2017 Remedial Action Plan Update for the Lower Menominee River Area of Concern

2017 REMEDIAL ACTION PLAN UPDATE

for the

LOWER MENOMINEE RIVER AREA OF CONCERN

DRAFT December 29th, 2017

Wisconsin Department of Natural Resources Office of Great Waters

Michigan Department of Natural Resources Office of the Great Lakes

DRAFT 2017 RAP Update for the Lower Menominee River AOC December 29th, 2017

2017 Remedial Action Plan Update for the Lower Menominee River Area of Concern

Compiled by Laurel Last, Wisconsin Department of Natural Resources (WDNR) Lower Menominee River Area of Concern (AOC) Coordinator, and Stephanie Swart, Michigan Department of Natural Resources (MDNR) Lower Menominee River AOC Coordinator

With Input and Contributions From:

Citizens Advisory Committee (CAC) members Mark Erickson, Michigan Committee Co-chair Keith West, Wisconsin Committee Co-chair Becky Berry, UW-Marinette (student) Donna Buechler, Menominee Conservation District Gail Clark, M&M Great Lakes Sport Fishermen John Clark, M&M Great Lakes Sport Fishermen Jim Cox, Tyco International Nancy Douglas, Menominee Business Development Corporation John Groleau, Resolute Forest Products Stephen Kellner, Northern Anglers Fishing Club Jon Kukuk, Nest Egg Marine Trygve Rhude, Chappee Rapids Audubon Society Steve Zander, Past Wisconsin Committee Co-chair

Technical Advisory Committee (TAC) members Bureau of Land Management (BLM): Derek Strohl Chappee Rapids Audubon Society: Trygve Rhude Eagle Creek Renewable Energy (ECRE), formerly North American Hydro Holdings (NAH): Paul Radzikinas Lloyd Flanders: Mark Erickson Michigan Department of Environmental Quality (MDEQ): Joe Bohr Michigan Department of Natural Resources (MDNR): Craig Albright, Patrick Hanchin, Jennifer Johnson, Darren Kramer, Jessica Mistak, Stephanie Swart U.S. Environmental Protection Agency (USEPA): John Perrecone U.S. Fish and Wildlife Service (USFWS): Betsy Galbraith, Nick Utrup University of Wisconsin-Marinette: Wendel Johnson, Keith West WDNR: Kendra Axness, Cheryl Bougie, Donalea Dinsmore, Mike Donofrio, David Halfmann, John Huff, Laurel Last, Tammie Paoli, Vic Pappas, Ben Uvaas

Disclaimer The Great Lakes Water Quality Agreement is a non-regulatory agreement between the U.S. and Canada, and criteria developed under its auspices are non-regulatory. The actions identified in this document are needed to meet beneficial use impairment (BUI) removal targets leading to the delisting of the Lower Menominee River AOC. These actions are not subject to enforcement or regulatory actions.

Cover Photo: Menekaunee Harbor restoration looking upriver. Photo by Stephanie Swart, MDNR.

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EXECUTIVE SUMMARY

After decades of effort, all the necessary actions to delist the Menominee River Area of Concern (AOC; Figure 1) have been completed. Presently the focus is on formally removing Beneficial Use Impairments (BUIs) and monitoring fish and wildlife habitat restoration projects to verify that AOC fish and wildlife goals are being met. In 2017, Restrictions on Dredging Activities and Degradation of Benthos BUIs were removed. The Wisconsin Department of Natural Resources (WDNR) and Michigan Department of Natural Resources (MDNR; Michigan’s Office of the Great Lakes became part of MDNR on December 28, 2017) completed the draft removal documentation for the Restrictions on Fish and Wildlife Consumption BUI, engaging stakeholders along the way. The AOC Citizens Advisory Committee (CAC) and Technical Advisory Committee (TAC) support removal of the BUI. The states intend to submit the BUI removal package to the U.S. Environmental Protection Agency (USEPA) Great Lakes National Program Office (GLNPO) for concurrence in early 2018, after considering any comments submitted during the public review period.

The 2013 Fish and Wildlife Population and Habitat Management and Restoration Plan Update (Plan; WDNR and Michigan Department of Environmental Quality [MDEQ], 2013a) is the principal document guiding the removal of the Degradation of Fish and Wildlife Populations and Loss of Fish and Wildlife Habitat impairments. The Plan lists the activities, objectives, and goals required to remove these impairments. All of the activities contributing towards the achievement of objectives have either been completed or are in progress. Four of the five overarching restoration goals and nine of the ten objectives contained in the Plan have been achieved, and only one objective and one goal remain (see Appendices A and C).

