ORDERS:
ORDER
WHEREAS, the Petitioner and Respondent
have agreed to a resolution of the above-captioned appeal as set forth below;
and,
WHEREAS, the resolution results in an
amendment of those certain portions of the 401 Water Quality Certification for
Permit No. P/N 2000-1P-194-W, specifically Certification condition no. 4 that
controls the release of water from the Lake Blalock Reservoir, and condition no.
5 concerning water conservation measures;
NOW, THEREFORE, it is hereby agreed by
the parties, as indicated by the signature of their attorneys hereto, that the
Certification and Permit shall be amended to replace the condition controlling
the release of water from the Lake Blalock Reservoir (condition no. 4) and
water conservation measures (condition no. 5) as follows:
4. Minimum releases from the lake must be
as follows:
Tier 1.-- If the lake elevation is 709 ft
MSL or higher, a minimum release of the following regardless of inflow is
required:
January-April 162 cfs
May, June, December 122 cfs
July-November 81 cfs
Tier 2.-- If the lake
elevation is between 705 ft MSL and 709 ft MSL, a minimum release of the
following is required:
January-April 122 cfs
May, June, December 81 cfs
July-November 61 cfs
Special Note: If unforeseen
conditions exist, the SWS will provide a written request to the Division of
Water Quality explaining the conditions and requesting a temporary change to
the minimum downstream release requirement.
Tier 3.-- If the lake elevation is
between 694 ft MSL and 705 ft MSL, a minimum release of the following is required:
a) If
inflow is greater than the minimum releases in Tier 1, release;
January-April 81 cfs
May, June, December 61 cfs
July-November 61 cfs
b) If inflow is less than then minimum
releases in Tier 1, release 61 cfs;
c) If inflow is less than 61 cfs, release
inflow
Special Note: If unforeseen
conditions exist, the SWS will provide a written request to the Division of
Water Quality explaining the conditions and requesting a temporary change to
the minimum downstream release requirement.
Tier 4.-- If the lake elevation is below
694 ft MSL, a minimum release of the following is required:
Inflow less evaporation, but not more
than 61 cfs and not less than 30 cfs, unless the Department determines an
alternate minimum flow is appropriate as described below.
Notification Requirements:
SWS is to notify the Division of Water
Quality of the initiation and cancellation of Tier 3 and Tier 4 drought
conditions and to periodically apprise the Division of reservoir conditions
throughout the drought event. If, due to event specific drought conditions, SWS
anticipates the need for Tier 4 flows differing from those provided above, SWS
must initiate discussions with the Department no later than the time at which
the surface elevation of Lake Blalock reaches 700 feet. This is to allow time
to for the Department to determine actual conditions in the Pacolet River upon
which to potentially base an alternate flow regime. Conditions to be considered
include, but are not limited to, water quality, downstream discharge loadings
and upstream inflows. Approval of a Tier 4 flow of less than 30 cfs from Lake
Blalock will be at the sole discretion of the Department.
Monitoring Requirements:
Since compliance with this agreement is
dependent on having accurate information on lake level and inflow and outflow
from the lake, SWS shall maintain a system, in coordination with the Division
of Water Quality, to monitor the inflow, outflow, and lake level and have data
available for SCDHEC upon request.
5. SWS agrees to maintain a Drought
Management Plan in accordance with the Drought Response Act. After completion
of the modifications to the Lake Blalock Dam, SWS will update its Drought
Management Plan and will follow its recognized water conservation measures.
THEREFORE IT IS HEREBY ORDERED that this amendment shall become
effective upon filing of this executed Order.
AND IT IS SO ORDERED.
__________________________
CAROLYN C. MATTHEWS
Administrative Law
Judge
Columbia, South Carolina
November 1, 2006
WE CONSENT:
______________________________________________________
Respondent
Department of Health and Environmental Control
By:
Stephen P. Hightower, Esquire
________________________________
Petitioner
Spartanburg Water System
By:
Newman J. Smith, Esquire |
