Michigan Hydro Relicensing Coalition

To date the Michigan Hydro Relicensing Coalition (MHRC) has filed 29 interventions involving 39 hydro projects on twelve rivers in Michigan. The MHRC also continues to monitor the licensing process on 26 other hydro projects on 12 rivers in Michigan which are up for relicensing or new licenses.

Muskegon, Au Sable and Manistee Watersheds
The Federal Energy Regulatory Commission (FERC) issued the licenses for the Consumer Energy projects covering 12 dams on the AuSable, Manistee, and Muskegon Rivers on July 15, 1994. The licenses incorporated the historic Settlement Agreement reached with Consumers Energy, the Resource Agencies and the MHRC. The MHRC continues to be involved in the implementation of terms of this agreement as members of the Manistee, Muskegon, AuSable Coordination Team (MMAC Team).

Other members of the team are Consumers Power, Michigan Department of Natural Resources (MDNR), United States Forest Service (USFS) and United States Fish & Wildlife Service (USF&W). In the past year the MMAC team met ten times and it is expected that the next twelve months will require the same level of involvement.

Projects and issues dealt with include implementation of the Land Management Plan (LMP) for each river basin, down-stream fish protection, expenditure of annual fish contributions, river management plans, water quality, soil erosion control and Stronach Dam removal. Highlights of the past year's activities include: implemented Recreation Development Plan with 15 recreation construction projects totaling $710,500; completing the final engineering design for the Foote fish protection device; approval of Consumers' 1998 contributions of $99,500 for restoration of 10 eroding streambanks on the AuSable River, $22,000 for restoration of three eroding streambanks on the Manistee River and $70,050 for restoration of six eroding streambanks on the Muskegon River; the staged drawdown of Stronach Pond continued with the quarterly removal of stoplogs; and, the MMAC Team held three river specific public meetings to review the progress that had been made in terms of implementing the Settlement Agreement. The MHRC participated in the public meetings as a member of the MMAC Team.

The Water Quality Limits Evaluation Plans were implemented for the Au Sable and Manistee Rivers on December 1, 1996. The three-year data collection effort will be completed on November 30, 1999. Consumers implemented the Water Quality Limits Evaluation Plan for the Muskegon River on December 1, 1998. The three-year data collection effort will extend through November 30, 2001. Based on the results of these studies, Consumers will be required to address any water quality problems that are identified.

The MHRC also played an active role in the organization of the Muskegon River Assembly. The Assemble will focus on addressing issues of the Muskegon Watershed. Assistance was given in formulating the bylaws and attending the organizational meetings to brief the attendees on the Consumers' Settlement and application to the Muskegon River.

Thunder Bay Watershed
In the spring of 1998, Thunder Bay Power Company (TBPC), the MDNR, the USF&W and the MHRC reached a final settlement agreement on the projects operated by TBPC in the Thunder Bay Watershed. The settlement calls for the establishment of a million dollar escrow fund to pay for fish passage, fish entrainment, recreation, land management, wildlife management, fisheries habitat improvement and project retirement if mandated by the resource agencies. The coordination and implementation of the settlement and expenditure of monies from the trust fund will be administered by the Thunder Bay Coordination Team (TBC Team).

The MHRC will be a member of the TBC Team. TBPC will be responsible for operating the projects as run-of-river, maintaining agreed impoundment water levels, passing large woody debris, fish protection, meeting water quality requirements and soil erosion.

Escanaba Watershed
The MHRC continues to monitor the implementation of the license issued to the Upper Peninsula Power Company (UPPCo). Current issues involved implementation of the Land Management Plan, water quality, soil erosion, habitat improvement and recreation plans.

Ontonagon Watershed
In December, 1998, Upper Peninsula Power Company (UPPCo), state, federal and tribal resource agencies, and the MHRC reached agreement on the relicensing of UPPCo's hydroelectric project located in the Ontonagon River Basin located in the northwestern part of Michiganís Upper Peninsula.

The agreement came as the result of intense negotiations during the past three years in which the MHRC participated along with the MDNR, USFS, USF&W, and the Keweenaw Bay Chippawa Tribe. The MHRC represented the interests of American Rivers and the American Whitewater Affiliation.

The settlement calls for UPPCo to establish a Mitigation Enhancement Fund totaling $2.4 million (in 1997 dollars). The coordination and implementation of actions required under the Settlement to include management of the Fund will be handled by a Bond Falls Implementation Team. The MHRC will be an ex-officio member of the Team.

The Mitigation Enhancement Fund will be used for the following project activities: (a) downstream fish protection and passage; (b) upstream fish passage; (c) fish entrainment; (d) recreation except for maintenance of recreation sites; (e) land management; (f) wildlife management; (g) bald eagle protection and management; (h) nuisance plant control; (i) fisheries habitat improvement; (j) water quality monitoring; and (k) soil erosion. A separate fund will be established to finance any requirements of license surrender and project retirement.

UPPCo shall be responsible for the Mitigation Enhancement Fund shall not be charged for the following: (a) project operation, including gaging; (b) Bond Falls outlet redesign; (c) in-kind trashrack replacement at Victoria; (d) development of the land management plan; (e) woody debris and other vegetative material sluicing; (f) Cisco Dam outlet redevelopment, if necessary; (g) soil erosion control for construction activities and license activities not related to the Fund; (h) operation and maintenance of existing and new recreation facilities; and (i) State Historic Preservation Officer requirements.

One of the highlights of the Settlement is providing adequate flows in all of the branches of the Ontonagon system which will allow recovery of the riparian ecosystem and restoration of the entire watershed. The Settlement contains detailed prescriptions for minimum and flushing flows for all segments affected by the project. The diversion at Bond Falls would be reduced with increased flows for the Middle Branch of the Ontonagon.

Menominee Watershed
The MHRC and the River Alliance of Wisconsin (RAW) in coordination with the MDNR, Wisconsin DNR and USF&W resource agencies reached a settlement agreement (Wilderness Shores Settlement Agreement) with Wisconsin Electric Power Company on hydro projects on the upper Menominee River Basin. The settlement involves relicensing of eight projects on Menominee, Michigamme and Paint Rivers. A key element of the settlement calls for the removal of three dams. The agreement calls for a collaborative effort in preparing the Environmental Assessment (EA) to be used in the relicensing of these projects.

Other subjects covered by the agreement include minimum flows, fish protection, dam retirement funds, mitigation enhancement funds, protection of project and non-project lands, soil erosion control, water quality and recreation. The settlement calls for an implementation team with the MHRC and RAW as full participants. The MHRC is currently actively involved in preparation of the EA which is expected to be completed by this fall.

Dead River Watershed
In early 1997, the MHRC became involved in hydro projects on the Dead River. Two power companies are involved, UPPCo and the City of Marquette. The projects are currently in the license application stage.

Elk Rapids
The MHRC along with the MDNR and USF&WS have reached a settlement agreement with the County of Antrim regarding the ELK Rapids Hydroelectric Project. The agreement supports Antrim's request for a extension of its current license until December 31, 2014. In exchange for this support, Antrim will decommission the project at the end of the extension and the dam will remain as a lake level control structure for Elk Lake. During the license extension, Antrim will operate the project in a run-of-river mode, comply with state water quality standards and continue to provide and maintain the existing tailwater access for fishing.

The MHRC continues to be committed to the long term. The MHRC has as its members, the Great Lakes Council of the Federation of Fly Fishers, the Anglers of the Au Sable, the Michigan United Conservation Clubs, and the Michigan Council of Trout Unlimited. RWOL

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