S.C. Code Regs. § § 61-101.F

Current through Register Vol. 48, No. 9, September 27, 2024

Section 61-101.F - SCOPE OF REVIEW FOR APPLICATION DECISIONS

1. The Department shall prepare a written assessment on each proposed activity requiring a Federal license or permit. This assessment shall address the water quality impacts of the project and will make conclusions concerning compliance with water quality standards, protection of classified uses, and related water quality impacts. Such assessment shall be available to the applicant and to the public upon request.

2. A certification shall be issued if the applicant has demonstrated that the project is consistent with the provisions of these regulations; the State Water Quality Standards, R.61-68; and the Federal Clean Water Act, 33 U.S.C. 1341, and regulations promulgated thereunder by the U.S. Environmental Protection Agency.

3. In assessing the water quality impacts of the project, the Department will address and consider the following factors:

(a) whether the activity is water dependent and the intended purpose of the activity;

(b) whether there are feasible alternatives to the activity;

(c) all potential water quality impacts of the project, both direct and indirect, over the life of the project including:

(1) impact on existing and classified water uses;

(2) physical, chemical, and biological impacts, including cumulative impacts;

(3) the effect on circulation patterns and water movement;

(4) the cumulative impacts of the proposed activity and reasonably foreseeable similar activities of the applicant and others.

4. Certification of the activities listed below will be issued when there are no feasible alternatives. When issuing certification for such activities, the Department shall condition the certification upon compliance with all measures necessary to minimize adverse effects, including stormwater management. The Department shall issue proposed certification decisions on such applications within sixty (60) days of acceptance of the application unless otherwise suspended or in accordance with State permitting agency procedures. The Department will also attempt to issue general certifications for such activities.

(a) public boat ramps to enhance recreational use of waters.

(b) filling necessary for public highways or bridges.

(c) filling or disturbances to facilitate construction of electric transmission lines or other public utility crossings, including those of rural electric cooperatives.

(d) dredging and filling related to maintenance of Federal or State navigational channels and ports.

(e) activities utilizing Best Management Practices (BMP) which are part of an established on-going farming, ranching, aquaculture, or silviculture operation.

(f) public water supplies.

5. Certification will be denied if:

(a) the proposed activity permanently alters the aquatic ecosystem in the vicinity of the project such that its functions and values are eliminated or impaired;

(b) there is a feasible alternative to the activity, which reduces adverse consequences on water quality and classified uses;

(c) the proposed activity adversely impacts waters containing State or Federally recognized rare, threatened, or endangered species;

(d) the proposed activity adversely impacts special or unique habitats, such as National Wild and Scenic Rivers, National Estuarine Research Reserves, or National Ecological Preserves, or designated State Scenic Rivers;

6. Certification will not be issued unless the Department is assured appropriate and practical steps including stormwater management will be taken to minimize adverse impacts on water quality and the aquatic ecosystem.

7. After-the-fact certifications will be reviewed under the same standards as normal applications; however, the Department may require restoration and/or other actions as a condition of certification. The applicant in such cases shall have the burden of proving the original baseline conditions, and certification may be denied in the absence of such proof.

S.C. Code Regs. § 61-101.F