Wisconsin DNR News
January 8, 2008
Events offer opportunities for bald eagle watching
Advisory group finishes its review of groundwater quantity law
Hunters register 11,925 birds in fall wild turkey hunt
Hearings set on proposed wastewater temperature standards
Keep bird feeders clean to prevent disease
Porcupine ecology by snowshoe clinic offered
Wisconsin wintering bald eagles offer some of the best viewing in the nation
21st Annual event highlights Bald Eagle successes in Wisconsin
MADISON – With hundreds of wintering bald eagles congregating along open water areas of the Wisconsin and Mississippi rivers, Wisconsin offers some of the best eagle viewing in the nation. Wildlife officials say this is the largest concentration of wintering bald eagles in the lower 48 states.
Wisconsin now has approximately 1,150 territorial pairs of eagles, according to Department of Natural Resources wildlife biologists.
In 1971 Wisconsin banned the use of DDT after scientists determined eagle numbers were dropping as the birds, impacted by DDT, failed to reproduce because their eggshells were weak. The bald eagle was listed as both a state and federally endangered species.
A major milestone was reached in August 2007 when the bald eagles were removed from the Federal Endangered Species Act’s endangered and threatened species list. Wisconsin’s large and successful population played a significant role in the federal delisting.
“The bird is a spectacular example of the success of the state and national Endangered Species Acts, said Signe Holtz, director of the Endangered Resources Program for the DNR. It is also a reflection of the public support for the work done by the Endangered Resources Program, which will celebrate the 25th anniversary of the income tax check-off in 2008.”
The tax check-off option found on Wisconsin state tax returns gives taxpayers the option of donating a portion of any tax refund toward the protection and management of endangered resources in Wisconsin.
Many of the best eagle viewing destinations are featured in the Great Wisconsin Birding and Nature Trail guides available from the Department of Natural Resources.
The Bald Eagle also is the subject of a feature story in the December 2007 issue of Wisconsin Natural Resources Magazine [http://www.wnrmag.com/stories/2007/dec07/eagles.htm#10].
The communities of Sauk City and Prairie du Sac on the Wisconsin River and Prairie du Chien and Cassville on the Mississippi River will all hold eagle watching events this winter.
Open water below the dam on the Wisconsin River at Sauk City and Prairie du Sac is a customary winter gathering place for Bald Eagles. The Ferry Bluff Eagle Council maintains an overlook for viewing eagles, preserves habitat for eagles, conducts eagle programs, educates people on how to watch eagles yet maintain the bird’s safety, creates educational material for schools and works with landowners to manage habitat. Council members also monitor night time eagle roosts during the winter.
Bald Eagle Watching Days at Sauk City-Prairie du Sac
The 21st Bald Eagle Watching Days will be held Jan. 19 - 20 and begin at 8 a.m. Saturday and Sunday with a breakfast in the Sauk Prairie High School Cafeteria sponsored by the Sauk Prairie Kiwanis.
Other events include guided eagle watching tours; an “Eagles in Wisconsin” program with Pat Manthey, DNR Bureau of Endangered Resources; a “Birds of Prey Show,” with live raptors presented by The Raptor Center from the University of Minnesota; wildlife photography with Bill Pielsticker; a “Meet and Greet Booth” with staff from the Raptor Center providing hands on teaching tools such as feathers, wings, skulls, feet and opportunity for close up photos; eagle conservation efforts presented by the Ferry Bluff Eagle Council; a program on “Fun Animal Adaptations” by David Stokes; children’s activities; and other displays and events. A complete schedule of activities can be found on the Ferry Bluff Eagle Council Web site at [http://www.ferrybluffeaglecouncil.org/eagledays/index.html].
Information is also available by calling 1-800-683-2453.
Cassville Bald Eagle Days
The 15th Annual Bald Eagle Days Celebration will be held Jan. 26-27 in Cassville on the Mississippi River in Grant County. Each year hundreds of eagles spend the winter in the Cassville area where the birds can be seen along the village’s waterfront.
From 8 a.m. to noon knowledgeable volunteers from the Cassville area will assist birders in locating eagles at the Wildlife Observation Deck at Cassville’s Riverside Park. Education programs will be held at the Cassville High School, 715 E Amelia St. on Saturday January 26 beginning at 9 a.m. including:
• Herb Lange, wildlife photographer from Hazel Green Wisconsin
• Helen Anderson, wildlife photographer from Lancaster Wisconsin
• Sue and Merv Broten, Coulee Rehabilitation Center, Chaseburg Wisconsin
• Diane Moller, Hoo’s Woods Inc, Raptor Center, Whitewater Wisconsin
• Duke Addicks, storyteller
Prairie du Chien Bald Eagle Appreciation Day
Bald Eagle Appreciation Day will be held Feb. 23 on the grounds of the Wisconsin Welcome Center/Prairie du Chien Chamber, 211 S Main, Prairie du Chien and co-host site AmericInn. The event runs from 9 a.m. to 3 p.m. Live Bald Eagle programs (eagle from the National Eagle Center in Wabasha, Minn.); exhibits and presentations on eagles and raptors, birding experts on hand, outdoor viewing of bald eagles through spotting scopes, life-size bald eagle nest, activities for children, mini field trips to other viewing locations, refreshments, co-sponsored by Effigy Mounds National Monument and the Prairie du Chien Chamber of Commerce/Tourism Council, 800 732-1673.