Probable significant milestones to be reached in 2018: • Removal of Restrictions on Fish and Wildlife Consumption BUI • Removal of Degradation of Fish and Wildlife Populations BUI • Removal of Loss of Fish and Wildlife Habitat BUI • Completion of the final year of a three-year monitoring and maintenance period at Menekaunee Harbor habitat restoration project • Completion of the second year of a three-year monitoring and maintenance period at South Channel habitat restoration project • Completion of the final year of monitoring and maintenance of island rookery habitat restoration project

The management actions required for delisting the Lower Menominee River AOC are now complete. Two BUIs were removed in 2017, and the states intend to propose a third BUI for removal in early 2018. In addition, the states plan to recommend the last two BUIs for removal in 2018, providing monitoring confirms that the vegetation objectives of the habitat restoration projects are being met. Once all of the BUIs have been removed, then the formal delisting process begins. The AOC could potentially be delisted in 2018, depending on the length of the delisting process.

Continued progress has been possible with the help of many partners who have put a lot of effort into restoring the Lower Menominee River AOC. Great Lakes Restoration Initiative (GLRI) funding has been a critical component of this effort.

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TABLE OF CONTENTS

EXECUTIVE SUMMARY ...... II TABLE OF CONTENTS ...... III PURPOSE STATEMENT ...... 1 RECENT PROGRESS ...... 5 WISCONSIN PUBLIC SERVICE CORPORATION (WPSC) COAL TAR SITE ...... 5 ANSUL/TYCO ARSENIC SITE ...... 5 MENEKAUNEE HARBOR LEGACY SITE ...... 5 LOWER SCOTT FLOWAGE (LSF) SEDIMENT CHARACTERIZATION ...... 5 RIO VISTA SLOUGH (RVS) SEDIMENT CHARACTERIZATION ...... 5 LOWER MENOMINEE RIVER FISH PASSAGE ...... 6 ISLAND ROOKERY HABITAT RESTORATION ...... 6 SOUTH CHANNEL ...... 7 MENEKAUNEE HARBOR HABITAT RESTORATION ...... 7 STAKEHOLDER ENGAGEMENT AND OUTREACH ...... 8 BENEFICIAL USE IMPAIRMENT UPDATES ...... 10 RESTRICTIONS ON FISH AND WILDLIFE CONSUMPTION...... 10 RESTRICTIONS ON DREDGING ACTIVITIES ...... 12 DEGRADATION OF BENTHOS ...... 13 DEGRADATION OF FISH AND WILDLIFE POPULATIONS AND LOSS OF FISH AND WILDLIFE HABITAT ...... 14 RESTRICTIONS ON RECREATIONAL CONTACT (BEACH CLOSINGS) ...... 16 REFERENCES ...... 17

iii DRAFT 2017 RAP Update for the Lower Menominee River AOC December 29th, 2017

List of Figures Figure 1. The boundaries of the Lower Menominee River AOC ...... 2 Figure 2. Restoration sites in the Lower Menominee River AOC ………………………………………4

List of Tables Table 1. Current status of BUIs in the Lower Menominee River AOC (Refer to Appendix C for more detail) ...... 3 Table 2. Community outreach activities ongoing or completed in 2017.…………………...…...... 10

List of Appendices Appendix A Acronyms and Initialisms Appendix B Definitions Appendix C Lower Menominee River AOC Tracking Matrix Appendix D Goals and Objectives Table (Table 1) from 2013 Fish and Wildlife Population and Habitat Management and Restoration Plan Update, showing progress Appendix E Letter of Support for the 2017 RAP Update from the CAC

iv DRAFT 2017 RAP Update for the Lower Menominee River AOC December 29th, 2017

PURPOSE STATEMENT

This Remedial Action Plan (RAP), which updates the 2016 RAP, documents and communicates progress made in the AOC in the last year and shares the path forward with our partners and stakeholders. The RAP includes a concise summary of BUI status and tracks progress on specific actions that are important for reaching the delisting targets. These “actions” may include on-the-ground restoration projects, monitoring and assessment projects, and stakeholder engagement processes. As the primary agencies with the responsibility to develop and implement the RAP, the WDNR and the MDNR are committed to making progress in remediating and restoring this AOC. In order to be lasting and effective, the AOC program must be one of continuous improvement, evaluating its course as new information and technology become available. Subsequent RAP updates will be produced as needed to incorporate new information.

RAPs are required by Annex 1 of the Great Lakes Water Quality Protocol of 2012, which replaced the 1987 Protocol and 1978 (as amended in 1983) Great Lakes Water Quality Agreement (GLWQA). The 2012 Protocol indicates that RAPs must include the following elements:

1. Identification of beneficial use impairments (BUIs) and causes; 2. Criteria for the restoration of beneficial uses that take into account local conditions and established in consultation with the local community; 3. Remedial measures to be taken, including identification of entities responsible for implementing these measures; 4. A summary of the implementation of remedial measures taken and the status of the beneficial use; and 5. A description of surveillance and monitoring processes to track the effectiveness of remedial measures and confirm restoration of beneficial uses.

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Figure 1. The boundaries of the Lower Menominee River AOC. Green Island, which was included in the AOC in the 1996 RAP, is not visible on this map, and is located approximately five miles east from Seagull Bar.

For additional information about the history of the AOC and a narrative description of the AOC boundary, please refer to previous RAP documents, which are available online: http://dnr.wi.gov Search “Lower Menominee River AOC”; RAP documents are stored on the “AOC Plans” tab. A listing of previous RAPs, RAP Updates, and important historical documents is included in the References section.

