ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Friday, December 13, 1996 TAG: 9612130091
SECTION: VIRGINIA PAGE: B-5 EDITION: METRO
DATELINE: RICHMOND
SOURCE: Associated Press
The State Water Control Board for the first time designated a pristine stream for permanent protection from pollution under a program created four years ago.
However, the board on Thursday delayed action on three other streams because of concerns about the rights of property owners. The stream designated for protection, North Creek in Botetourt County, is entirely on federal land.
The ``exceptional waters program'' is required of states under the federal Clean Water Act. The state water board adopted the program in May 1992 but delayed implementation several times.
``This is just further delay,'' Kay Slaughter of the Southern Environmental Law Center said after the water board opted for further study of the streams where private landowners would be affected. ``It won't happen during this administration.''
Environmentalists have frequently criticized Gov. George Allen's administration as too sensitive to the concerns of developers and industry. Business interests and some local officials have opposed the exceptional waters program, calling it anti-development.
Five of the seven water board members are Allen appointees.
``There is no foot-dragging here,'' said Thomas Hopkins, director of the Department of Environmental Quality. ``This program is a federal requirement, but we have some flexibility. We are using that flexibility to make sure everyone's constitutional rights are protected.''
A state law that took effect July 1 requires notification of property owners along streams that are being considered for the program. Groups that nominated the streams wrote letters to the landowners, but the board determined that it was responsible for the notification.
Citizen and conservation groups have recommended 33 streams for designation as exceptional waters.
The water board proposed in October 1993 to protect five trout streams first, because they had generated no opposition. In addition to the North Creek in the Jefferson National Forest, they are the Moormans River in Albemarle County, Whitetop Laurel Creek in Washington County and Stewarts Creek and Crooked Creek in Carroll County.
The board on Thursday rejected Crooked Creek. The DEQ staff determined it did not meet the program's criteria.
Board members decided to visit the other streams before deciding whether to put them on the list. Also, the board will not vote on the other streams until at least 60 days after landowners have been notified.
LENGTH: Medium: 54 linesby CNB