FOR MORE INFORMATION on bald eagles contact Randy Jurewicz, DNR endangered resources biologist - (608) 267-7507 or Pat Manthey, DNR avian ecologist, La Crosse at - (608) 789-5651.
FOR MORE INFORMATION: on Sauk-Prairie Eagle Watching Days - 1-800-683-2453; on Cassville Bald Eagle Days - (608) 725-5855; on Prairie du Chien Bald Eagle Appreciation Days - 1-800-732-1673
Advisory group finishes its review of groundwater quantity law
Trout streams, other top waters gain protection but more to be done
MADISON – A 2004 groundwater quantity law is working as lawmakers intended to bolster protection for Wisconsin trout streams and other exceptional and outstanding resource waters from potential impacts from new high capacity wells, according to a report recently delivered to Wisconsin lawmakers by an advisory group charged with assessing the law.
“Overall, the committee believes Act 310 is working as originally intended as a first step in integrated water management,” states the submittal letter signed by Groundwater Advisory Committee co-chairs Ron Kuehn and M. Carol McCartney and agreed to by the 12 other members.
“The law has provided an added level of environmental protection for trout streams, outstanding resources waters, exceptional resource waters and springs by ensuring that potential impacts to these resources be evaluated and reduced as part of the high capacity well approval process.”
However, the letter notes that “further work remains to be done to build upon the successes of Act 310” and said that information collected as the DNR continues to implement the law, along with ongoing research and monitoring, “will be essential as enhancements to the regulatory framework are contemplated.” Read the full letter and the report online at: [http://dnr.wi.gov/org/water/dwg/gac/GACFinalReport1207.pdf].
The Groundwater Advisory Committee [http://dnr.wi.gov/org/water/dwg/gac/index.htm] was established under 2003 Wisconsin Act 310, and charged with reporting back to the legislature on how the law is working and the adequacy of specific provisions of the law. Under Act 310, applicants for new high capacity wells face environmental review for wells proposed within 1,200 feet of a trout stream or those lakes or rivers officially designated as Exceptional or Outstanding Resource waters, certain springs, and certain well systems with specific water losses.
Members of the advisory committee were appointed by Gov. Jim Doyle and state Senate and Assembly leaders to represent municipal, environmental, agricultural and industrial interests, the well drilling industry and the DNR. Its co-chairs, Kuehn and McCartney, are an attorney and consulting hydrogeologist representing agricultural and industrial interests, respectively.
The group unanimously agreed on several important issues in 2007 and worked collaboratively with the DNR to develop the administrative rules to carry out the law, found in Natural Resources Chapter 820 of the Wisconsin Administrative Code and effective Sept. 1, 2007. [http://dnr.wi.gov/org/caer/ce/news/DNRNews_Lookup.asp?id=82#art4],
Areas the group unanimously agreed on included that Wisconsin needs a comprehensive statewide water management plan or strategy that would establish a vision and priorities for the long-term management of the state’s groundwater and its lakes, rivers and wetlands. It also endorsed making improvements in the statewide groundwater monitoring network.
On some issues, committee members were unable to reach full agreement and instead developed policy options for consideration by the legislature. The report provides options on issues including extending conservation requirements to all water users, assessing the adequacy of the statutory definition of a spring, and extending the environmental review requirements to wells proposed near more water bodies.
The committee’s first report, submitted at the end of 2006 to lawmakers, contains extensive recommendations related to management of two Groundwater Management Areas created in northeastern and southeastern Wisconsin. These management areas encompass geographical areas where groundwater levels have been drawn down 150 feet or more over the last century due to groundwater being pumped out more quickly than it’s been replaced naturally.
Those 2006 recommendations, like the recommendations submitted in December 2007 to lawmakers, await legislative action. [http://dnr.wi.gov/org/caer/ce/news/DNRNews_Lookup.asp?id=47#art5]
The 2006 and 2007 reports and more information about the Groundwater Advisory Committee are available on the Drinking and Groundwater pages of the DNR Web site at [http://dnr.wi.gov/org/water/dwg/gac/index.htm].
FOR MORE INFORMATION CONTACT: Co-chairs Ron Kuehn (608) 252-9325; Carol McCartney (608) 443-1200; Todd Ambs, DNR, (608) 264-6278; Jill Jonas, DNR, (608) 267-7545
Hunters register 11,925 birds in fall wild turkey hunt
MADISON – Wisconsin wild turkey hunters registered a preliminary count of 11,925 birds from the 2007 fall turkey hunting season. This is slightly fewer birds than the previous 2006 fall harvest when 12,033 birds were registered. The 2007 count may still increase, say wildlife officials, as registration stubs are still arriving.
“The fall 2007 turkey hunt marked a couple of new beginnings,” said Scott Hull, upland game ecologist for the Department of Natural Resources. “Turkey hunting with dogs was available on a trial basis to hunters in a nine-county area in the southwest. We don’t have specific harvest statistics to compare yet for those counties but anecdotal reports suggest that the trial season went well.
“Also new this year was a longer fall season. The fall season was extended by 21 days over previous years giving hunters more flexibility and opportunity,” Hull added. The season ran from Sept. 15 through Nov. 15.
