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Article 401
-"The Licensee shall maintain the following state water quality standards for dissolved oxygen and temperature..."

Article 402
-"Within 180 days of issuance of this license, the Licensee shall develop and file with the Commission for approval, a water quality monitoring plan. The plan shall be developed for a one year sampling period...."

Article 403
-"Within 180 days of issuance of this license of this license, the Licensee shall file with the Commission, for approval, a plan to maintain the following flow gaging data, through the use of existing gaging equipment..."

Article 413
-"Within one year of issuance of this license, the Licensee shall develop and implement a water contaminants testing plan for monitoring water, sediment, and fish for water contaminants, whereby water quality sampling will be conducted..."



Article 401

The Licensee shall maintain the following state water quality standards for dissolved oxygen and temperature at each development when river discharges are greater than or equal to the 95% exceedance flow:

the dissolved oxygen concentrations in the project tailwaters shall not be less than 5 milligrams per liter (mg/l) at any time;

the average monthly temperatures in the project tailwaters shall not be greater than 5 0F warmer than in the waters upstream from the impoundments;

the average daily temperature downstream of each development shall not exceed the following temperatures (0F) :


Jan.  Feb.  March   April   May  June  July  Aug.  Sept.   Oct.   Nov.   Dec.



 38    38     41      56     70   80     83   81    74      64     49     39



These monthly average temperature limits may be exceeded for short periods after consultation with the Michigan Department of Natural Resources when natural inflow water temperatures measured upstream of each development exceeds the water temperatures listed above. The Licensee shall implement all reasonable measures to maintain applicable water quality standards at the Thunder Bay River Project developments, in order to preserve existing river uses.

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Article 402



Within 180 days of issuance of this license, the Licensee shall develop and file with the Commission for approval, a water quality monitoring plan. The plan shall be developed for a one year sampling period. The Licensee shall prepare the plan after consultation with the Michigan Department of Environmental Quality (MDEQ), the U.S. Fish and Wildlife Service (USFWS), and the U.S. Geological Survey (USGS).

The Licensee shall include with the plan documentation of agency consultation, copies of comments and recommendations on the completed pan after it has been prepared and provided to the agencies, and specific descriptions of how the agencies’ comments are accommodated by the plan. The Licensee shall allow a minimum of 30 days for the agencies to comment and to make recommendations before filing the plan with the Commission. If the Licensee does not adopt a recommendation, the filing shall include the Licensee’s reasons, based on site-specific information.

The Commission reserves the right to require changes to the plan. Upon Commission approval, the Licensee shall implement the plan, including any changes required by the Commission. The plan shall include:

(a) dissolved oxygen and water temperature monitoring above the hydraulic influence and immediately below each development (Four Mile, Ninth Street, Norway Point and Hillman Dams), as determined in consultation with the MDEQ, USFWS and USGS;

(b) temperature monitoring at eleven locations, as determined in consultation with the MDEQ, USFWS and the USGS, shall be conducted all year. Readings shall be taken on at least an hourly basis;

(c) dissolved oxygen monitoring at six locations, as determined in consultation with the MDEQ, USFWS and the USGS, shall be collected from grab samples once in the morning (4:00am to 8:00am) and afternoon (2:00pm to 6:00pm) five days per week from May 15 until October 15;

(d) temperature and dissolved oxygen monitoring once every two weeks from June 1 through August 31 and once mid-month for the months of January, February and March in the deepest portion of each development impound, taken at 0.5-meter increments or less;

analysis and summarization of water quality data according to the reporting standards contained with the water quality certificate issued for the projects by the Michigan Department of Natural Resources on March 16, 1995; and

(f) compilation and reporting of water quality monitoring results to the agencies and Commission and preparation of a summary report.


The Licensee shall file the results of the monitoring with the MDEQ, USFWS, and the USGS within six months of completing the monitoring. The Licensee shall allow a minimum of 30 days for the agencies to comment and make recommendations before filing the report with the Commission. The Licensee shall file with the Commission the results of the monitoring, copies of comments and recommendations from the agencies, and any necessary or proposed changes to the project or project operations needed to maintain state water quality standards.

The Commission reserves the right to require additional monitoring, if deemed necessary. Should the results of monitoring indicate that changes in the project or project operation are necessary to ensure maintenance of state water quality standards, the Commission may direct the Licensee to modify project operations.

