S.C. Code Regs. § 61-119.F.1

Current through Register Vol. 48, No. 3, March 22, 2024

Section 61-119.F.1 - Public Notice of New Permits Not Considered Interbasin Transfers or Expanding Surface Water Withdrawals After January 1, 2011

Upon receipt of a complete application and filing fee for a new surface water withdrawal permit not considered an interbasin transfer under this regulation or a proposal to significantly increase the amount of water that may be withdrawn under an existing permit, the Department must, within thirty (30) days, provide the public with notice of the application.

a. The Department will publish notice of the proposed withdrawal or increased withdrawal:

i. in accordance with the Department's usual public notice procedures;

ii. in a newspaper of statewide circulation and in the local newspaper with the greatest general circulation in the affected area; and

iii. on the Department's website.

b. The public notice must contain:

i. the location of the proposed withdrawal or increased withdrawal;

ii. the amount of the proposed withdrawal;

iii. the use for which the water will be withdrawn;

iv. a description of the procedure that a person must follow to submit a comment concerning the proposed withdrawal or increase; and

v. the process for requesting a public hearing concerning the application.

c. If within thirty (30) days of the publication of the public notice the Department receives a request to hold a public hearing from at least twenty (20) citizens or residents of the affected area, the Department must conduct a hearing. A hearing may also be held whenever the Department staff determines that it may be useful in reaching a decision on an application. The hearing must be held within ninety (90) days of the close of the initial public notice period at an appropriate time and in an appropriate location near the specific site of the proposed surface water withdrawal. The hearing may not be held until after at least thirty (30) days' notice is given to the public. Notice shall be provided as in F.1.a above and shall include the provisions of F.1.b plus the date, time and location of the hearing.

d. If a public hearing is held, the public comment period on an application will automatically be extended to fifteen (15) days past the date of the hearing. Further extensions may be granted at the discretion of the Department.

e. The following fifteen (15) river basins are to be used when determining the affected area for a particular surface water withdrawal application. 'Affected area' is defined in section B as that portion of a county or counties within a river basin that, under the circumstances, are determined by the Department to likely be affected by a proposed surface water withdrawal.

i. The Upper Savannah River Basin drains the area from the headwaters of the Savannah River at the border with North Carolina and Georgia to Stevens Creek Dam and encompasses McCormick and Oconee Counties and portions of Abbeville, Aiken, Anderson, Edgefield, Greenwood, Pickens and Saluda Counties.

ii. The Lower Savannah River Basin drains the area from Stevens Creek Dam to the mouth of the Savannah River at the Atlantic Ocean and encompasses portions of Aiken, Allendale, Barnwell, Edgefield, Hampton and Jasper Counties.

iii. The Saluda River Basin drains the area from the headwaters of the North and South Saluda Rivers at the border with North Carolina to the confluence of the Saluda River with the Broad River and encompasses portions of Abbeville, Aiken, Anderson, Edgefield, Greenville, Greenwood, Laurens, Lexington, Newberry, Pickens, Richland and Saluda Counties.

iv. The Broad River Basin drains the area from the headwaters of the Tyger River in Greenville County, the Enoree and Pacolet Rivers in Spartanburg and Greenville Counties and the Broad River at the border with North Carolina to the confluence of the Broad River with the Saluda River and encompasses Cherokee, Spartanburg and Union Counties and portions of Chester, Fairfield, Greenville, Laurens, Lexington, Newberry, Richland and York Counties.

v. The Congaree River Basin drains the area from the confluence of the Broad and Saluda Rivers to the confluence of the Congaree River with the Wateree River and encompasses portions of Calhoun, Lexington and Richland Counties.

vi. The Catawba-Wateree River Basin drains the area from Lake Wylie at the North Carolina border to the confluence of the Wateree River with the Congaree River and encompasses portions of Chester, Fairfield, Kershaw, Lancaster, Lee, Richland, Sumter and York Counties.

vii. The Lynches River Basin drains the area from the Lynches River at the North Carolina border to the confluence of the Lynches River with the Pee Dee River and encompasses portions of Chesterfield, Darlington, Florence, Kershaw, Lancaster, Lee, Sumter and Williamsburg Counties.

viii. The Pee Dee River Basin drains the area from the Pee Dee River at the North Carolina border to the confluence of the Pee Dee River with the Waccamaw River at Winyah Bay and encompasses portions of Chesterfield, Darlington, Dillon, Florence, Georgetown, Horry, Marion, Marlboro and Williamsburg Counties.

ix. The Little Pee Dee River Basin drains the area from the Little Pee Dee River and Lumber River at the North Carolina border to the confluence of the Little Pee Dee River with the Pee Dee River and encompasses portions of Dillon, Horry, Marion and Marlboro Counties.

x. The Black River Basin drains the area from the headwaters of the Black River in Kershaw County to the confluence of the Black River with the Pee Dee River and encompasses portions of Clarendon, Florence, Georgetown, Kershaw, Lee, Sumter and Williamsburg Counties.

xi. The Waccamaw River Basin drains the area from the Waccamaw River at the North Carolina border to the mouth of Winyah Bay at the Atlantic Ocean, the area drained by Bull Creek, the area drained by the Sampit River as well as the coastal areas north to Little River Inlet and the North Carolina border and south to South Island and encompasses portions of Georgetown, Horry and Williamsburg Counties.

xii. The Lower Santee River Basin drains the area from the confluence of the Congaree and Wateree Rivers to the mouth of the Santee River at the Atlantic Ocean and encompasses portions of Berkeley, Calhoun, Charleston, Clarendon, Georgetown, Orangeburg, Sumter and Williamsburg Counties.

xiii. The Edisto River Basin drains the area from the headwaters of the North Fork and South Fork Edisto Rivers in Edgefield, Lexington and Saluda Counties to the mouth of the South Edisto River at St. Helena Sound and the North Edisto River at the Atlantic Ocean and encompasses portions of Aiken, Bamberg, Barnwell, Berkeley, Calhoun, Charleston, Colleton, Dorchester, Edgefield, Lexington, Orangeburg and Saluda Counties.

xiv. The Ashley-Cooper River Basin drains the area from the headwaters of Cypress Swamp and Wadboo Swamp in Berkeley County and the Diversion Canal between Lakes Moultrie and Marion to the mouths of the Ashley and Cooper Rivers at Charleston Harbor and the Atlantic Ocean as well as the coastal areas north to Murphy Island and south to Seabrook Island and encompasses portions of Berkeley, Charleston and Dorchester Counties.

xv. The Combahee-Coosawhatchie River Basin drains the area from the headwaters of the Salkehatchie River in Barnwell County to the confluence of the Combahee River with St. Helena Sound and the Atlantic Ocean and the headwaters of the Coosawhatchie River in Allendale County to the confluence of the Broad River with Port Royal Sound and the Atlantic Ocean as well as the coastal areas south to the Georgia border and encompasses Beaufort County and portions of Aiken, Allendale, Bamberg, Barnwell, Colleton, Hampton and Jasper Counties.

S.C. Code Regs. 61-119.F.1