DHEC turns down Duke Energy permits
Last Updated on 5/30/2012
Published on 7/9/2009
Conservation groups and South Carolina Attorney General Henry McMaster argued against permits for dams before the board of the state Department of Health and Environmental Control Thursday.
Board members turned down a request from Duke Energy for water quality permits for five dams on the Catawba-Wateree River.
The Southern Environmental Law Center, representing the South Carolina Coastal Conservation League and American Rivers, argued that the relicensing should not be granted.
McMaster said if the board issued the permits, it would send the wrong kind of message in the state's fight against a plan for North Carolina to take 10 million gallons of water per day from the Catawba River.
The groups challenged DHEC's proposed approval of excessively low water flows into South Carolina from Duke Energy's hydroelectric plants in the heavily dammed Catawba-Wateree River because the dams would have released water in flows that were routinely too low to sustain South Carolina's aquatic habitat and threatened efforts to protect the federally-endangered shortnose sturgeon native to the Catawba-Wateree River.
In its proposal, Duke Energy offered land conservation and money in exchange for approval of the low and variable water flows.
SELC attorneys argued that such out-of-kind mitigation would not have replaced the river flow being lost and could not compensate for the violations of water quality standards and adverse impacts to South Carolina aquatic life and recreation caused by the low water flows.
In June 2009, DHEC gave notice of its intent to certify under section 401 of the Clean Water Act that Duke's proposed operation of five dams along the river in South Carolina would not violate the state's water quality standards despite concerns.
If allowed, the proposed DHEC certification would have conflicted with actions by South Carolina Attorney General Henry McMaster who also testified at Thursday's hearing.
McMaster petitioned the U.S. Supreme Court to equitably allocate water in the Catawba River between North Carolina and South Carolina.
He told the DHEC board that the proposed water quality permit didn't do enough to protect the watershed from pollution and withdrawal of too much water.
He asserted that information Duke Energy supplied to DHEC was flawed. And, he said, DHEC didn't contact his office.
"The consequences of DHEC's certification in current form could be disastrous to the state of South Carolina's case," he said.
Duke tried unsuccessfully to keep McMaster from speaking to the board.
The S.C. Coastal Conservation League and American Rivers say Duke Energy -- based in Charlotte, N.C. - hasn't done enough to make sure the Catawba and Wateree rivers maintain good water quality.
Duke will decide over the next several weeks whether it will appeal Thursday's denial by the DHEC board.
State Editor Tommy Howard contributed to this story.