Turkey managers set a permit level of 94,800 permits available for the 2007 fall season. The DNR issued 80,262 permits in a lottery drawing and sold another 13,071 remaining permits over-the-counter after the drawing had been completed. The 11,827 registered birds compute to a success rate of 14.7 percent compared to 15.4 percent in 2006
Remaining spring 2008 turkey hunting permits on sale March 28; regulations now on-line
The application period for spring season permits closed Dec. 10. The drawing for permits will be held in late January. There are just under 213,000 permits available for the spring season. Any spring permits remaining after the drawing will go on sale over-the-counter at 10 a.m. March 28, 2008. The spring 2008 season runs April 16 through May 25. Wisconsin’s second annual statewide youth turkey hunting season will he held April 12 and 13 in 2008.
Another change in fall 2008 turkey hunting season will be implemented as the state moves to consolidate the current 40-plus turkey management zones into seven larger zones. The move will give hunters more hunting opportunity over a wider area than the current system, which uses smaller zones, can provide.
Hunters wishing to get an early look at the 2008 Spring Turkey Hunting Regulations can do so now on-line [http://dnr.wi.gov/org/land/wildlife/regs/index.htm]. The first of the six 5-day spring turkey hunting periods starts April 16, 2008.
FOR MORE INFORMATION CONTACT: Scott Hull - (608) 267-7861
Hearings set on proposed temperature standards for wastewater dischargers
MADISON – The wastewater that power plants, paper mills, food processors and other industries release into Wisconsin streams, lakes and rivers would need to meet proposed temperature standards under a proposal that is the topic of public hearings around the state in January.
The proposed temperature or “thermal standards” for wastewater are aimed at helping protect the fish and other aquatic life in the waters that receive those discharges from water that is too warm. The proposed standards would enable Wisconsin to comply with longstanding federal orders to issue such standards and abide by a 1975 Wisconsin Supreme Court ruling, according to Mike Wenholz, the Department of Natural Resources environmental toxicologist who led development of the proposals.
“We’ve operated for 32 years without clear regulations governing heated discharges,” Wenholz says. “These proposed standards allow the DNR to meet EPA’s request for standards and will help protect fish and other aquatic life from discharges of heat into waters of the state.”
The proposals would repeal Natural Resources Chapter 209, Wis. Adm. Code, while revising Chapter NR 102 and 106. Wenholz says the DNR staff and the advisory groups that have helped shape the proposals have made every effort to assure the rules meet four goals: they are environmentally protective; they are tailored to Wisconsin’s waters and are in other ways water quality-based; they are scientifically and legally defensible; and they are reasonable in their implementation.
The DNR adopted thermal standards in 1975, but the agency was sued that year by several steam-electric power companies on the grounds that the proposed standards were more stringent than federal requirements. The Wisconsin Supreme Court agreed with the power companies and overturned the requirements for steam electric power companies only, but that ruling has made it difficult to implement the standards for other categories of dischargers for the past three decades.
The U.S. Environmental Protection Agency has since requested that DNR develop new standards, and the DNR has convened two different advisory groups over time to develop rules.
Under the DNR proposals, which the state Natural Resources Board approved Dec. 5, 2007 for public hearing, the standards that each discharger would need to meet would be based on the ability of any receiving water to dissipate heat. The standards also would reflect the different temperatures that fish and other aquatic creatures need at different times of the year to survive, grow and reproduce, Wenholz says.
The proposed rules should not significantly affect the operation of publicly owned wastewater treatment plants or privately owned domestic sewage treatment works. The effects on other dischargers are likely to be very case specific, Wenholz says.
“We expect that effects will vary significantly from one business to another, and perhaps from one business sector to another,” he says. While most dischargers are already in compliance with the proposed standards, some will need to consider operational changes to ensure that discharged wastewater is cooled to safe levels.
“We are looking forward to receiving comments from the regulated community, conservation groups and the general public,” he says. “That public input will be critical to how we make an informed decision about the final rules we recommend to the Natural Resources Board for adoption.”
The proposed rule and fiscal estimate may be reviewed and comments electronically submitted through the Wisconsin Administrative Rules Web site [https://apps4.dhfs.state.wi.us/admrules/public/Home]. Written comments on the proposed rule may be submitted via U.S. mail to Michael Wenholz, Bureau of Watershed Management, PO Box 7921, Madison, WI 53707.
Comments may be submitted until Feb. 28, 2008. Written comments, whether submitted electronically or by U.S. mail, will have the same weight and effect as oral statements presented at the public hearings. More information or a copy of the proposed rule and fiscal estimate may be obtained from Mr. Wenholz.
The public hearings on the proposals will all be held at 1 p.m. on the following dates at the location listed:
• January 15, Eau Claire - in Room 158, DNR Region Headquarters, 1300 W. Clairemont Ave.
• January 17, Waukesha - in Room 151, Dreyfus State Office Building, 141 N.W. Barstow St.
• January 25, Madison - in Room G09, GEF #2 State Office Building, 101 S. Webster St.
• January 28, Green Bay - in the Lake Michigan Room, DNR Northeast Region Headquarters, 2984 Shawano Ave.
