Update on November 8, 2019 WDNR Hearing Regarding the Phosphorus Standard for LCO
The WDNR hearing in Bass Lake township on the new phosphorus standard for Lac Courte Oreilles was a great success for COLA. One reason is that, prior to the meeting WDNR received 165 comments in support of lowering LCO’s phosphorus standard to 10 parts per billion (ppb). Even the U.S. Environmental Protection Agency joined the chorus supporting COLA’s science backing the 10 ppb standard.
Only 18 comments were in opposition. (You can look at all the comments here.)
Remember … WDNR was required to create a 10 ppb sight specific criterion (SSC) for LCO by the Dane County Court after a three-year legal struggle!
As Gary Pulford, COLA’s vice-president, reported about the hearing, “... the room was full (standing room only) of LCO supporters. Terrell Boettcher and I counted 60+ people, not including WDNR staff, in attendance. Ben Crary (LimnoTech), Alf Sivertson, Brian Bisonette (LCO Tribe), Kevin Horrocks (COLA’s president), and Rob Gales (LCOFI’s president) all did a great job representing COLA/Tribe/LCOFI interests in the matter. In addition, another 15+ people spoke in support of the 10 ppb SSC. All in all ... a very good day.”
Paul Eckerline, COLA board member, added “I was never so proud to be a part of COLA. Hopefully this time, but, if not, the next, COLA is the winning team … we will prevail.”
In addition to the statements at the hearing, the COLA/Tribe written comments and hearing presentation were submitted to WDNR by the close of business Nov. 12th.
For a more thorough account of the hearing see Terrell Boettcher’s article in the Nov, 14 edition of the Sawyer Co. Record. (Contact COLA) if you’d like to review a hard copy of this article.)
WDNR Finally Acts
WDNR announced its decision about the phosphorus standard shortly after its Jan. 8, 2020 deadline to do so. From WDNR's announcement:
"The department received a significant number of public comments (both in writing and at the hearing) as well as comments from U.S. EPA. Based on the comments, the Department conducted additional data analysis using revised methods. With this additional analysis, the Department found that a criterion of 10 ug/L total phosphorus is within a reasonable range to increase survival of whitefish within the lake, under some conditions. [Note: ug/L is equivalent to ppb.] A site-specific criterion of 10 ug/L total phosphorus for LCO is more stringent than the statewide total phosphorus criterion of 15 ug/ L that applies to other two-story fishery lakes. A criterion of 10 ug/L will help increase survival of whitefish, which is the most sensitive species in the lake, in the lake's East Basin."
Simply put, WDNR now recommends a 10 ppb phosphorus criterion for LCO.
What are the Next Steps?
Even though WDNR was required to create a 10 ppb SSC for LCO by the Dane County Court and even though WDNR has finally followed through, the Wisconsin Natural Resources Board has to approve WDNR’s decision. Then the Governor must approve it, and finally the state legislature must vote on the decision. Fortunately, all this must be completed by mid-February, 2020.