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Table 1. Current status of BUIs in the Lower Menominee River AOC (Refer to Appendix C for more detail).

Beneficial Use Summary Status BUI Status Impairment

Results of Michigan Department of Health and Human Services and MDEQ fish consumption advisory assessment Restrictions on fish and Removal in and Lower Scott Flowage and Rio Vista Slough sediment assessments show that contaminants measured in fish wildlife consumption progress collected from AOC are primarily from sources outside of AOC. MDNR and WDNR intend to propose removal of this BUI in early 2018. All required actions completed, including four sediment remediation projects, two sediment assessment projects, Restrictions on dredging and dredge management plan. Recommendation to remove impaired status approved by USEPA GLNPO in May Removed activities 2017. See http://dnr.wi.gov/topic/GreatLakes/documents/MRDredgingRemoval.pdf for final removal package with GLNPO letter of concurrence. All required actions completed, including four sediment remediation projects and two sediment assessment projects. Recommendation to remove impaired status approved by USEPA GLNPO in May 2017. See Degradation of benthos Removed http://dnr.wi.gov/topic/GreatLakes/documents/MRBenthosRemoval.pdf for final removal package with GLNPO letter of concurrence. Final restoration goals, objectives, and activities are contained in the 2013 Fish and Wildlife Population and Habitat Degradation of fish and Management and Restoration Plan Update (WDNR and MDEQ, 2013a). Four of five goals have been achieved, wildlife populations and Impaired and initial review of vegetation data from habitat restoration projects indicates that the final goal has also been met. Loss of fish and wildlife MDNR and WDNR will complete data review in January 2018 and intend to propose removal of these BUIs in early habitat 2018 if monitoring data confirm vegetation objectives are being met.

Source control was achieved. Recommendation to remove impaired status approved by USEPA GLNPO in March Beach closings Removed 2011. See http://dnr.wi.gov/topic/greatlakes/documents/MenomineeRiverRecContact.pdf for final removal package with GLNPO letter of concurrence.

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Figure 2. Restoration sites in the Lower Menominee River AOC.

Sediment Cleanup Sites 1. Green Bay Paint Sludge Site (Lloyd Flanders) 2. Wisconsin Public Service Corporation Coal Tar Site 3. Ansul/Tyco Arsenic Site 4. Menekaunee Harbor Legacy Site

Wildlife Habitat Restoration Sites 5. Park Mill Dam Downstream Fish Passage 6. Little Blueberry Island 7. Blueberry Island 8. Menominee Dam Fish Passage 9. Boom Island 10. Strawberry Island 11. South Channel Habitat Restoration 12. Menekaunee Harbor Habitat Restoration

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RECENT PROGRESS Recent progress for specific AOC projects is described below. These projects all contribute toward the removal of BUIs in this AOC. See the AOC Tracking Matrix (Appendix C) for more details on BUIs addressed, status, management, funding sources, and costs for these projects and all of the other actions needed to remove the BUIs and delist the AOC. The status of the BUIs is briefly summarized in Table 1.

WISCONSIN PUBLIC SERVICE CORPORATION (WPSC) COAL TAR SITE The WPSC Marinette Manufactured Gas Plant Site is located along the southern bank of the Menominee River in the city of Marinette near Boom Landing (No. 2, Figure 2). While the plant was operating from 1910 to 1960, waste coal tar from the plant was discharged to the river via a former slough, contaminating the river sediments. Negotiations between the USEPA Superfund, WDNR, and WPSC resulted in a decision in 2012 to remove the coal tar contaminated sediments. Site remediation was completed in 2013. Ongoing work includes maintenance and monitoring of the reactive core mat and monitoring of the sand cover, and requires a five-year review in 2018. More information on the WPSC coal tar site remediation is found in previous RAPs and the USEPA web page https://cumulis.epa.gov/supercpad/cursites/csitinfo.cfm?id=0509952.

ANSUL/TYCO ARSENIC SITE The Ansul/Tyco Arsenic Site is located downstream of the WPSC site along the southern bank of the Menominee River in the city of Marinette, adjacent to the Tyco International facility (No. 3, Figure 2). Arsenic contamination resulted from arsenic salts produced as a byproduct of herbicide manufacturing by the Ansul Chemical Company between 1957 and 1977. The USEPA Resource Conservation and Recovery Act (RCRA)-led remediation project, which required removal of all sediment with arsenic levels at or below 50 parts per million (ppm), was completed in 2014. The final arsenic sediment RCRA remedial action objective of 20 ppm or less was achieved in 2015 by completion of a project under the Great Lakes Legacy Act (GLLA) by USEPA, WDNR, and Tyco. Ongoing work at the Tyco Arsenic Site includes monitoring of the steel barrier wall, upgrades to existing storm water controls, and sediment monitoring. The first five-year review report was submitted in 2013, and the next five-year report is due in 2018. See previous RAPs or the USEPA web page https://www.epa.gov/hwcorrectiveactionsites/hazardous-waste-cleanup-ansul-inc-stanton-st-facility- marinette-wisconsin for additional information.