FOR MORE INFORMATION CONTACT: Mike Wenholz (608) 266-1494 or Bob Masnado (608) 267-7662
Keep bird feeders clean to prevent disease
MADISON – Wisconsin residents who enjoy feeding and observing winter birds are being reminded that bird feeding requires more attention than simply filling the backyard feeders every couple of days if you want to keep our wildlife healthy. Wildlife health experts recommend that feeders be disinfected regularly throughout the feeding season to clean out potential bird-killing microbes found around crowded feeding sites.
“The prevalence of Salmonella bacteria in wild birds is generally low,” say the health experts, “but individual birds may be carriers, excreting disease-causing bacteria from their digestive systems for weeks or months at a time and causing contamination of feeding sites.”
Regular disinfection of bird feeders is the best way to break the disease cycle. For birdwatchers interested in learning more, the February 2007 issue of Wisconsin Natural Resources Magazine [http://www.wnrmag.com/stories/2007/feb07/feeders.htm] has detailed instructions and how-to tips for cleaning and sanitizing backyard feeders and protecting yourself in the process.
FOR MORE INFORMATION CONTACT: Nancy Businga, DNR wildlife health veterinary technician - (608) 221-5375
Porcupine ecology by snowshoe clinic offered
BABCOCK, Wis. – People can learn about more than 10 years of winter research high school students conducted on porcupine populations at the Sandhill Wildlife Area Sandhill during a clinic on porcupine ecology on Saturday, Feb. 2 from 9 a.m. to 2 p.m. Sandhill Outdoor Skills Center staff will lead clinic participants on snowshoes to check live-traps and visit porcupine winter dens. The center will provide snowshoes and refreshments.
Registration is limited to 20 people ages 12 and up on a first-come, first-served basis. Register by mailing a $15 per person fee by Jan. 25. Persons desiring to stay overnight in our dorm either prior to or following the event may do so; we ask a donation of $15 per person per night.
Checks should be made out to DNR-Skills Center. Include the name of each participant, and the address and daytime phone number of one person in each party. Send your registration fee to: Sandhill Outdoor Skills Center, PO Box 156, Babcock, WI 54413. Inquiries on the status of registrations may be sent via e-mail to: <Richard.Thiel@dnr.state.wi.us>.
More information on the Sandhill Outdoor Skills Center can be found on the DNR Web site. Use the search engine found at the top of the home page and type in key word "sandhill" to reach the URL: <http://dnr.wi.gov/org/land/wildlife/reclands/sandhill>.
The Sandhill Outdoor Skills Center is located 20 miles west of Wisconsin Rapids on County Highway X, 1 mile north of Highway 80 near Babcock, Wisconsin on the 9,000 acre Department of Natural Resources Sandhill Wildlife Area.
FOR MORE INFORMATION CONTACT: Sandhill Skills Center at: (715) 884-6333
OUTDOORS CALENDAR
*Indicates date remains the same each year, except some permit deadlines may be extended one day if they fall on a Sunday or Federal Holiday.
September 15 through First Saturday in May
• From Sept. 15 through the first Saturday in May, hook and line fishing is prohibited from one-half hour after sunset to one-half hour before sunrise in all Lake Michigan tributaries except the Oconto River and its tributaries and the downstream portion of the Peshtigo River (see regulations for details).*
January 19
• Winter crow season opens, through March 20.
January 31
• Squirrel season closes.*
• Raccoon season closes*
• Ruffed grouse seasons closes in zone A (northern zone).*
February 15
• Coyote trapping season closes.*
• Red and gray fox gun and trapping seasons close.*
February 9
• Lake Winnebago Sturgeon Spearing Season opens. Season runs for 16 days or until the harvest level is reached. Season hours are 6:30 a.m. to 12:30 p.m. daily. The season will close after one day if one of the harvest caps is reached. Sturgeon must be registered by 1:30 p.m. the day they are harvested. There are separate, annual spearing seasons for Lake Winnebago and for the system’s upriver lakes of Butte des Mort, Winneconne and Poygan. Previously the Upriver Season occurred only once every five years but was open to anyone who wanted to participate in it and bought a license. Spearers who wanted to participate in the Upriver Lakes season had to submit an application by Aug. 1, 2007. Licenses for the upcoming season must have been purchased by Oct. 31 of the previous year.
February 20
• Ice fishing shelters must be removed from Wisconsin-Iowa boundary waters.*
February 24
• Lake Winnebago system sturgeon spearing season closes unless season is closed earlier due to spearers reaching harvest caps.
February 28
• Cottontail rabbit season closes in northern and southern zones.*
• Mink trapping season closes in the northern, central and southern zones.
DNR Public Hearings and Meetings
Pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call the contact person listed for the meeting or hearing with specific information on your request at least 10 days before the date of the scheduled hearing.
