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State of Wisconsin | Department of Natural Resources WATER QUALITY CERTIFICATION IP-WC-2023-9- 04428 14. This WQC may be updated or modified throughout the term of the license, as deemed necessary by the department and as provided under 40 CFR § 121.10. FINDINGS OF FACT Northern States Power-Wisconsin (NSPW) has requested a State Water Quality Certification (WQC) from the Wisconsin Department of Natural Resources (department), under Chapter NR 299, Wis. Adm. Code, and Section 401 of the Federal Clean Water Act for the purpose of relicensing the Cornell Hydroelectric Project (Project). The Project (P-2639) is located on the Chippewa River, in the City of Cornell, Chippewa County, Wisconsin. The Project is currently under review for re-licensing with the Federal Energy Regulatory Commission (FERC). The department has evaluated the proposal and determined that this activity will meet the standards found in s. NR 299.04, Wis. Adm. Code, and certification is granted, subject to the following conditions. If you would like to know more about this project contact Cheryl Laatsch at 920-382-9975, or Cheryl.Laatsch@wisconsin.gov. Reasonable accommodation, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. CONDITIONS 15. The 2021 Cornell Fish Entrainment Desktop Study Report conducted by Kleinschmidt (and updated by Interfluve) indicated potential sturgeon mortality exceeding the exploitation rates of the DNR statewide Lake Sturgeon Management Plan, based on existing trash rack spacing of 5.375-inch in the hydropower intake. Entrainment of fish may have an adverse effect on the fishery. 16. The Project is part of the Lower Chippewa River Settlement Agreement. The Agreement also includes Holcombe, Wissota, Dells, Jim Falls, and Chippewa Falls. 17. Section 2.3.3 of the Lower Chippewa River Settlement Agreement provides: “the terms of this settlement shall continue in effect, until the earlier of the expiration of the new FERC license (plus the term of an annual license) or the effective date of any FERC Order approving surrender of a project under Section 6 of the Federal Power Act.” 18. Based on the review of the applicant’s proposal and the above findings, the department concludes that there is a discharge from this project. There is reasonable assurance that operation and maintenance of dam as proposed by the application and as modified by this WQC, will not cause a violation of State’s water quality standards, and the dam will be in compliance with sections 301, 302, 303, 306, and 307 of the Federal Clean Water Act, P.L 92-500, as amended, and other appropriate requirements of state law. The department has made the determination that the proposed activity will comply with the State’s water quality standards enumerated in s. NR 299.04, Wis. Adm. Code, subject to the conditions identified in the permit conditions. 19. The department and the applicant have completed all procedural requirements. The Project as authorized will comply with all applicable requirements of s. 1.11 and ch. 281, Wis. Stats., Section 401 of CWA, and chs. NR 102, 103, 150 and 299 of the Wis. Adm. Code. 20. The Project, with the provisions of this WQC, will not adversely affect water quality, will not increase water pollution in surface waters, and will not cause environmental pollution as defined in s. 283.01(6m), Wis. Stats. 21. The Project will not adversely impact wetlands. 22. The department has determined that an Environmental Assessment for WEPA compliance is not necessary. 23. Provided the Project complies with the conditions in this State Water Quality Certification, the operation, and maintenance of the Project is in the public interest considering ecological, aesthetic, economic, and recreational values as referenced per state and federal law in s. NR 299.04 Wis. Adm. Code. 24. The department will participate in the federal FERC licensing process as appropriate. Justification: Under s. 29.604, Wis. Stats, endangered and threatened species are protected. Additionally, s. NR 103.03 (f), Wis. Adm. Code, is intended to protect existing habitat and populations of wetland animals. 7. Recreation Management Plan: The Plan shall identify all recreational features, within the Chippewa River corridor. The Plan shall provide a schedule for inspections and repairs to existing and future recreational amenities related to water quality. Justification: Section 31.02, Wis. Stats, and s. NR 299.04 (1)(b)6, Wis. Adm. Code, protect the public’s interest in navigable waters, including recreational opportunities. Under s. NR 102.04(5)(a), Wis. Adm. Code, all surface waters of the state shall be suitable for supporting the recreational designated use. The State of Wisconsin holds all navigable waters within the territorial jurisdiction of the State in trust for the benefit of the public. The rights include traditional recreational uses such as hunting, fishing, swimming, and boating. See Muench v. Public Service Comm., 261 Wis. 492 (1952). 