8 CAR PT. 21

APPENDIX E

Criteria to be Considered in Determining Whether the Designated Use of Extraordinary Resource Water, Ecologically Sensitive Waterbody, or Natural and Scenic Waterway Should be Maintained

DETERMINING WHETHER THE DESIGNATED USE OF EXTRAORDINARY RESOURCE WATER, ECOLOGICALLY SENSITIVE WATERBODY, OR NATURAL AND SCENIC WATERWAY SHOULD BE MAINTAINED

The determination of whether a designated use of Extraordinary Resource Water, Ecologically Sensitive Waterbody, or Natural and Scenic Waterway should be maintained in a given waterbody must be made on a case by case basis. At least 180 days prior to filing any petition authorized under Rule 2.310 to initiate rulemaking with the Commission to remove the designated use of Extraordinary Resource Water, Ecologically Sensitive Waterbody, or Natural and Scenic Waterway from a free flowing waterbody for the purpose of constructing a reservoir to provide a domestic water supply, the petitioner shall submit to the division information and supporting documentation which address each of the following:

1. (A) Describe generally and specifically the state of the existing water quality;
2. (B) Identify the presence of key and indicator species of fish adapted to flowing water systems and state the extent to which these species are present in the waterbody;
3. (C) Describe the extent to which water quality and physical habitat, including wetlands, support other plant or animal life and identify the species;
4. (D) Identify the presence of, and state the extent to which, other wildlife uses are dependent upon the waterbody;
5. (E) State the extent to which water quality and physical habitat support threatened, endangered, or endemic aquatic or semi-aquatic species and identify those species;
6. (F) Specify the extent to which the waterbody supports a high diversity of aquatic species and identify the presence and frequency of the species;
7. (G) Describe and identify the extent to which physical or chemical characteristics of the waterbody provide an unusual or uncommon aquatic habitat;
8. (H) Describe the extent to which physical or chemical characteristics give the waterbody unusual or unique aesthetic attributes;
9. (I) Specify the extent of the use of the waterbody for recreation in or on the water, such as fishing, swimming, and boating (including but not limited to canoeing, kayaking, or rafting), or use of the waterbody for commercial activity, including tourism;
10. (J) Identify and describe the intangible social values associated with the free flowing characteristics of the waterbody;
11. (K) Identify the presence and location of gorges, rapids, waterfalls, or other significant geologic features;
12. (L) Identify the presence and location of scenic areas and sites potentially impacted by the reservoir;
13. (M) Identify the presence and location of rare and/or irreplaceable natural areas potentially impacted by the reservoir;

(N) Identify the presence and location of known archeological sites potentially impacted by the reservoir; (O) Identify the presence and location of historic resources potentially impacted by the reservoir; (P) Delineate the extent to which the waterbody is located within the boundaries of, flows through, or is adjacent to state or federal forest land, parks, natural areas, nature preserves, refuges, or wildlife management areas; (Q) Describe the extent to which the waterbody is used for educational, scientific, or research purposes; (R) Identify the waterbody's use or potential use as an ecoregion reference stream; (S) Describe the land uses, and the geographical extent of each, occurring within the watershed; (T) Identify the presence and location of all permitted point sources discharging to the waterbody; (U) Identify the presence and location of existing alterations, diversions or man-made impoundments; and (V) Provide the frequency of occasions when there is no natural flow in the waterbody, and the Q7-10 flow values for the waterbody.