Hearings
2008
January 8 - Pursuant to §§ 227.11(2)(a), 227.14(1m)(a), 285.11(1) and 285.27(2)(a), Stats., interpreting §§ 285.11(6) and 285.27(2)(a), Stats., the Department of Natural Resources will hold a public hearing on revisions to chs. NR 460 and 469, Wisconsin Administrative Code, relating to national emission standards for hazardous air pollutants (NESHAP) for halogenated solvent cleaners and the NESHAP general provisions at 11:30 a.m. in Room 511 of the State Natural Resources Building (GEF 2), 101 S. Webster St., Madison. The U.S. Environmental Protection Agency published amendments to the NESHAP general provisions and to the NESHAP for halogenated solvent cleaning operations. Section 285.27(2)(a), Stats., requires the Department to promulgate NESHAP into the administrative code. The amendments to the general provisions revise the language relating to startup, shutdown and malfunction plans and add force majeure as a reason for being unable to meet a performance test deadline. The amendments to the halogenated solvent cleaning rule add control requirements for continuous web cleaning machines, add a facility-wide standard and exempt small sources from the requirement to obtain an operating permit. Pursuant to § 227.114, Stats., the proposed rule may have an impact on any small business which is a major source of hazardous air pollutant emissions, especially the ones which operate one or more continuous web cleaning machines. DNR staff have made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. The proposed rule and supporting documents, including the fiscal estimate may be viewed and downloaded and comments electronically submitted through the [http://adminrules.wisconsin.gov} Web site (search this Web site using the Natural Resources Board Order No. AM-31-07). Written comments on the proposed rule may be submitted until January 11, 2008 via U.S. mail to Mr. Roger Fritz, Bureau of Air Management, PO Box 7921, Madison, WI 53707 or by e-mail to Roger.Fritz@wisconsin.gov. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. More information or a copy of the proposed rule and supporting documents, including the fiscal estimate may also be obtained from Robert Eckdale, Bureau of Air Management, PO Box 7921, Madison, WI 53707 or by calling him (608) 266-2856.
January 9 - The State of Wisconsin Division of Hearings and Appeals will hold a public contested case hearing pursuant to Wis. Stat. §§ 227.42, Wis. Admin. Code § NR 2, Wis. Stat. § 281.36, and Wis. Admin. Code Chap. 299, relating to the grant of water quality certification for Catherine Debarros to place wetland fill for a roadway in the town of Laona, Forest County, Wisconsin, at 9:30 a.m. in the County Board Room, Forest County Courthouse, 200 East Madison St., Crandon. The hearing will continue on January 10, 2007 if not completed on January 9. A site visit will be included as part of the hearing process. On April 26, 2006, Ms. Catherine DeBarros (Applicant), 3900 Mill Street, Laona, Wisconsin, 54541, filed an application with the Department of Natural Resources for Wetland Water Quality Certification to place fill material in wetlands for the proposed purpose of creating a connecting road for residential access. The proposed project is located in the SW ¼, SW ¼, of section 21, Township 36 North, Range 15 East. The Department of Natural Resources issued a Wetland WQC (Non-Federal) Permit number IP-NO-2006-21010UG on Oct. 6, 2006. The DNR received a petition for a contested case hearing challenging the issuance of the permit. For information contact the Division of Hearings And Appeals at (414) 258-6736.
January 14 - Pursuant to §§ 227.11(2)(a) and 281.15, Stats., interpreting § 281.15, Stats., the Department of Natural Resources will hold the last of three public hearings on revisions to ch. NR 105, Wis. Adm. Code, relating to surface water quality criteria at 6 p.m. in Conference Room A, Jim Coughlin Building, 625 County Road Y, Oshkosh. The Department is proposing to update surface water quality criteria for 15 substances and to develop new surface water quality criteria for 2 other substances. These updates and additions are the result of two federal initiatives. First, in 2000 U.S. EPA formally objected to aquatic life criteria for several substances in ch. NR 105 because the state criteria were not as protective as the federal criteria. Second, U.S. EPA has developed and updated human health criteria for some additional substances subsequent to the 2000 objections. The Department’s proposed updates and additions will ensure federal approval of the criteria for those substances. No changes are proposed in the procedures used for developing criteria in ch. NR 105, only the numerical criteria for some of the substances regulated are being addressed at this time. Of the 18 substances proposed for criteria revisions, it is estimated that no discharge permits will be affected for 14 of those substances. This is because the criteria are high enough and/or the discharge levels are low enough that no effluent limitations will be needed in any permit. The only substances for which changes in permit limitations are foreseen are arsenic, copper, nickel and selenium. The proposed rule and fiscal estimate may be reviewed and comments electronically submitted through the Wisconsin Administrative Rules Web site:
http://adminrules.wisconsin.gov or to JamesW.Schmidt@Wisconsin.gov. A copy of the proposed rule and fiscal estimate may be obtained from Jim Schmidt, Bureau of Watershed Management, PO Box 7921, Madison, WI 53707. Comments may be submitted until Feb. 16, 2008. Written comments whether submitted electronically or by U.S. mail to Schmidt at the above address and will have the same weight and effect as oral statements presented at the public hearings.