8. Fish Stranding, Mortality, and Protection Plan: The Plan shall evaluate and establish procedures to protect, mitigate, or enhance the fishery, and to minimize and avoid fish stranding and egg desiccation resulting from dam operations. A primary feature of the Plan shall include limiting adverse impacts to lake sturgeon and achieving an exploitation rate consistent with the WDNR Lake Sturgeon Management Plan. Evaluations shall include gathering additional fishery data to determine population estimates, degree and extent of fish movement, the potential need for fish protection devices, and impacts associated with the dam operations at Cornell. Additionally, the Plan shall consider other fish species and statewide fish management plans. Justification: Section 31.02, Wis. Stats, and s. NR 299.04(1)(b)6., Wis. Adm. Code, protect the public’s rights in navigable waters. Water quality supports a healthy fish population. This condition also helps ensure the Chippewa River supports the warm water sport fish community designated use under s. NR 102.04 (3)(b), Wis. Adm. Code and meets the water quality standards under s. NR 102.04(1), Wis. Adm. Code. Additionally, s. 29.011 Wis. Stats. vests legal title to all wild animals in the state for the protection of all wild animals and for the purposes of regulating the use, dispositions and conservation of these wild animals. The State of Wisconsin holds all navigable waters within the territorial jurisdiction of the State in trust for the benefit of the public. The rights include traditional recreational uses such as hunting, fishing, swimming, and boating. See Muench v. Public Service Comm., 261 Wis. 492 (1952). The biological potential for the fish community, as indicated through IBI scores, may be impacted by dam operations. Dam operations can adversely affect habitat and fish populations. 9. Operations Plan: The licensee shall evaluate the Project’s dam operation associated with peaking, drawdowns, pool elevations, and fluctuations in water levels/flows and its effects on the resource. The Plan shall incorporate waterbody assessment procedures under ch. NR 102, Subchapter III, Wis. Adm. Code, to ensure the waters within the Project are attaining their designated uses. Evaluations shall include but not necessarily be limited to instream flow modeling, habitat, and flow suitability for game and non-game fish species, mussels, and macroinvertebrates. Additionally, the Plan shall develop procedures to meet designated uses, and establish hydrologic conditions downstream of the dam, that minimizes and avoid adverse impacts to the aquatic environment. Justification: Under s. NR 299.05 (3)(d)1., Wis. Adm. Code, the department is required to include a statement that there is a reasonable assurance that the activity will comply with the State’s water quality standards. The Operations Plan demonstrating compliance with the water quality standards in chs. NR 102, NR 103, NR 104, and NR 299, Wis. Adm. Code, as well as s. 31.02, Wis. Stats., provides reasonable assurance that the state’s water quality standards are being met. Dam operations can affect several water quality criteria, including dissolved oxygen and temperature. Section NR 102.51, Wis. Adm. Code, also provides for biological assessments to determine the attainment of designated uses. Dam operations can adversely affect habitat and fish populations. Consistent hydrologic regimes and the maintenance of minimum flows near as possible to natural conditions positively influences habitat quality downstream of affected facilities. 10. The licensee shall allow the department to inspect the Project at any time upon reasonable notification to monitor compliance with this WQC and applicable laws. Justification: On-site inspection is a critical element to gather necessary information for water quality certification compliance and quality control and assurance of data provided by the applicant. This authorization is required pursuant to s. NR 299.05 (3) (d)2.c., Wis. Adm. Code. 11. Your acceptance of this WQC signifies that you have read, understood and agreed to follow all conditions of this certification. 12. The Project shall conform to the standards for floodplain and shoreland development contained in chs. NR 115, NR 116, NR 117, Wis. Adm. Code and as may be implemented via local ordinance, as long as these requirements do not conflict with FERC license requirements. 13. This WQC is valid for the term of the license. 1. The Cornell Project is located on the Chippewa River, at approximately river mile 103, in the City of Cornell, Chippewa County, Wisconsin. The Cornell hydroelectric dam creates the Cornell Flowage, downstream of the Holcombe hydroelectric dam, located at approximately river mile 111. 