MENEKAUNEE HARBOR LEGACY SITE Menekaunee Harbor is located south of the mouth of the Menominee River at the terminus of the south channel (No. 4, Figure 2). It is owned primarily by the city of Marinette. Sediment quality in the harbor was degraded by elevated levels of metals and polycyclic aromatic hydrocarbons (PAHs) from various historical activities both at the harbor and upstream. The City and the WDNR worked together to remove contaminated and non-contaminated sediment from the harbor in 2014 and 2015, as part of a larger habitat restoration project. See previous RAPs or the city of Marinette web page http://www.marinette.wi.us/index.php/visitors/menekaunee-harbor-project for additional information.

LOWER SCOTT FLOWAGE (LSF) SEDIMENT CHARACTERIZATION In 2013, the USEPA GLNPO performed a sediment assessment in the LSF (between the Menominee and Park Mill Dams) to determine whether the area was a source of contaminants in the AOC. Parameters analyzed included polychlorinated biphenyls (PCBs), PAHs, pesticides, metals, and sediment physical properties. The final results showed that no contaminants were found at levels requiring remedial action (CH2MHill, 2014).

RIO VISTA SLOUGH (RVS) SEDIMENT CHARACTERIZATION MDEQ Surface Water Assessment Section (SWAS) staff conducted a sediment characterization study of RVS (in Michigan just upstream of the US 41 highway bridge) in 2014. Samples were analyzed for PCBs, heavy metals, and PAHs. The final results showed that no contaminants were found at levels requiring remedial action (MDEQ, 2015).

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LOWER MENOMINEE RIVER FISH PASSAGE The Menominee Fish Passage Partnership, comprised of state and federal agencies, nonprofit conservation organizations, and a private energy company, has engineered and implemented safe and effective ways for lake sturgeon to move around the Park Mill (a.k.a. Upper Scott; No. 5, Figure 2) and Menominee (a.k.a. Lower Scott or Bridge Street; No. 8, Figure 2) Dams in the AOC. Safe upstream adult lake sturgeon passage and safe downstream passage of adult and juvenile lake sturgeon directly impact the Lake Michigan lake sturgeon population. Eagle Creek Renewable Energy (ECRE), formerly North American Hydro, is the owner/operator of the two hydroelectric dams.

Upstream sturgeon passage, accomplished by building a fish elevator into one of the existing empty turbine bays of the Menominee Dam to lift and sort adult lake sturgeon, has been operational since May of 2015. As the sturgeon are sorted, biologists check for fish health, take biological measurements, collect physical samples as needed, and remove any invasive species such as sea lamprey. Adult sturgeon approved for passage are loaded into a truck with trailer for transport to a release point above the Park Mill Dam. Most of the fish passed have been implanted with acoustic transmitters in order to monitor their movements with several stationary receivers distributed over 25 river miles, from the Grand Rapids dam to the Menominee River mouth. Biologists have been testing the fish lift and studying the sturgeon in order to maximize the effectiveness of the upstream passage. While lake sturgeon is the only fish species passed upstream, the fish lift collects a variety of other fish species. Biologists also collect data from the fish not passed upstream before returning them to the river below the Menominee Dam.

Downstream fish passage involves the use of surface bypasses and fish guidance systems at each dam, effectively allowing both juvenile and adult fishes to pass safely downstream of the dams. While the surface bypass is all that is needed for passage of adult fish, safe and effective downstream passage of juvenile fish requires modification to the powerhouse intake racks. Downstream fish passage at Park Mill Dam, which was accomplished by installing an angled fish guidance rack in front of the turbine intake to redirect fish moving downstream into a surface bypass leading to the tailrace below, became operational in 2015. Downstream fish passage at the Menominee Dam, which was accomplished by modifying the intake trash rack angle and spacing to redirect fish moving downstream into a surface bypass constructed at the location of an abandoned fish ladder, was completed in 2016. The downstream passage structures were designed for lake sturgeon, but project partners expect these structures to be utilized by other fish species as well. Biologists will evaluate downstream movement of all fish species with underwater cameras and computer software at both dams.

ISLAND ROOKERY HABITAT RESTORATION A U.S. Army Corps of Engineers (USACE) project to improve rookery habitat on Little Blueberry, Blueberry, Boom, and Strawberry Islands (Nos. 6, 7, 9, and 10, respectively, Figure 2) has made substantial progress since it began in September 2014. The focus of this project is on controlling invasive plants, restoring native plant communities, and supporting colonial nesting bird populations. Strawberry Island is currently home to a large breeding colony of egrets and herons, while Little Blueberry Island, Blueberry Island, and Boom Island have some potential for providing rookery habitat. Invasive plant species of concern include common buckthorn, glossy buckthorn, common reed (Phragmites australis), and bush honeysuckle. Riverbank grape is native to this region, but it is also a treatment target species of concern for this project. On Strawberry Island, nesting trees have lost crowns and branches due to heavy grapevines.

