South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-119 - Surface Water Withdrawal, Permitting, Use, and Reporting › Sec2 61-119.E - PERMITS FOR NEW OR EXPANDING SURFACE WATER WITHDRAWERS AFTER JANUARY 1, 2011 › Section 61-119.E.3 - Evaluation Criteria

Current through Register Vol. 48, No. 6, June 28, 2024
a. The
				Department will evaluate each proposed activity requiring a new or modified
				surface water withdrawal permit to evaluate the reasonableness of the proposed
				activity, excepting those projects permitted under Section
				49-4-40
				or Section
				49-4-45(A)(1)
				 which will be subject to only the
				requirements contained in those sections. This evaluation shall address the
				impacts of the withdrawal on the surface water body and will make
				determinations in compliance with the requirements of Section
				49-4-10 et
				seq. and this regulation. If a proposed new or expanding project is determined
				to be reasonable based on these criteria, a permit must be issued. Surface
				water withdrawals made by permitted or registered withdrawers shall be presumed
				to be reasonable. In assessing the reasonableness of the proposed withdrawal,
				the Department will address and consider the following factors.
i. The minimum instream flow or minimum water
				level for the surface water source at the location of the proposed surface
				water withdrawal will be evaluated as follows.
(A) The minimum instream flow for stream
				segments that are not downstream of a licensed or otherwise flow controlled
				impoundment or that are no longer materially influenced by a licensed or
				otherwise flow controlled impoundment is forty (40) percent of the mean annual
				daily flow for the months of January, February, March, and April; thirty (30)
				percent of the mean annual daily flow for the months of May, June, and
				December; and twenty (20) percent of the mean annual daily flow for the months
				of July through November. The minimum instream flow for stream segments that
				are not downstream of and influenced by a licensed or otherwise flow controlled
				impoundment or that are no longer materially influenced by a licensed or
				otherwise flow controlled impoundment will be calculated as follows:
(1) an appropriate USGS or Department
				approved gaging station (or stations as appropriate), known as an index
				station, for determining the flow at the withdrawal point will be determined,
				considering factors such as but not limited to drainage area, flow
				characteristics, physiographic province, period of record, and land
				use;
(2) the mean annual daily flow
				coefficient (CFS/square mile) at the index station will be determined with
				adjustments as needed to address the impact of any withdrawals or discharges
				upstream of the gaging station;
(3)
				the mean annual daily flow at the proposed withdrawal site will be determined
				based on the appropriate gage information and the drainage area at the proposed
				withdrawal site; and
(4) the three
				seasonal minimum instream flows will be developed based on twenty (20) percent,
				thirty (30) percent and forty (40) percent of the calculated mean annual daily
				flow.