2. The reservoir impounded by the Cornell Dam has a maximum depth of 55.7 feet (WDNR, 2018). The water surface area is approximately 897 acres and the storage capacity is 7,005 acre-feet at reservoir elevation of 1,000.6 feet (Hartnett, 2015). The reservoir area is approximately 985 acres and has a gross storage capacity of approximately 8,000 acre-feet at the maximum reservoir elevation of 1,002.0 feet. The storage capacity decreases to approximately 6,500 acre-feet at the minimum reservoir elevation of 1,000.0 feet, which results in 1,500 acre-feet of usable storage capacity. 3. The Cornell Hydroelectric Project (Project) is one of six hydroelectric projects operated by Northern States Power-Wisconsin (NSPW) in a 58-mile stretch of the Lower Chippewa River. 4. The maximum hydraulic capacity of the Cornell powerhouse is 11,650 cfs. 5. The power generated by the Project is delivered to NSPW’s system for sale to customers. NSPW is a public utility that produces, purchases, transmits, and distributes power to retail customers. An estimated 34,000 households can be served by the power generated by the Project. 6. The Project was originally constructed to furnish water, mechanical power, and in-plant electricity for a paper mill operation. In 1911, Brunet Falls Manufacturing Company began preliminary clearing of the flowage areas, dam site, and paper products manufacturing plant. In 1913, the dam, powerhouse, and adjacent paper products plant were placed into operation. In 1914, Cornell Wood Products Company acquired all of Brunet Falls Manufacturing Company property. Northern States Power Company – Wisconsin, d/b/a Xcel Energy, obtained ownership of the flowage lands and associated land rights, dam, powerhouse, turbines, and hydroelectric generating equipment from Cornell Wood Products Company in 1929. 7. FERC issued a new license in 1973 for hydroelectric power generation. 8. NSPW requested a 401 WQC or wavier letter from the department on September 11, 2023, under s. NR 299.03, Wis. Adm. Code, and Section 401 of the Federal Clean Water Act. 9. As of the date of this certification, the FERC Environmental Assessment has not been finalized. Additionally, FERC has not issued the new license. 10. Cornell’s current dam operations were negotiated between the licensee and the Wisconsin Department of Natural Resources, United States Fish and Wildlife Service, National Parks Services and other non-governmental organizations as part of the 2001 Lower Chippewa River Settlement Agreement. On February 12, 2003, the FERC issued an Order Amending License (Article 13) and Modifying Minimum Flows and Reservoir Elevations (Accession #200320212-3035). 11. Under s. NR 102.04, Wis. Adm. Code, the Chippewa River is a classified as a warm water river system. 12. Large river monitoring surveys in the Chippewa/Flambeau HUC6 basin indicate the biotic community in the middle 56-mile reach from the junction of the Chippewa and Flambeau Rivers downstream to the Dells Dam may be impacted by dam operations and water level fluctuations. 13. Only 9.5 miles of riverine conditions remains within the 56-mile reach of the Lower Chippewa River. These riverine sections are a series of short river sections between the dams and flowages. These riverine sections are critical for maintaining diverse riverine species and aquatic organism connectivity. 14. The current FERC license (and the 2001 Settlement Agreement) requires the Cornell Dam operate in a daily peaking mode providing that an instantaneous minimum flow of 400 cubic feet per second (cfs) shall be released from the project at all times. Specifically, the current FERC license (and the 2001 Settlement Agreement) requires the Cornell Flowage shall be maintained as follows: a. April1toJune7,theflowageshallbemaintainedwithin0.5ftoffullpool(elevation 1001.5 ft to 1002.0 ft) to enhance fish spawning. b. June1throughLaborDayduringthehoursof12:00noonto8:00p.m.,thereservoir elevation shall be maintained and operated between elevations 1001.0 ft and 1002.0 ft mean sea level. c. Atallothertimes,thereservoirelevationwillbemaintainedandoperatedbetween elevations 1000.0 ft and 1002.0 ft mean sea level. CONCLUSIONS OF LAW 1. The department has authority to issue the WQC under ch. NR 299 of the Wis. Adm. Code NOTICE OF APPEAL RIGHTS 1. The licensee shall obtain and comply with all necessary state water-quality related permits, if obtaining such permits does not conflict with FERC license requirements. Justification: Under s. NR 299.05 (3)(d)1., Wis. Adm. Code, the department is required to include a statement that there is a reasonable assurance that the activity will comply with the State’s water quality standards. The requirement to obtain and comply with all approvals related to water quality allows the state to be reasonably assured that water quality standards are being met. 2. All conditions and management plans shall be developed in consultation with the department, approved by the department with respect to compliance with state water quality requirements, and submitted to FERC