An Invasive Species Control and Management Plan has been guiding the invasive plant control work on the islands since early 2015 (Ecology and Environment, Inc., 2015). Mechanical and chemical treatments of invasive plants were completed in 2015, 2016, and 2017. To avoid disturbing the nesting herons and egrets, the work on Strawberry Island was only performed while the rookery was not active. In the fall of 2016, some initial small-scale restoration plantings were installed, including trees, shrubs, and a sedge meadow seed mix. These plantings were then monitored, and the results informed plans for larger-scale plantings installed in spring and fall of 2017 (Ecology and Environment, Inc., 2017a).

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Monitoring has been a very important component of this project; the data collected are used to measure project progress and direct future efforts. Bird surveys during spring migration, breeding season, and fall migration have been conducted to monitor bird species diversity, abundance, and habitat use. Rookery surveys, conducted with volunteers from the Chappee Rapids Audubon Society, have been used to monitor nesting activity on Strawberry Island. Vegetation surveys have been used to record the response of both invasive and native species to treatments and to inform future treatments. A Year Two Monitoring Report summarizes the work and monitoring results from 2016 (Ecology and Environment, Inc., 2017b).

Monitoring and maintenance activities are ongoing, and the project has recently been extended to include an additional year (2018) to help ensure success. Discussions about long-term management of the islands are currently underway. Project partners will work with local landowners to ensure that the habitat restoration is successful over the long term. The Blueberry Islands are owned by ECRE, Boom Island is owned by the city of Marinette, and Strawberry Island is owned by the Bureau of Land Management (BLM).

SOUTH CHANNEL The South Channel habitat restoration project (No. 11, Figure 2), being implemented by the city of Marinette and WDNR with funding from a USEPA GLRI grant, is substantially complete. Habitat restoration work began in August 2016 and was completed in spring 2017 with some final plantings. The project improved approximately 30 acres of wetland habitat by treating invasive plant species and planting native species. It enhanced northern pike habitat by providing a channel to improve access to the restored wetlands for spawning. It improved turtle nesting areas and added loafing platforms for turtles, ducks, and other animals. Woody structures were installed to improve fish habitat; nesting structures were installed for waterfowl, wading birds, raptors, songbirds, and bats; and rocky material was removed from under the Ogden Street Bridge to improve flows, fish passage, and overall stream connectivity between South Channel and Menekaunee Harbor.

The project is now in the monitoring and maintenance phase. The contractors will follow the approved Maintenance Plan to perform follow-up invasive plant monitoring and control through 2019 to ensure that native vegetation is established and project and AOC goals are met. In addition, Keith West, PhD UW- Marinette, has volunteered himself and his students to perform monitoring and maintenance at the site to ensure the habitat restoration is successful over the long term. See the city of Marinette web page http://www.marinette.wi.us/index.php/visitors/south-channel-habitat-restoration for additional information.

MENEKAUNEE HARBOR HABITAT RESTORATION The Menekaunee Harbor habitat restoration project (No. 12, Figure 2), also being implemented by the city of Marinette and the WDNR with funding from a USEPA GLRI grant, is substantially complete, except for follow-up monitoring and maintenance through November 2018. Habitat restoration work began in August 2015 and was completed in summer 2016. Since additional funds were available, the restoration area was expanded to the east and south. This work on the additional 6.77 acre area was completed in the latter half of 2016. Restoration activities include the following: control of invasive plant species; planting of native seeds (including wild rice), plants, trees, and shrubs; installation of nesting and roosting structures for birds and bats; and placement of wood structures (logs, brush piles, and “fish sticks”) for fish and wildlife habitat (NES, 2015).

The contractors will follow the approved Maintenance Plan for vegetation monitoring and maintenance through November 2018 to assure that the objectives of the project are being met. In addition, Keith West, PhD UW-Marinette, has volunteered himself and his students to perform monitoring and maintenance to ensure the habitat restoration is successful over the long term. See the city of Marinette web page http://www.marinette.wi.us/index.php/visitors/menekaunee-harbor-project for additional information.

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STAKEHOLDER ENGAGEMENT AND OUTREACH The CAC was formed in 1988 as a means of incorporating stakeholder feedback into the RAP documents and to serve as ambassadors on AOC issues to the Marinette and Menominee communities (WDNR and MDNR, 1990). CAC members help the agencies by identifying local issues, developing local targets and goals, serving as a resource for historical information, and assisting in project implementation when possible. The CAC developed governing bylaws in June 2011, and then revised those bylaws in October 2016, to ensure the committee’s long-term viability and balanced representation of the community. As of December 2017, there are 13 membership positions filled of a possible 26. Dozens more individuals have attended monthly meetings and currently receive meeting minutes and AOC updates through e-mail. The WDNR and MDNR strongly prefer that requests to remove the impaired designation of a BUI be agreed to by the CAC. The CAC has included a letter of support for this document as Appendix E.