January 15, 17, 25 & 28 - Pursuant to §§ 227.11(2), 281.15, 283.13 and 283.17, Stats., interpreting §§ 281.15, 283.13 and 283.17, Stats., the Department of Natural Resources will hold a public hearing on the repeal of ch. NR 209, revisions to ch. NR 102 and the creation of subchs. V and VI to ch. NR 106, Wis. Adm. Code, relating to thermal standards for Wisconsin surface waters. The proposed rule will establish water quality standards for temperature (in ch. NR 102) and procedures to calculate water quality-based effluent limitations (in ch. NR 106) to regulate the discharge of heated wastewater to prevent adverse impacts to fish and other aquatic life. Two new subchapters will be created in ch. NR 106: subch. V entitled Effluent Limitations for Temperature and subch. VI entitled Alternative Effluent Limitations for Temperature. Subchapter V specifies data requirements, variance procedures, methods for determining the necessity for and calculation of water quality-based effluent limitations, application of and compliance with the limitations in WPDES permits, and other related limitation and permitting issues. As a primary means of assuring the limitations are water quality-based, the proposed rule takes into account the ambient temperature and flow of a receiving water in the calculation of effluent limitations. The effluent limitation calculation incorporates a mass balance equation, making it equivalent to other codified limit calculation procedures. The mass balance approach enables the determination of the amount of heat that a receiving water can assimilate without adversely affecting fish and aquatic life. Supplemental limits, including those of 120°F to prevent incidental injury (scalding) to humans and of 95°F to protect wetlands, ephemeral streams, and other limited aquatic life waterbodies, are also proposed. Additionally a “cap limit” is to be applied simultaneously with the calculated limit to prevent excessive acute mixing zones. Subchapter VI specifies procedures to determining alternative effluent limitations that may be established for point source discharges with limitations calculated under subch. V that are demonstrated to be more stringent than necessary to assure the protection and propagation of a balanced indigenous population of shellfish, fish and wildlife in and on the body of water into which the discharge is made. The subchapter includes application, compliance schedule and public notice procedures, among others. Subchapter VI replaces ch. NR 209 which is proposed to be repealed. The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site:
http://adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Michael Wenholz, Bureau of Watershed Management, PO Box 7921, Madison, WI 53707. Comments may be submitted until Feb. 28, 2008. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. More information or a copy of the proposed rule and fiscal estimate may be obtained from Wenholz. The hearings will be held:
January 15, Eau Claire - 1 p.m. in Room 158, DNR Region Hdqrs., 1300 W. Clairemont Ave.,
January 17, Waukesha - 1 p.m. in Room 151, Dreyfus State Office Building, 141 NW Barstow St.,
January 25, Madison - 1 p.m. in Room G09, GEF #2 State Office Bldg., 101 S. Webster St.,
January 28, Green Bay - 1 p.m. in the Lake Michigan Room, DNR Northeast Region Hdqrs., 2984 Shawano Ave.
January 15, 16 &17 - Pursuant to §§ 30.20(1), (1k), (1t) and (2), 30.206 and 227.11(2), Stats., interpreting §§ 30.20(1), (1g), (1k), (1m), (1t) and (2) and 30.206, Stats., the Department of Natural Resources will hold public hearings on revisions to ch. NR 345, Wis. Adm. Code, relating to general permit standards to allow operation of a motor vehicle on the beds of outlying waters to remove algae, mussels, dead fish and similar large public nuisance deposits and for the removal and control of invasive plants on exposed lakebeds. The operation of motor vehicles and the removal or disturbance of materials on the beds of navigable waterways (also known as dredging) is regulated by ch. 30, Stats., and ch. NR 345. The statutes and current rule allow lakefront property owners to apply for an individual permit to use mechanized methods to remove nuisance deposits or other invasive or unwanted vegetation. However, individual permits require a $500 application fee and a 30-day public comment period before the permit can be issued. Considering the changing lakeshore due to decreased water levels and the abundance of invasive species, the department proposes to revise ch. NR 345 to create two new general permits. The general permits would allow lakefront property owners to operate motor vehicles on the beds of “outlying” navigable waters to remove public nuisance deposits (Cladophora, Zebra mussels, dead fish, etc.) and to control and manage invasive vegetation on exposed lakebed more efficiently while complying with general permit conditions created to protect the public interest in the lakebed. The general permit has a $50 application fee and is processed in 30 days. Pursuant to § 227.114, Stats., the proposed rules may have an impact on small businesses including contractors, developers and consultants who provide plans or design for projects along public navigable waterways which may include the removal of unwanted aquatic plants and dead animals from shoreline as well as participating in invasive species control and management. The proposed rule and fiscal estimate may be reviewed and comments electronically submitted through the Wisconsin Administrative Rules Web site:
http://adminrules.wisconsin.gov or to MartinP.Griffin@Wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Martin Griffin, Bureau of Watershed Management, PO Box 7921, Madison, WI 53707. Comments may be submitted until Jan. 21, 2008. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. More information or a copy of the proposed rule and fiscal estimate may be obtained from Griffin at the above address or at - (608) 266-0842. The hearings will be held:
January 15, Waukesha - 10 a.m. in Room 151, Dreyfus State Office Building, 141 NW Barstow St.
January 16, Green Bay - 10 a.m. in Lake Michigan Room, DNR Northeast Region Hdqrs., 2984 Shawano Ave.
January 17, Video conference participation will be available at 10 a.m. in:
Ashland - Room 306, Conference Center, Wis. Indianhead Tech. College, 2100 Beaser Ave.
Marinette - Room L130, UW Center – Marinette, 750 W. Bay Shore St.
Superior - Large Conference Room, DOT Superior-District 8, 1701 N. 4th St.
