Proposed Rule Text

12. Place where comments are to be submitted and deadline for submission:

Written comments may be submitted at the public hearings, by regular mail, or by email to:

Kristi Minahan

Wisconsin Department of Natural Resources

Bureau of Water Quality WY/3

101 S. Webster St.

P.O. Box 7921

Madison, WI 53707-7921

[e-mail]

Written comments may also be submitted to the Department at [e-mail].

Hearing dates and the comment submission deadline are to be determined.

The proposed rule below is consistent with Option A for the main basins of the lake. Option B would require no rule change.

Section 1   NR 102.06 (4) (intro.) is amended to read:

Except as provided in sub. (1)subs. (6) and (7), to protect fish and aquatic life uses established in s. NR 102.04 (3) and recreational uses established in s. NR 102.04 (5), total phosphorus criteria are established for reservoirs and lakes as follows:

Section 2   NR 102.06 (7) is renumbered NR 102.06 (7) (a).

Section 3   NR 102.06 (7) (b) (Intro), 4., (Note for subd. 4.) and (Note 3 for sub. (7)) are created to read: [Note to LRB: Board Order WY-09-18 creates (7) (b) 1. to 3.]

NR 102.06 (7) (b) Site specific criteria apply to the following waterbodies to protect fish and aquatic life uses and recreational uses:

4. For Lac Courte Oreilles, a stratified two-story fishery lake, the total phosphorus criterion is 10 µg/L. Attainment of the criterion is determined by taking samples at or near the deepest points of the lake’s two-story fishery basins: East, Central, and West Basins.

Note for subd. 4.: The Musky Bay portion and other bays of Lac Courte Oreilles do not have, and have not historically had, two-story fishery habitat. However, if the criterion for Lac Courte Oreilles is not attained at any of the three deep points, then the lake as a whole, including Musky Bay and other small bays, would be listed as impaired.

Note 3 for sub. (7): To determine whether a phosphorus criterion is achieved, samples are taken near the deepest part of a waterbody. A waterbody’s phosphorus criterion is not applicable to samples taken in bays.

Section 4. Effective Date. This rule takes effect on the first day of the month following publication in the Wisconsin Administrative Register as provided in s. 227.22 (2) (intro.), Stats.

Section 5. Board adoption. This rule was approved and adopted by the State of Wisconsin Natural Resources Board on [DATE].

Dated at Madison, Wisconsin _____________________________.

        STATE OF WISCONSIN    

          DEPARTMENT OF NATURAL RESOURCES                

          BY ______________________________________

            Preston D. Cole, Secretary

(SEAL)