for approval within one year of the effective date of the new Cornell license. Justification: Under s. NR 299.05 (3)(d)1., Wis. Adm. Code the department is required to include a statement that there is a reasonable assurance that the activity will comply with the State’s water quality standards. This consultation and submission requirement allows the state to be reasonably assured that water quality standards are being met. 3. Water Quality Management Plan: The Plan shall identify methods and protocols, in compliance with current department standards and chs. NR 102, NR 104, and NR 299 Wis. Adm Code, to document that Project operations meet or exceed the State’s water quality standards. The Plan shall be adaptable to changes in state regulations for a warm water sport fish community for fish and other aquatic life uses, including technical standards for data collection. Justification: Under s. NR 299.05 (3)(d)1. Wis. Adm. Code, the department is required to include a statement that there is a reasonable assurance that the activity will comply with the State’s water quality standards. The Water Quality Management Plan demonstrating compliance with the water quality standards in chs. NR 102, NR 104, and NR 299, Wis. Adm. Code, provides reasonable assurance that the State’s water quality standards are being met. 4. Aquatic Invasive Species Management Plan: The Plan shall identify methods and protocols, in compliance with ch. NR 40, Wis. Adm. Code, and current department standards. The Plan shall include decontamination protocols that meet or exceed department standards. The Plan shall be adaptable to changes in state regulations and department technical standards applicable to aquatic invasive species. Justification: Invasive species threaten the “protection and propagation of a balanced fish and other aquatic life community” under the “Fish and other aquatic life” designated use in s. NR 102.04 (3), Wis. Adm. Code. In addition, pursuant to s. NR 103.03 (2)(f)3., Wis. Adm. Code, the water quality certification must prevent conditions conducive to the establishment or proliferation of nuisance organisms in order to protect existing wetland habitat and ecosystems. 5. Debris Management Plan: The Plan shall provide methods and procedures for how debris will be managed as it accumulates at the dam. The Plan shall comply with chs. NR 40 and NR 500 Wis. Adm. Code invasive species and solid waste regulations and minimize or avoid impacts to navigation and safety. Justification: This condition targets compliance with chs. NR 40 and NR 500, Wis. Adm. Code, and protects the public rights in navigable waters under s. 31.02, Wis. Stats and s. NR 299.04 (1)(b)6 Wis. Adm. Code. This condition also facilitates compliance with s. NR 102.04 (1)(b), Wis. Adm. Code, which prohibits the accumulation of floating or submerged debris in amounts that interfere with public rights in waters of the state. 6. Endangered and Threatened Aquatic Species Management Plan: The Plan shall include an annual review of endangered and threatened aquatic species that may be affected by the Project in compliance with s. 29.604, Wis. Stats. The Plan shall include options to minimize disturbance to listed species and their habitat. The Plan shall also describe routine management activities that impact water quality, including vegetation management, land disturbance, and repairs. To request a contested case hearing pursuant to s. 227.42, Wis. Stats., and s. NR 299.05 (5) Wis. Adm. Code you have 30 days after the decision is posted for public notice to serve a petition for hearing on the Secretary of the Department of Natural Resources. A request for a contested case hearing shall include a written statement giving specific reasons why the proposed activity violates the standards under s. NR 299.04 (1)(b) Wis. Adm. Code and provide specific information explaining why the petitioner’s interests are adversely affected by the department’s determination. The request for hearing shall also include a written statement specifying that the petitioner will appear and present information supporting the petitioner’s objections in a contested case hearing. If you believe you have a right to challenge this decision through a judicial review, you should know that Wisconsin statutes and administrative rules established time periods within which requests to review department decisions must be filed. For judicial review of a decision pursuant to ss. 227.52 and 227.53, you have 30 days after the department’s determination becomes final under s. NR 299.05(7)(a), Wis. Adm. Code. Such a petition shall name the Department of Natural Resources as the respondent. Dated July 29, 2024 STATE OF WISCONSIN DEPARTMENT OF NATURAL RESOURCES For the Secretary Cheryl Laatsch, FERC Coordinator Wisconsin Department of Natural Resources 156432 © 2024 Xcel Energy Inc. 20.66x14WIPublicNoticeAug2024_P01.indd 1 ________________