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Article 403

Within 180 days of issuance of this license of this license, the Licensee shall file with the Commission, for approval, a plan to maintain the following flow gaging data, through the use of existing gaging equipment, retrofitting existing gaging equipment, or installation of new or additional gaging. All flow recording gages should, at a minimum, meet calibration and accuracy standards as specified by the U.S. Geological Survey for streamflow recording gages.

The Licensee shall provide gaging of the type specified at the following locations:

(a) install minimum flow release streamflow gages immediately downstream of Hubbard Lake (Lower South Branch) and Upper South Reservoir or Fletcher Pond (Upper South Branch), to document minimum flow release compliance as required in Article 407;

(b) install a streamflow recording gage below Four Mile Dam, for the purposes of recording total streamflow for USGS flow record purposes, by either repairing and retrofitting the existing two-gage system, or installing new equipment at the same or a new location;

(c) install an additional streamflow recording gage below Hillman dam, but only if the existing impoundment level and tailwater recording equipment can be retrofitted, calibrated, and rated to USGS streamflow standards;

(d) maintain the existing telemonitored impoundment and tailwater level sensors at Ninth Street, Norway Point, Hillman, and Hubbard Lakes, and maintain the impoundment and tailwater levels at the Four Mile Development, either manually or by telemonitored recording equipment.. Install a telemonitored pond level gage on Fletcher Pond (Upper South Development) only if generation facilities are installed; and

(e) install staff gages on the upstream face of each dam, calibrated to show the water surface elevation, and positioned such that they are clearly visible to the general public.


The plan shall include, at a minimum, the following items for each gaging site:

(1) a schedule for installing or upgrading all gaging devices and demonstrating rating to USGS standards within 18 months from the date of issuance of this license;

(2) the proposed locations of the flow measuring devices;

(3) the design of the devices, including any pertinent hydraulic calculations or calibrations required; and

(4) the method of data collection and recording, and provisions for providing data to the regulatory agencies in a timely manner. This shall include providing a summary report to the requesting agencies on computer disk. Data for less than five days shall be provided within two working days upon request, all other requests shall be provided within fourteen working days.

The Licensee shall prepare the plan after consultation with the Michigan Department of Natural Resources, the U.S. Fish and Wildlife Service, and the U.S. Geological Survey.

The Licensee shall include with the plan documentation of agency consultation, copies of comments and recommendations on the completed plan after it has been prepared and provided to the agencies, and specific descriptions of the agencies' comments are accommodated by the plan. The Licensee shall allow a minimum of 30 days for the agencies to comment and to make recommendations before filing the plan with the Commission. If the Licensee does not adopt a recommendation, the filing shall include the Licensee's reasons, based on site-specific information.

The Commission reserves the right to require changes to the plan. Upon Commission approval, the Licensee shall implement the plan, including any changes required by the Commission.

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Article 413

Within one year of issuance of this license, the Licensee shall develop and implement a water contaminants testing plan for monitoring water, sediment, and fish for water contaminants, whereby water quality sampling will be conducted at each impoundment one every five years, with testing of sediments and fish limited to only prior to, and as a planning tool for, significant drawdowns of concern (eg., greater than three feet). The plan shall include:

(a) provisions for selection of sample sites, collecting water, sediment and/or fish samples, and preserving samples for laboratory analysis;

(b) analysis of each sample type for the parameters listed and in accordance with Appendix A of the water quality certificate for the Hillman Hydroelectric Project, issued by Michigan Department of Natural Resources on March 16, 1995; and

(c) provisions to supply raw data, analysis results, conclusions, and operational plans to the agencies following each monitoring event and before any significant drawdown of an impoundment.

The Licensee shall prepare the plan after consultation with the Michigan Department of Natural Resources, and the U.S. Fish and Wildlife Service. The Licensee shall allow a minimum of 30 days for the agencies to comment on the plan and make recommendations before filing the plan with the Commission. The Licensee shall file with the Commission the plan, copies of the comments and recommendations from the agencies, and any necessary or proposed changes to the project or project operations needed to implement the plan. The Commission reserves the right to require changes to the plan. Upon Commission approval, the Licensee shall implement the plan, including any changes required by the Commission.

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