Designate as an exceptional state surface water Cove Creek, Little Cove Creek and its tributaries, Rocky Branch, North Fork of the Buffalo River from its confluence with Rocky Branch downstream to the National Forest boundary, Roberts Creek, and Shady Mountain Creek all of which are within Amherst County.

The State Water Control Board has delegated to the Director to proceed to the Notice of Intended Regulatory Action if no adverse comments are received on the petition from the potentially impacted localities and riparian landowners. If adverse comments are received, the Board will decide whether or not to move forward with the rulemaking at their first quarterly meeting of 2005.

The State Water Control Board had previously determinted that the nominated waters met the eligibility requirements for designation as an exceptional state surface water. The comment period has been completed and no adverse comments were received, so the Department is authorized to initiate a regulatory action and has done so.