couriersentinel_20240808_ccs-2024-08-08-a-008_art_0.xml
State of Wisconsin | Department of Natural Resources WATER QUALITY CERTIFICATION IP-WC-2023-9- 04428 14. This WQC may be updated or modified throughout the term of the license, as deemed necessary by the department and as provided under 40 CFR § 121.10. FINDINGS OF FACT Northern States Power-Wisconsin (NSPW) has requested a State Water Quality Certification (WQC) from the Wisconsin Department of Natural Resources (department), under Chapter NR 299, Wis. Adm. Code, and Section 401 of the Federal Clean Water Act for the purpose of relicensing the Cornell Hydroelectric Project (Project). The Project (P-2639) is located on the Chippewa River, in the City of Cornell, Chippewa County, Wisconsin. The Project is currently under review for re-licensing with the Federal Energy Regulatory Commission (FERC). The department has evaluated the proposal and determined that this activity will meet the standards found in s. NR 299.04, Wis. Adm. Code, and certification is granted, subject to the following conditions. If you would like to know more about this project contact Cheryl Laatsch at 920-382-9975, or Cheryl.Laatsch@wisconsin.gov. Reasonable accommodation, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. CONDITIONS 15. The 2021 Cornell Fish Entrainment Desktop Study Report conducted by Kleinschmidt (and updated by Interfluve) indicated potential sturgeon mortality exceeding the exploitation rates of the DNR statewide Lake Sturgeon Management Plan, based on existing trash rack spacing of 5.375-inch in the hydropower intake. Entrainment of fish may have an adverse effect on the fishery. 16. The Project is part of the Lower Chippewa River Settlement Agreement. The Agreement also includes Holcombe, Wissota, Dells, Jim Falls, and Chippewa Falls. 17. Section 2.3.3 of the Lower Chippewa River Settlement Agreement provides: “the terms of this settlement shall continue in effect, until the earlier of the expiration of the new FERC license (plus the term of an annual license) or the effective date of any FERC Order approving surrender of a project under Section 6 of the Federal Power Act.” 18. Based on the review of the applicant’s proposal and the above findings, the department concludes that there is a discharge from this project. There is reasonable assurance that operation and maintenance of dam as proposed by the application and as modified by this WQC, will not cause a violation of State’s water quality standards, and the dam will be in compliance with sections 301, 302, 303, 306, and 307 of the Federal Clean Water Act, P.L 92-500, as amended, and other appropriate requirements of state law. The department has made the determination that the proposed activity will comply with the State’s water quality standards enumerated in s. NR 299.04, Wis. Adm. Code, subject to the conditions identified in the permit conditions. 19. The department and the applicant have completed all procedural requirements. The Project as authorized will comply with all applicable requirements of s. 1.11 and ch. 281, Wis. Stats., Section 401 of CWA, and chs. NR 102, 103, 150 and 299 of the Wis. Adm. Code. 20. The Project, with the provisions of this WQC, will not adversely affect water quality, will not increase water pollution in surface waters, and will not cause environmental pollution as defined in s. 283.01(6m), Wis. Stats. 21. The Project will not adversely impact wetlands. 22. The department has determined that an Environmental Assessment for WEPA compliance is not necessary. 23. Provided the Project complies with the conditions in this State Water Quality Certification, the operation, and maintenance of the Project is in the public interest considering ecological, aesthetic, economic, and recreational values as referenced per state and federal law in s. NR 299.04 Wis. Adm. Code. 24. The department will participate in the federal FERC licensing process as appropriate. Justification: Under s. 29.604, Wis. Stats, endangered and threatened species are protected. Additionally, s. NR 103.03 (f), Wis. Adm. Code, is intended to protect existing habitat and populations of wetland animals. 7. Recreation Management Plan: The Plan shall identify all recreational features, within the Chippewa River corridor. The Plan shall provide a schedule for inspections and repairs to existing and future recreational amenities related to water quality. Justification: Section 31.02, Wis. Stats, and s. NR 299.04 (1)(b)6, Wis. Adm. Code, protect the public’s interest in navigable waters, including recreational opportunities. Under s. NR 102.04(5)(a), Wis. Adm. Code, all surface waters of the state shall be suitable for supporting the recreational designated use. The State of Wisconsin holds all navigable waters within the territorial jurisdiction of the State in trust for the benefit of the public. The rights include traditional recreational uses such as hunting, fishing, swimming, and boating. See Muench v. Public Service Comm., 261 Wis. 492 (1952). 