Greenville Water System (GWS) owns and operates two 30 inch raw water transmission mains for the purpose of transporting raw water from the Table Rock Reservoir in the South Saluda River to the GWS treatment plant in northern Greenville County. GWS proposes to construct an additional 7.8 mile 42-inch raw water transmission main from the Table Rock Reservoir in Pickens County. The proposed construction route will cross the South Saluda River, Duck Creek, Matthews Creek, and numerous tributaries to the South Saluda River and Duck Creek for a total of at least 26 total river crossings. The proposed route will also cross three wetland areas associated with Matthews Creek. The construction of the project, according to GWS, will result in the filling of 0.332 acres of wetland and 0.2451 acres of open water. DHEC issued a water quality certification and permit for construction in navigable waters for the project.
We appealed to the DHEC Board on various grounds, including an argument that DHEC should impose special conditions on the permit and certification requiring GWS to release minimum flows to the river to maintain water quality and habitat for marine life. The DHEC Board heard the case in April, 2009. The Board said it was sympathetic but that DHEC lacks authority to impose such a special condition. We believe this ruling was plain error.