The CAC holds around nine to ten regular meetings per year on the University of Wisconsin-Marinette campus, open to all interested parties. Meetings are advertised through the WDNR Public Meetings Calendar (http://dnr.wi.gov/Calendar/Meetings/) and the CAC e-mail distribution list. Participation in meetings is the primary way members of the CAC stay informed and provide input on AOC activities. In addition to attending CAC meetings, the CAC members have been active in the AOC in the following ways: participated in tours of remediation and restoration projects, reviewed documents and provided letters of support for AOC projects, provided local representation or feedback at various state and federal AOC meetings, and hosted and participated in AOC open house events.

The informed CAC plays a critical role in conducting community outreach. Table 2 lists community outreach activities ongoing or completed in 2017. Members of the CAC actively manage and present the AOC foldout educational display at community events, including local fishing derbies and tournaments. Print copies of the display travel between UW-Marinette, local public libraries, and governmental buildings. Using 2017 WDNR capacity grant funding, updated AOC overview signs were printed and posted at local boat launches and other public access points, and additional signs were produced to highlight various aspects of the South Channel habitat restoration.

Starting in 2015, Michigan Public Advisory Council (PAC) Support Grants have assisted the Menominee Conservation District (MCD) to provide fiduciary, secretariat, and outreach support to the CAC. The MCD is helping the CAC and states with producing meeting agendas and minutes, maintaining and updating an AOC Facebook page and an AOC website, developing and distributing outreach materials, and planning and carrying out community outreach events.

Several CAC members have provided interviews for short videos on the Menominee River AOC. Short videos on AOC-related topics are a way to efficiently reach a large, broad audience. Videos can easily be distributed online through agency websites, and shared through social media outlets. A new video in progress highlights the South Channel and Menekaunee Harbor restoration projects. New videos will be pursued to cover additional topics in the AOC as needed. Existing videos pertaining to the Lower Menominee River AOC are available below as examples:

• Lower Menominee River AOC Video • Menominee River Sturgeon Passage • The Sturgeon Passage: Up River Refuge • The Sturgeon Passage: Getting a Lift • Menekaunee: Bringing the Harbor to Life • U.S. Geological Survey Swallow Contaminant Study • Controlling Phragmites along the Lake Michigan Shoreline

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Table 2: Community outreach activities ongoing or completed in 2017.

MEDIA TARGET AUDIENCE MESSAGES LEAD COLLABORATORS FUNDED BY Traveling Educational General public, tourists, The Lower Menominee River CAC WDNR, UW-Extension, 2015 WDNR CAC capacity Display and Outreach people attending is an AOC. Details on major MDEQ grant: design printing of Materials Marinette/Menominee restoration and cleanup updated panels and community events projects. The CAC and how giveaways for outreach to get involved. events Lower Menominee River General public, internet Many partners have worked WDNR CAC, city of Marinette, 2017 WDNR capacity grant AOC Video users together to restore the Lower Robert E. Lee & Menominee River. Focus on Associates, Inc., Applied South Channel and Ecological Services, Inc. Menekaunee Harbor. AOC Overview and South General public, tourists, The Lower Menominee River WDNR CAC, city of Marinette, 2017 WDNR capacity grant: Channel Signs canoeists, kayakers, is an AOC. Details on major MDEQ design printing of updated boaters, anglers restoration and cleanup signs projects. This work benefits everyone. AOC Facebook Page and General public, CAC The Lower Menominee River CAC MCD, WDNR, MDEQ 2017 Michigan PAC support Website members, internet users is an AOC. Details and grant: website domain cost updates on restoration and MCD time to maintain projects. The CAC and how and update sites they can get involved. AOC Celebration Event General public Great progress has been CAC WDNR, city of Marinette, 2017 WDNR capacity grant: (August 2017) made in restoring the AOC. MDEQ giveaways; Details on major restoration 2017 Michigan PAC support and cleanup projects. The grant: rental of tent, tables, CAC and how they can be chairs, and bus; MCD time involved. for planning Waterfront Cleanup Event General public, The Lower Menominee River CAC WDNR, Nestegg Marine, 2015 WDNR CAC capacity (May 2017) waterfront cleanup is an AOC. They can help by MDEQ grant: volunteer supplies; volunteers pitching in to clean it up. The 2017 Michigan PAC support CAC and how they can be grant: MCD time for involved. planning and participation

Next action(s) CAC/PAC capacity grant funding will be sought in 2018 from the MDNR and WDNR to continue to build community understanding, interest, and involvement in the AOC through the delisting process and promote ongoing citizen-led stewardship to help this area achieve its full potential. Priorities for 2018 include conducting an AOC-focused volunteer waterfront cleanup, holding a public event to mark the removal of BUIs and potential delisting of the AOC, updating the CAC traveling educational display, creating materials for a self-guided tour of the AOC, creating and installing additional signs highlighting AOC restoration projects, and creating another short video showing recent AOC habitat restoration progress.