January 16 – A public hearing on revision to an air pollution control permit No. 03-RV-248-R3.for Wisconsin Public Service Corporation - Weston Plant located at 2501 Morrison Avenue, Rothschild, Marathon County, Wisconsin, will be held at 1 p.m. in the Rib Mountain Town Hall, 3700 N. Mountain Road, Wausau. Wisconsin Public Service Corporation submitted to the Department of Natural Resources a request to revise air pollution control permit which was issued on October 19, 2004. Wisconsin Public Service Corporation - Weston Plant has requested that the permit be revised to clarify a series of requirements in the permit, revise record keeping procedures and add two small natural gas fired space heaters. The Central Office of the DNR has analyzed this material and has preliminarily determined that the project should meet applicable criteria for permit approval as stated in ss. 285.63 and 285.64, Wis. Stats. and should, therefore, be approved. This preliminary approval does not constitute approval from the Air Management Program or other DNR sections which may also require review. Written comments from the public regarding the proposed permit revisions will be considered in the DNR’s final decision regarding this proposal. Information, including plans and the DNR's analysis regarding this proposal, is available for public inspection on the Air Permit page of the DNR Web site at [http://dnr.wi.gov/org/aw/air/permits/APM_toc.htm] and at the Department of Natural Resources Bureau of Air Management, Seventh Floor, 101 South Webster Street, Madison, WI 53707. Interested persons wishing to comment on the preliminary determination should submit written comments to: Wisconsin Department of Natural Resources, Central Office, 101 S. Webster Street, Box 7921, Madison, WI 53707-7921. Attn.: Steven Dunn.
January 17 A telephone prehearing conference in the matter of the petition of United Liquid Waste Recycling, Inc. for review of WPDES Permit No. WI-0061514-02 will be held at 10 a.m. originating from the Division of Hearings and Appeals at (608) 266-3865 with 5005 University Avenue, Suite 201, Madison. Any person, organization or governmental unit wishing to become a party to this proceeding must appear at the conference in person or by an authorized representative. No testimony will be heard at the prehearing conference; however, a date may be set for the hearing on the merits at the conference. The Department of Natural Resources issued WPDES Permit No. WI-0061514-02-0 on Oct. 3, 2007, to regulate the discharges associated with the operations of United Liquid Waste Recycling, Inc.’s storage and treatment facility and land application activities. The subject facility is located at N2797 State Highway 26 in the Town of Clyman, Dodge County, Wisconsin and discharges into the groundwater of the Rock River Basin. The department received a petition for Contested Case Hearing to review the reasonableness of and necessity for certain terms in the permit. When the hearing is held it will be a Class 1 contested case pursuant to Wis. Stat. § 227.01(3)(a). For information contact the Division of Hearings and Appeals at (608) 266-7709.
January 17 - A public hearing pursuant to §§ 285.13(1) and 285.61(7), Wis. Stats. to receive public comments on the proposed Air Pollution Control Construction Permit No. 07-SDD-247 and Air Pollution Control Operation Permit No. 241007690-P11 for Wisconsin WE Energies, Oak Creek Station, 11060 S. Chicago, Oak Creek, Milwaukee County, Wisconsin will be held at 1 p.m. in the Council Chambers, Oak Creek City Hall, 8640 South Howell Ave., Oak Creek. WE Energies submitted to the Department of Natural Resources a permit application, including plans and specifications for construction and operation of material storage piles and material storage vessels. DNR has made a preliminary determination that the application meets state and federal air pollution control requirements and that the permit should be approved. The permit application, the DNR’s analysis and draft permit prepared by the DNR may be reviewed on the Air Permit page of the DNR Web site [http://dnr.wi.gov/air/permitzip/APM_toc.htm.] or at the DNR Air Management Headquarters, Seventh Floor, 101 South Webster St., Madison; DNR Southeast Region Headquarters, 2300 North Dr. Martin Luther King Jr. Drive, Milwaukee; and at the Oak Creek Public Library, 8620 S. Howell Ave., Oak Creek, or by contacting Steven Dunn at (608) 267-0566 or by e-mail at Steven.Dunn@wisconsin.gov. Written comments on the application or DNR’s review may be submitted by Jan. 18, 2008 to: Wisconsin DNR Bureau of Air Management, PO Box 7921, Madison, WI 53707-7921. Attn.: Steven Dunn. For more information contact Steven Dunn at (608) 267-0566.
Meetings
January 8 - The Governor’s Task Force on Global Warming – Technical Advisory Group will meet from 9 a.m. to 3 p.m. in room 713 of the State Natural Resources Building (GEF 2), 101 S. Webster St., Madison. For more information, or if you need special accommodations to attend this meeting, contact Caroline Garber, DNR, at (608) 264-9218 or caroline.garber@wisconsin.gov.
January 10 - The Green Tier advisors will meet by conference originating from the call State Natural Resources Building (GEF 2), 101 S. Webster St., Madison from 2:30 to 3:30 p.m. to go through Legislation Recommendation materials. These materials reflect discussions with the Advisors at the Dec. 6, 2007 meeting and subsequent to that meeting. For more information or to participate, contact Mark McDermid at - (608) 267-3125.
