Hydroelectric Relicensingin Vermont

Brian Fitzgerald

Vermont Agency of Natural Resources

Hydropower in Vermont

• Licensed – 59 (662 MW)– 40 comply with WQS– 19 to be addressed through relicensing

• Exempt – 15 (14 MW)– 13 comply with WQS– 2 to be addressed through WQS

• Unlicensed – 21 (26 MW)– 3 comply with WQS– 18 to be addressed through state authority

95 Operating Facilities

Vermont Hydroelectric Facilities

The Relicensing Team

• Dept. of Environmental Conservation –Water Quality Division– Hydrology (Team Leader)– Wetlands, Lakes, River Corridor Management

• Dept. of Fish and Wildlife– Fisheries– Wildlife– Non-game and natural heritage

• Division for Historic Preservation (SHPO)• U.S. Fish and Wildlife Service

Vermont Water Quality Standards

• Hydrology– Policy– Criteria– ANR Procedure

• Class B Waters– Management Objectives– Criteria

Hydrology Policy

“The proper management of water resources now and for the future requires careful consideration of the interruption of the natural flow regime and the fluctuation of water levels resulting from the construction of new and the operation of existing dams, diversions, and other control structures.”“These rules … provide a means for determining conditions which preserve, to the extent practicable, the natural flow regime of waters.”

Hydrology CriteriaFlows

“Any change from the natural flow regime shall provide for maintenance of flow characteristics that ensure the full support of uses and comply with the applicable water quality criteria.”

“In the absence of site specific studies, the Secretary may establish hydrologic standards and impose additional hydrologic constraints…to ensure compliance with the requirements of this section.”

ANR Procedure for Determining Acceptable Minimum Stream Flows

• Adopted in 1993• Uses USFWS NE Flow Policy:

– Flow Standards based on seasonal median flows– Alternatively, applicants may do site specific

studies

• De Minimis Withdrawals– No permit required for withdrawal rates less than

5% of 7Q10 or less than .005 x drainage area (mi2)

Hydrology CriteriaWater Level Fluctuations

“Lakes, ponds, reservoirs, riverine impoundments, and any other waters may exhibit artificial variations in water level when subject to water level management but only to the extent that such variations ensure full support of uses.”

Class B WatersManagement Objectives

• Aquatic Biota, Wildlife and Aquatic Habitat – Aquatic biota and wildlife supported by high quality habitat

• Aesthetics – Water character, flows, water level, bed and channel characteristics exhibiting good aesthetic value

• Boating, Fishing and Other Recreational Uses – Suitable for these uses

Class B WatersCriteria

• Aquatic Biota, Wildlife and Aquatic Habitat– No change from the reference condition that would

prevent the full support of aquatic biota, wildlife, or aquatic habitat uses

– Biological integrity is maintained and all expected functional groups are present in a high quality habitat

– All life-cycle functions, including overwintering and reproductive requirements are maintained and protected

Class B WatersCriteria

• Aesthetics – Consistently exhibit very good aesthetic values

• Boating – To the extent naturally feasible with no more than minor degradation; mitigation for artificial physical impediments

Flow/Reservoir Management

• Conservation flows– Bypass– Downstream

• Aesthetics flows– Flow requirement– Method

• Ramping• Reservoir management

– Seasonal elevation limits– Limits on elevation changes

Flow/Reservoir Management

• Flow management plan

• Flow/reservoir monitoring plan– Inflow– Outflow– Reservoir elevations

• Deviation from conditions

Water Quality

• Dissolved oxygen and temperature– Monitoring plan– Mitigation measures

• Mercury– Monitoring– Mitigation??

• Sediment– Erosion control

Fisheries

• Passage– Downstream– Upstream

• Mitigation

Recreation

• Recreation plan

• Public access

Wildlife and T&E Species

• T&E species management plan

• Wildlife– Habitat management plan

• Riparian areas• Wetlands• Water quality protection

Brian T. FitzgeraldAgency of Natural Resources

Water Quality Division103 South Main Street, Building 10 North

Waterbury, VT 05671-0408

802.241.3468802.241.3287 (fax)

brian.fitzgerald@anr.state.vt.us

www.vtwaterquality.org