8. Fish Stranding, Mortality, and Protection Plan: The Plan shall evaluate and establish procedures to protect, mitigate, or enhance the fishery, and to minimize and avoid fish stranding and egg desiccation resulting from dam operations. A primary feature of the Plan shall include limiting adverse impacts to lake sturgeon and achieving an exploitation rate consistent with the WDNR Lake Sturgeon Management Plan. Evaluations shall include gathering additional fishery data to determine population estimates, degree and extent of fish movement, the potential need for fish protection devices, and impacts associated with the dam operations at Cornell. Additionally, the Plan shall consider other fish species and statewide fish management plans. Justification: Section 31.02, Wis. Stats, and s. NR 299.04(1)(b)6., Wis. Adm. Code, protect the public’s rights in navigable waters. Water quality supports a healthy fish population. This condition also helps ensure the Chippewa River supports the warm water sport fish community designated use under s. NR 102.04 (3)(b), Wis. Adm. Code and meets the water quality standards under s. NR 102.04(1), Wis. Adm. Code. Additionally, s. 29.011 Wis. Stats. vests legal title to all wild animals in the state for the protection of all wild animals and for the purposes of regulating the use, dispositions and conservation of these wild animals. The State of Wisconsin holds all navigable waters within the territorial jurisdiction of the State in trust for the benefit of the public. The rights include traditional recreational uses such as hunting, fishing, swimming, and boating. See Muench v. Public Service Comm., 261 Wis. 492 (1952). The biological potential for the fish community, as indicated through IBI scores, may be impacted by dam operations. Dam operations can adversely affect habitat and fish populations. 9. Operations Plan: The licensee shall evaluate the Project’s dam operation associated with peaking, drawdowns, pool elevations, and fluctuations in water levels/flows and its effects on the resource. The Plan shall incorporate waterbody assessment procedures under ch. NR 102, Subchapter III, Wis. Adm. Code, to ensure the waters within the Project are attaining their designated uses. Evaluations shall include but not necessarily be limited to instream flow modeling, habitat, and flow suitability for game and non-game fish species, mussels, and macroinvertebrates. Additionally, the Plan shall develop procedures to meet designated uses, and establish hydrologic conditions downstream of the dam, that minimizes and avoid adverse impacts to the aquatic environment. Justification: Under s. NR 299.05 (3)(d)1., Wis. Adm. Code, the department is required to include a statement that there is a reasonable assurance that the activity will comply with the State’s water quality standards. The Operations Plan demonstrating compliance with the water quality standards in chs. NR 102, NR 103, NR 104, and NR 299, Wis. Adm. Code, as well as s. 31.02, Wis. Stats., provides reasonable assurance that the state’s water quality standards are being met. Dam operations can affect several water quality criteria, including dissolved oxygen and temperature. Section NR 102.51, Wis. Adm. Code, also provides for biological assessments to determine the attainment of designated uses. Dam operations can adversely affect habitat and fish populations. Consistent hydrologic regimes and the maintenance of minimum flows near as possible to natural conditions positively influences habitat quality downstream of affected facilities. 10. The licensee shall allow the department to inspect the Project at any time upon reasonable notification to monitor compliance with this WQC and applicable laws. Justification: On-site inspection is a critical element to gather necessary information for water quality certification compliance and quality control and assurance of data provided by the applicant. This authorization is required pursuant to s. NR 299.05 (3) (d)2.c., Wis. Adm. Code. 11. Your acceptance of this WQC signifies that you have read, understood and agreed to follow all conditions of this certification. 12. The Project shall conform to the standards for floodplain and shoreland development contained in chs. NR 115, NR 116, NR 117, Wis. Adm. Code and as may be implemented via local ordinance, as long as these requirements do not conflict with FERC license requirements. 13. This WQC is valid for the term of the license. 1. The Cornell Project is located on the Chippewa River, at approximately river mile 103, in the City of Cornell, Chippewa County, Wisconsin. The Cornell hydroelectric dam creates the Cornell Flowage, downstream of the Holcombe hydroelectric dam, located at approximately river mile 111. 