DEQ-CFW_00012504

Examples ofhovv to evaluate when-WQS apply.
DEQ-CFW 00012504

National assessment of surface water.
The magnitudes of mean annual minimum and
maximum streamflows were found to have
been alftexe-d �i�-O �—�ssessed stre,?-,ms..."
"Human influence on watershed hydrology is extensive
and... may be the primary cause of
ecological impairment in river and stream
ecosystems."
Carlisle, Wolock and Meador, 2010
U. S. G. S.
DEQ-CFW-00012505

National ssess e Ground Water
"Groundwater depletion can have negative impacts on water
supply ... can lead to land subsistence, reduction in surface water flows
and spring discharges and loss of wetlands."
The rate of groundwater depletion "... is a serious global problem that
threatens sustainability of water supplies."
Dramatic increase in groundwater withdrawals from 2000-2008 - more
than 2.7 times the 1900 — 2008 average.
Leonard F. Konikow, 2013
U.S.G.S
DEQ-CFW 00012506

Climate Change
Climate change adds to and magnifies stressors that already exist in
aquatic ecosystems, such as over extraction, fragmentation and
groundwater depletion.
Climate change is not the only risk most rivers face and "in many areas,
the ecological impacts from human activities will far exceed
the impacts from climate change:'
The stressors most likely to intensify the negative effects of climate
change include land use change and excessive extraction of surface
water and groundwater.
-from Palmer, Lettenmaier, Poff, Postel, Richter andWarner (2009)
DEQ-CFW 00012507

Providingin
"Restoring floodplain connectivity, restoring stream flow
regimes, and re-aggrading incised channels are most likely to
ameliorate streamflow and temperature changes and increase
habitat diversity and population resilience...." (Beechie,
Imakie, & Greene, 2012)
Proactively restoring waters, including ground water/surface
water management, can protect existing resources or
minimize the effects of climate change. (Palmer,
Lettenmaier, Poff, Postel, Richter and Warner, 2009)
DEQ-CFW 00012508

The 4 Part Test
Is it a legally binding provision adopted or established pursuant to
state or tribal law? AND
Does the provision address designated uses, water quality criteria
(narrative or numeric) to protect designated uses, and/or
antidegradation requirements for waters of the United States? AND
Does the provision express or establish the desired condition (e.g.,
uses, criteria) or instrearn level of protection (e.g., antidegradation
requirements) for waters of the United States immediately or
mandate how it will be expressed or established for such waters in
the future? AND
4. Does the provision establish a newWQS or revise an existingWQS?
Water planning = hydrologic alteration.
When does that hydrologic alteration equal a change to WQS.
DEQ-CFW 00012509

Example" 15A NCAC 02K,0502
Required Minimum Flowf m
A dam proposed for a small stream with a mean annual daily
flow less than or equal to 3.0 cfs...
0 (1) if the mean annual daily flow is less than or equal to 3.0 cfs
and the 7Q10 is less than or equal to 0.2 cfs ... then no
minimum flow is required.
0 (2) If the mean annual daily flow is less than or equal to 3.0 cfs
and the 7Q 10 is less than or equal to 0.2 cfs ... the minimum
release shall be equal to the 7Q10.
0 (3) If the mean annual daily flow is less than or equal to 3.0 cfs
and the 7Q10 is greater than 0.2 cfs ... then the minimum
release shall be equal to the 7Q10.
DEQ-CFW 00012510

w Language esniWater
Planning en
"The State is advised that when flows are reduced on a
waterbody, any existingTMDLs should be reviewed and/or
revised to take those reduced flows into account. Similarly,
should the reduced flows be in a segment with an NPDES
permit, those permits should be reviewed to ensure that the
reduced flows are used in the calculations for effluent limits
and permit conditions be revised as appropriate."
EAs, EISs, and if the project goes ahead...
DEQ-CFW 00012511

U 'Sher rep ponses...
*"This project should be consistent with
the State's EPA -approved state WQS."
"This project should not cause or
contribute to a violation of state WQS."
DEQ-CFW-00012512