MB).

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