2. The reservoir impounded by the Cornell Dam has a maximum depth of 55.7 feet (WDNR, 2018). The water surface area is approximately 897 acres and the storage capacity is 7,005 acre-feet at reservoir elevation of 1,000.6 feet (Hartnett, 2015). The reservoir area is approximately 985 acres and has a gross storage capacity of approximately 8,000 acre-feet at the maximum reservoir elevation of 1,002.0 feet. The storage capacity decreases to approximately 6,500 acre-feet at the minimum reservoir elevation of 1,000.0 feet, which results in 1,500 acre-feet of usable storage capacity. 3. The Cornell Hydroelectric Project (Project) is one of six hydroelectric projects operated by Northern States Power-Wisconsin (NSPW) in a 58-mile stretch of the Lower Chippewa River. 4. The maximum hydraulic capacity of the Cornell powerhouse is 11,650 cfs. 5. The power generated by the Project is delivered to NSPW’s system for sale to customers. NSPW is a public utility that produces, purchases, transmits, and distributes power to retail customers. An estimated 34,000 households can be served by the power generated by the Project. 6. The Project was originally constructed to furnish water, mechanical power, and in-plant electricity for a paper mill operation. In 1911, Brunet Falls Manufacturing Company began preliminary clearing of the flowage areas, dam site, and paper products manufacturing plant. In 1913, the dam, powerhouse, and adjacent paper products plant were placed into operation. In 1914, Cornell Wood Products Company acquired all of Brunet Falls Manufacturing Company property. Northern States Power Company – Wisconsin, d/b/a Xcel Energy, obtained ownership of the flowage lands and associated land rights, dam, powerhouse, turbines, and hydroelectric generating equipment from Cornell Wood Products Company in 1929. 7. FERC issued a new license in 1973 for hydroelectric power generation. 8. NSPW requested a 401 WQC or wavier letter from the department on September 11, 2023, under s. NR 299.03, Wis. Adm. Code, and Section 401 of the Federal Clean Water Act. 9. As of the date of this certification, the FERC Environmental Assessment has not been finalized. Additionally, FERC has not issued the new license. 10. Cornell’s current dam operations were negotiated between the licensee and the Wisconsin Department of Natural Resources, United States Fish and Wildlife Service, National Parks Services and other non-governmental organizations as part of the 2001 Lower Chippewa River Settlement Agreement. On February 12, 2003, the FERC issued an Order Amending License (Article 13) and Modifying Minimum Flows and Reservoir Elevations (Accession #200320212-3035). 11. Under s. NR 102.04, Wis. Adm. Code, the Chippewa River is a classified as a warm water river system. 12. Large river monitoring surveys in the Chippewa/Flambeau HUC6 basin indicate the biotic community in the middle 56-mile reach from the junction of the Chippewa and Flambeau Rivers downstream to the Dells Dam may be impacted by dam operations and water level fluctuations. 13. Only 9.5 miles of riverine conditions remains within the 56-mile reach of the Lower Chippewa River. These riverine sections are a series of short river sections between the dams and flowages. These riverine sections are critical for maintaining diverse riverine species and aquatic organism connectivity. 14. The current FERC license (and the 2001 Settlement Agreement) requires the Cornell Dam operate in a daily peaking mode providing that an instantaneous minimum flow of 400 cubic feet per second (cfs) shall be released from the project at all times. Specifically, the current FERC license (and the 2001 Settlement Agreement) requires the Cornell Flowage shall be maintained as follows: a. April1toJune7,theflowageshallbemaintainedwithin0.5ftoffullpool(elevation 1001.5 ft to 1002.0 ft) to enhance fish spawning. b. June1throughLaborDayduringthehoursof12:00noonto8:00p.m.,thereservoir elevation shall be maintained and operated between elevations 1001.0 ft and 1002.0 ft mean sea level. c. Atallothertimes,thereservoirelevationwillbemaintainedandoperatedbetween elevations 1000.0 ft and 1002.0 ft mean sea level. CONCLUSIONS OF LAW 1. The department has authority to issue the WQC under ch. NR 299 of the Wis. Adm. Code NOTICE OF APPEAL RIGHTS 1. The licensee shall obtain and comply with all necessary state water-quality related permits, if obtaining such permits does not conflict with FERC license requirements. Justification: Under s. NR 299.05 (3)(d)1., Wis. Adm. Code, the department is required to include a statement that there is a reasonable assurance that the activity will comply with the State’s water quality standards. The requirement to obtain and comply with all approvals related to water quality allows the state to be reasonably assured that water quality standards are being met. 2. All conditions and management plans shall be developed in consultation with the department, approved by the department with respect to compliance with state water quality requirements, and submitted to FERC for approval within one