DRAFT 2017 RAP Update for the Lower Menominee River AOC December 29th, 2017

BENEFICIAL USE IMPAIRMENT UPDATES

RESTRICTIONS ON FISH CONSUMPTION

Target Status Sources of PCBs, mercury, and dioxins within the AOC have been controlled or Complete eliminated; and Waters within the Lower Menominee River AOC are no longer listed as impaired due to PCB or dioxin fish consumption advisories in the most recent Impaired Incomplete Waters (303(d)) list for either state; or Fish tissue contaminants causing advisories in the AOC are the same or lower Complete (see than those in the associated Great Lake or appropriate control site. below)

Status Four sediment remediation projects and two sediment assessment projects have been completed in the AOC—see “Management Actions” below. The remediation projects are meeting their respective goals, and the assessment projects found no significant sources of PCBs, mercury, or dioxins. In addition, pulp and paper mills along the Menominee River upstream and within the AOC that may have historically produced dioxin as a byproduct have made production changes to dramatically reduce or eliminate the production of dioxin. Any wastewater discharged to the river is monitored to assure that it is meeting permit requirements. Thus, the first part of the restoration target is now considered to be complete: there are no known significant sources of PCBs, mercury, or dioxins within the AOC.

The second part of the restoration target is not complete, since fish consumption advisories remain in the AOC. Current Michigan and Wisconsin fish consumption advice may be found online at www.michigan.gov/eatsafefish, and http://dnr.wi.gov/topic/fishing/consumption/index.html, respectively.

The purpose of the third part of the restoration target is to assess whether the sources of the impairment are outside of the AOC. Since there are still fish consumption advisories in the AOC, fish from the AOC were collected and tested to see how their contaminant levels compared to fish from local and regional reference sites. Fish tissue contaminant levels in the LSF and in the section of the river below the Menominee Dam were compared with those in a non-AOC reference site, Michigan’s Little Bay De Noc (LBDN), as well as sites upstream and downstream of the AOC.

A final report (MDEQ, 2017) detailed the study results, and a white paper (MDHHS, 2017) summarized and explained them in terms of the BUI status. The study results showed that levels of PCBs in fish in LSF were the same as or lower than those in LBDN. However, it also found that levels of mercury and dioxin in some fish in LSF were higher than those in LBDN, and that levels of PCBs in some fish in the lower river (below the Menominee Dam) were higher than those in LBDN. Although some of the fish contaminant levels in the AOC were found to be higher than those in LBDN, the conclusions are that this is likely due to sources and influences outside of the AOC (MDHHS, 2017).

Since the MDHHS/MDEQ fish consumption assessment, sediment assessments, and other factors indicate that fish consumption advisories in the AOC are likely caused by sources and influences outside of the AOC, the BUI can be removed.

In 2017, the WDNR and MDNR (formerly MDEQ) developed the draft BUI removal package, engaging stakeholders along the way. They intend to post the document online for public review and provide an opportunity for in-person document review, questions, and comments in early 2018. Both the CAC and the TAC support removal of the BUI. After considering any comments received during the public review period, the states will submit the BUI removal package to the USEPA GLNPO for concurrence.

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Management Actions All management actions established to meet the BUI delisting targets have been completed: • Remediation of Green Bay paint sludge/sediment completed and meeting targets • Remediation of WPSC coal tar sediment completed and post-remediation monitoring initiated • Remediation of Ansul/Tyco arsenic sediment completed and post-remediation monitoring initiated • Remediation of Menekaunee Harbor sediment completed and meeting targets • LSF sediment characterization showed that LSF sediment is not a significant source of PCBs, mercury, or dioxins to the AOC • RVS sediment characterization showed that RVS sediment is not a significant source of PCBs, mercury, or dioxins to the AOC

See the “RECENT PROGRESS” section for a detailed account of the status of these activities.

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RESTRICTIONS ON DREDGING ACTIVITIES

Target Status All remediation actions for known contaminated sediment sources are completed and monitored according to the approved remediation plans and the Complete remedial action goals have been achieved; and An AOC dredge management plan is developed by the communities and agencies that includes an evaluation of: o Restrictions that must remain in place to protect human health and the environment o Restrictions that must remain in place due to RCRA requirements that Complete are based upon state and federal law o Priority areas for navigational use o Priority areas for utility dredging, e.g., utility crossings o Identify costs and funding options for removing dredging restrictions in priority areas

Status This BUI was removed in May 2017. See http://dnr.wi.gov/topic/GreatLakes/documents/MRDredgingRemoval.pdf for the final BUI removal package.

Management Actions All management actions established to meet the BUI delisting targets have been completed: • Remediation of Green Bay paint sludge/sediment completed and meeting targets • Remediation of WPSC coal tar sediment completed and post-remediation monitoring initiated • Remediation of Ansul/Tyco arsenic sediment completed and post-remediation monitoring initiated • Remediation of Menekaunee Harbor sediment completed and meeting targets • LSF sediment characterization showed no remediation needed • RVS sediment characterization showed no remediation needed

See the “RECENT PROGRESS” section for a detailed account of the status of these activities.

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DEGRADATION OF BENTHOS

Target Status All remediation actions for known contaminated sediment sources are completed and monitored according to the approved plan and have met their Complete remedial action goal.

Status This BUI was removed in May 2017. See http://dnr.wi.gov/topic/GreatLakes/documents/MRBenthosRemoval.pdf for the final BUI removal package.

