NR 111.41(18) (18) Design and construction technology plan. To comply with s. NR 111.21 (2) (a) 4. and 5., the owner or operator of the facility shall submit to the department a design and construction technology plan, which shall include all of the following:

NR 111.41(18)(a) (a) Delineation of the hydraulic zone of influence for the cooling water intake structure.

NR 111.41(18)(b) (b) A statement declaring whether each of following statements are true or false and any evidence necessary to support each claim:

NR 111.41(18)(b)1. 1. Threatened, endangered, or otherwise protected federal, state or tribal species or federally designated critical habitat for these species is present within the hydraulic zone of influence of the owner or operator’s cooling water intake structure.

NR 111.41(18)(b)2. 2. Migratory, sport, or commercial species of impingement concern pass through the hydraulic zone of influence of the owner or operator’s cooling water intake structure.

NR 111.41(18)(b)3. 3. The department, U.S. environmental protection agency, or U.S. fish and wildlife service has determined that the proposed facility, after meeting the technology-based performance requirements specified in s. NR 111.21 (2) (a) 1. to 3., will still contribute unacceptable stress to the protected species, federally designated critical habitat of those species, or species of concern.

NR 111.41(18)(b)4. 4. There are, or will be upon commencement of operation, undesirable cumulative stressors affecting entrainable life stages of species of concern to the department.

NR 111.41(18)(c) (c) A plan that explains the technologies and measures selected if the owner or operator of a new facility is required to install design and construction technologies or operational measures. The plan shall be based on information collected for the source water baseline biological characterization required under sub. (3). The plan shall include all of the following information:

NR 111.41(18)(c)1. 1. A narrative description of the design and operation of the design and construction technologies, including fish-handling and return systems, that the owner or operator will use to maximize the survival of the species expected to be most susceptible to impingement. Provide species-specific information that demonstrates the efficacy of the technology.

NR 111.41(18)(c)2. 2. A narrative description of the design and operation of the design and construction technologies that the owner or operator will use to minimize entrainment of the species expected to be the most susceptible to entrainment, which shall include species-specific information that demonstrates the efficacy of the technology.

NR 111.41(18)(c)3. 3. Design calculations, drawings, and estimates to support the descriptions provided in subds. 1. and 2.

NR 111.41 Note Note: Examples of appropriate technologies include wedgewire screens, fine mesh screens, fish handling and return systems, barrier nets, and aquatic filter barrier systems. Examples of appropriate operational measures include seasonal shutdowns, reductions in flow, and continuous operations of screens.

NR 111.41(19) (19) Track II comprehensive demonstration study. The owner or operator of the facility shall perform and submit the results of a comprehensive demonstration study. This information is required to characterize the source water baseline in the vicinity of the cooling water intake structure, characterize operation of the cooling water intake, and to confirm that the technology proposed or implemented at the cooling water intake structure reduces the impacts to fish and shellfish to levels comparable to those the owner or operator would achieve through implementation of the requirements specified in s. NR 111.21 (2) (a) 1. and 2. of track I. To meet this requirement, the owner or operator of the facility shall do all of the following:

NR 111.41(19)(a) (a) Demonstrate reduction of both impingement mortality and entrainment of all life stages of fish and shellfish to 90 percent or greater of the reduction that would be achieved through s. NR 111.21 (2) (a) 1. and 2.

NR 111.41(19)(b) (b) Develop and submit to the department a plan containing a proposal for how information will be collected to support the study. The plan shall include all of the following:

NR 111.41(19)(b)1. 1. A description of the proposed or implemented technologies to be evaluated in the study.

NR 111.41(19)(b)2. 2. A list and description of any historical studies characterizing the physical and biological conditions in the vicinity of the proposed or actual intakes and their relevancy to the proposed study. If the owner or operator proposes to rely on existing source waterbody data, the data shall be no more than 5 years old, the owner or operator of the facility shall demonstrate that the existing data are sufficient to develop a scientifically valid estimate of potential impingement and entrainment impacts, and the owner or operator of the facility shall provide documentation showing that the data were collected using appropriate quality assurance or quality control procedures.

NR 111.41(19)(b)3. 3. Documentation of any public participation or consultation with federal or state agencies undertaken in developing the plan.

NR 111.41(19)(b)4. 4. A sampling plan for data that will be collected using actual field studies in the source waterbody, including all of the following:

NR 111.41(19)(b)4.a. a. A description of all methods and quality assurance procedures that will be used for sampling and data analysis. The sampling and data analysis methods proposed shall be appropriate for a quantitative survey and based on consideration of methods used in other studies performed in the source waterbody.

NR 111.41(19)(b)4.b. b. A description of the study area, including the hydraulic zone of influence of the cooling water intake structure and at least 100 meters beyond.

NR 111.41(19)(b)4.c. c. Taxonomic identification of the sampled or evaluated biological assemblages, including all life stages of fish and shellfish.

NR 111.41(19)(c) (c) Submit documentation of the results of the study to the department. Documentation of the results of the study shall include all of the following:

NR 111.41(19)(c)1. 1. A source water biological study. The source water biological study shall include all of the following:

NR 111.41(19)(c)1.a. a. A taxonomic identification and characterization of aquatic biological resources, including a summary of historical and contemporary aquatic biological resources; determination and description of the target populations of concern; the species of fish and shellfish and all life stages that are most susceptible to impingement and entrainment; and a description of the abundance and a temporal and spatial characterization of the target populations based on the collection of multiple years of data to capture the seasonal and daily activities, such as spawning, feeding, and water column migration, of all life stages of fish and shellfish found in the vicinity of the cooling water intake structure.

NR 111.41(19)(c)1.b. b. An identification of all threatened or endangered species that may be susceptible to impingement and entrainment by the cooling water intake structure.

NR 111.41(19)(c)1.c. c. A description of additional chemical, water quality, and other anthropogenic stresses on the source waterbody.

NR 111.41(19)(c)2. 2. An evaluation of potential cooling water intake structure effects. This evaluation shall include all of the following:

NR 111.41(19)(c)2.a. a. Calculations of the reduction in impingement mortality and entrainment of all life stages of fish and shellfish that would need to be achieved by the selected technologies to meet requirements under track II. To do this, the owner or operator of the facility shall determine the reduction in impingement mortality and entrainment that would be achieved by implementing the requirements specified in s. NR 111.21 (2) (a) 1. and 2. of track I.