year of the effective date of the new Cornell license. Justification: Under s. NR 299.05 (3)(d)1., Wis. Adm. Code the department is required to include a statement that there is a reasonable assurance that the activity will comply with the State’s water quality standards. This consultation and submission requirement allows the state to be reasonably assured that water quality standards are being met. 3. Water Quality Management Plan: The Plan shall identify methods and protocols, in compliance with current department standards and chs. NR 102, NR 104, and NR 299 Wis. Adm Code, to document that Project operations meet or exceed the State’s water quality standards. The Plan shall be adaptable to changes in state regulations for a warm water sport fish community for fish and other aquatic life uses, including technical standards for data collection. Justification: Under s. NR 299.05 (3)(d)1. Wis. Adm. Code, the department is required to include a statement that there is a reasonable assurance that the activity will comply with the State’s water quality standards. The Water Quality Management Plan demonstrating compliance with the water quality standards in chs. NR 102, NR 104, and NR 299, Wis. Adm. Code, provides reasonable assurance that the State’s water quality standards are being met. 4. Aquatic Invasive Species Management Plan: The Plan shall identify methods and protocols, in compliance with ch. NR 40, Wis. Adm. Code, and current department standards. The Plan shall include decontamination protocols that meet or exceed department standards. The Plan shall be adaptable to changes in state regulations and department technical standards applicable to aquatic invasive species. Justification: Invasive species threaten the “protection and propagation of a balanced fish and other aquatic life community” under the “Fish and other aquatic life” designated use in s. NR 102.04 (3), Wis. Adm. Code. In addition, pursuant to s. NR 103.03 (2)(f)3., Wis. Adm. Code, the water quality certification must prevent conditions conducive to the establishment or proliferation of nuisance organisms in order to protect existing wetland habitat and ecosystems. 5. Debris Management Plan: The Plan shall provide methods and procedures for how debris will be managed as it accumulates at the dam. The Plan shall comply with chs. NR 40 and NR 500 Wis. Adm. Code invasive species and solid waste regulations and minimize or avoid impacts to navigation and safety. Justification: This condition targets compliance with chs. NR 40 and NR 500, Wis. Adm. Code, and protects the public rights in navigable waters under s. 31.02, Wis. Stats and s. NR 299.04 (1)(b)6 Wis. Adm. Code. This condition also facilitates compliance with s. NR 102.04 (1)(b), Wis. Adm. Code, which prohibits the accumulation of floating or submerged debris in amounts that interfere with public rights in waters of the state. 6. Endangered and Threatened Aquatic Species Management Plan: The Plan shall include an annual review of endangered and threatened aquatic species that may be affected by the Project in compliance with s. 29.604, Wis. Stats. The Plan shall include options to minimize disturbance to listed species and their habitat. The Plan shall also describe routine management activities that impact water quality, including vegetation management, land disturbance, and repairs. To request a contested case hearing pursuant to s. 227.42, Wis. Stats., and s. NR 299.05 (5) Wis. Adm. Code you have 30 days after the decision is posted for public notice to serve a petition for hearing on the Secretary of the Department of Natural Resources. A request for a contested case hearing shall include a written statement giving specific reasons why the proposed activity violates the standards under s. NR 299.04 (1)(b) Wis. Adm. Code and provide specific information explaining why the petitioner’s interests are adversely affected by the department’s determination. The request for hearing shall also include a written statement specifying that the petitioner will appear and present information supporting the petitioner’s objections in a contested case hearing. If you believe you have a right to challenge this decision through a judicial review, you should know that Wisconsin statutes and administrative rules established time periods within which requests to review department decisions must be filed. For judicial review of a decision pursuant to ss. 227.52 and 227.53, you have 30 days after the department’s determination becomes final under s. NR 299.05(7)(a), Wis. Adm. Code. Such a petition shall name the Department of Natural Resources as the respondent. Dated July 29, 2024 STATE OF WISCONSIN DEPARTMENT OF NATURAL RESOURCES For the Secretary Cheryl Laatsch, FERC Coordinator Wisconsin Department of Natural Resources 156432 © 2024 Xcel Energy Inc. 20.66x14WIPublicNoticeAug2024_P01.indd 1 ________________
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