January 10, 11, 14, 15, 16 & 17 – Public information meetings on a proposal to slow the spread of invasive species into Wisconsin will be held around the state. The proposal classifies invasive species of plants, animals and nonagricultural plant pests into four different categories, two of which would be regulated and two which would not. The two regulated categories – prohibited and restricted – would make it illegal to import and export these species, buy, plant or release them. The informational meetings will offer a chance for the broader public to learn more about the classification system proposal, developed to reflect the recommendations of the Wisconsin Council on Invasive Species. These public input sessions are also aimed at providing the DNR with feedback to help further shape the proposal before it seeks permission from its policymaking board to conduct formal public hearings. For information contact Tom Boos (608) 266-9276 or Kelly Kearns (608) 267-5066. The meetings will all begin at 5:30 p.m. on the following dates at the locations listed:
January 10, Spooner - at the Spooner Agricultural Research Station, W6646 Hwy 70.
January 11, Rhinelander - (Listening Session Also From 2-4 p.m.), Learning Resources Center Theater, Nicolet College, 5364 College Dr.
January 14, Madison - UW Arboretum, McKay Center Auditorium, 1207 Seminole Highway.
January 15, Milwaukee - Governor's Room, Tommy Thompson Youth Center (Gate 5) Wisconsin State Fair Park, 640 South 84th St.
January 16, Green Bay - Brown Co. Central Library, 515 Pine St.
January 17, La Crosse - La Crosse Central High School, Commons (Room 126), 1801 Losey S. Blvd.
January 11 - The Natural Areas Preservation Council will meet at 9 a.m. in room 605 of the State Natural Resources Building (GEF 2), 101 South Webster St., Madison. The council will discuss matters related to the protection and management of Wisconsin State Natural Areas. Contact: Thomas Meyer at (608) 266-0394.
January 12- The Chronic Wasting Disease Stakeholder Advisory group will meet from 8a.m. - 8p.m. in the Gathering Waters and Glacier's Edge conference rooms at the DNR South Central Region Headquarters, 3911 Fish Hatchery Road, Fitchburg. The group will continue to draft recommendations for strategies to manage CWD. For more information, contact Alan Crossley, DNR CWD project manager, at (608) 266-5463 or Alan.Crossley@Wisconsin.gov.
January 14, 2008- The Karner blue butterfly habitat conservation plan – Implementation Oversight Committee will have a conference call meeting from 9 am to 12 pm in Room 428 of the State Natural Resources Building (GEF 2), 101 S. Webster St., Madison. The agenda includes a discussion of the winter partnership meeting, outreach and education, and training development. For more information, or if you need special accommodations to attend this meeting, contact Matt Krumenauer, DNR, at (608) 267-9680 or matt.krumenauer@wisconsin.gov
January 15 - The Accumulated Sediment Technical Advisory Committee (TAC) will meet from 9 a.m. to 1 .p.m. in the First Floor Conference Room of the Wisconsin Department of Trade and Consumer Protection (DATCP) building, 2811 Agriculture Drive, Madison. The TAC will discuss draft rule language to support the proposed self implementing, risk based approach to sediment management; further discus appropriate sampling, recordkeeping and when targeted use of DNR staff would be needed. For more information contact Tom Portle at (608) 267-0877.
January 16 – The DNR PM2.5 Workgroup will meet at 2 p.m. in Room 713 of the State Natural Resources Building (GEF 2), 101 S. Webster St., Madison. The purpose of the meeting is to discuss implementation of the PM2.5 rule including compliance demonstration, emission factors, modeling and NSR implementation. For information contact Gail Good at (608) 267-0803.
January 23 - The first public meeting for the Lower Fox River and Green Bay Total Maximum Daily Load (TMDL) will be held in the Board Room at the Grand Chute Town Hall in Grand Chute. There will be two available sessions to attend: 2:30 to 4 p.m. and 6 to 7:30 p.m.. The purpose of the meeting is to introduce the TMDL development process and proposed water quality targets for the Lower Fox River and Green Bay TMDL. There will be a short formal presentation, followed by an open house for people to ask questions. The public will have 30 days following the meeting to comment on the scope of work and water quality targets being considered for the TMDL. For more information, please contact Nicki Richmond at (608)-266-0152 or nicole.richmond@wisconsin.gov.
January 23 - The DNR Migratory Game Bird Committee will be having a meeting from 9 a.m. to 3 p.m. at the Comfort Suites Hotel, N5780 Kinney Road, Hwy 78 South, Portage. The group will discuss mourning dove management and wetlands management, among other topics. For more information, please contact Kim Benton, DNR Assistant Migratory Game Bird Ecologist, at (608) 261-6458.
January 23 – Milwaukee River Revitalization Council Meeting 4 to 5:30 p.m. at Mequon Nature Preserve, Mequon. Agenda includes: Milwaukee Regional Partnership Initiative/MRRC Cooperation; Kinnickinnic River Remediation Projects, & Kinnickinnic River Sediment Cleanup. For more information, contact Matthew Aho at (414)-263-8586.
Wisconsin DNR News
Edited by Paul Holtan
Wisconsin Department of Natural Resources
PO Box 7921
Madison WI 53707-7921
(608) 267-7517
Fax: (608) 264-6293
E-mail: paul.holtan@dnr.state.wi.us
http://dnr.wi.gov/org/caer/ce/news/