Management Actions All management actions established to meet the BUI delisting targets have been completed: • Remediation of Green Bay paint sludge/sediment completed and meeting targets • Remediation of WPSC coal tar sediment completed and post-remediation monitoring initiated • Remediation of Ansul/Tyco arsenic sediment completed and post-remediation monitoring initiated • Remediation of Menekaunee Harbor sediment completed and meeting targets • LSF sediment characterization showed no remediation needed • RVS sediment characterization showed no remediation needed

See the “RECENT PROGRESS” section for a detailed account of the status of these activities.

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DEGRADATION OF FISH AND WILDLIFE POPULATIONS AND LOSS OF FISH AND WILDLIFE HABITAT

Target Status A local fish and wildlife habitat management and restoration plan has Development complete, been developed and implemented for the Lower Menominee River AOC assessment in progress that: o Defines the causes of fish and wildlife population and habitat impairments within the AOC o Establishes site specific habitat and population objectives for fish and wildlife species within the AOC o Identifies fish and wildlife population restoration programs and activities within the AOC and establishes a mechanism to assure coordination among states and programs for assessment monitoring, implementation activities and associated monitoring; and o The programs and actions necessary to accomplish the Complete recommendations are identified in the fish and wildlife management and restoration plan are implemented; and o Monitoring conducted according to the Fish and Wildlife Plan Assessment in progress shows consistent improvement in the quality and quantity of habitat or populations identified in the plan Please note: o Removal of this BUI will be based on achievement of implementation of actions in the steps above, including monitoring conducted according to site plans and showing consistent improvement in quantity or quality of habitat or populations addressed in the criteria. o Habitat values and populations need not be fully restored prior to delisting, as some may take many years to recover after actions are complete. o Actions already implemented in AOCs may be reported and evaluated as long as the reports contain all the elements above.

Status The 2013 Fish and Wildlife Population and Habitat Management and Restoration Plan Update (Plan; WDNR and MDEQ, 2013a) is the principal document used by state and federal agencies to identify projects and activities needed to achieve the removal of these two BUIs. At this time, four of the five overarching restoration goals contained in the Plan have been achieved, and initial review of vegetation data from the habitat restoration projects indicates that the final goal has also been met. See Appendix D for the Goals and Objectives Table from the Plan. Also, all activities contributing towards the achievement of objectives have been substantially completed. The following are examples of activities that are either recently achieved or in progress: • Vegetation improvements on Strawberry, Boom, Blueberry, and Little Blueberry Islands were substantially completed in 2016, with follow-up monitoring, native vegetation planting, and invasive plant treatment in 2017. • South Channel habitat restoration was substantially completed in 2016, with follow-up monitoring and invasive plant treatment in 2017. • Menekaunee Harbor habitat restoration was completed in 2016, with invasive plant monitoring and treatment in 2017.

All that remains is follow-up monitoring and treatment of invasive vegetation at the South Channel, Menekaunee Harbor, and island rookery habitat restoration sites. The MDNR and WDNR are assessing the status of these sites, in order to determine whether the final restoration goal for a healthy and diverse vegetation community has been achieved. Initial review has indicated that the restoration projects are

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meeting their respective objectives, which are more restrictive than the AOC objective. Therefore, these BUIs could be removed in early 2018.

Management Actions All management actions required for BUI removal are substantially complete. This includes the following projects:

• Menekaunee Harbor Restoration • South Channel Habitat Restoration • Island Rookery Habitat Restoration • Upstream and downstream safe fish passage at the Park Mill and Menominee Dams

See the “RECENT PROGRESS” section and the AOC Tracking Matrix in Appendix C for more details on the above projects and other activities required for removal of these BUIs.

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RESTRICTIONS ON RECREATIONAL CONTACT (BEACH CLOSINGS)

Target Status No waterbodies within the AOC are included on the list of non-attaining waters due to contamination with pathogens from combined sewer overflows in the most recent Clean Water Act Water Quality and Pollution Control in either states: Section 303(d) and 305(b) Integrated Report (Integrated Report), which are submitted to the USEPA every two years; or In cases where the waterbodies within the AOC are on the list of non-attaining Completed waters due to the presence of Combined Sewer Overflows (CSOs) or are impacted by upstream CSOs, this BUI will be considered restored when CSOs have been eliminated or are being treated; or In cases where CSOs still exist and significant progress has been made towards Completed using their elimination or treatment, this BUI will be considered restored when: option 3 1. All known sources of bacterial contamination to the AOC originating in the AOC and tributary watersheds have been controlled or treated to reduce exposures; and 2. No unpermitted sanitary sewer overflows have occurred within the AOC during the previous five year period as a result of a less than 25-year precipitation event or snow/ice melt conditions; and 3. Marinette, WI and Menominee, MI have adopted and are implementing storm water reduction programs, including an illicit discharge elimination program.

Status This BUI was removed in 2011.

Management Actions This BUI has been removed; therefore, no further actions are needed.

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REFERENCES

CH2MHill, 2014. Final Site Characterization Report: Assessment of Contaminated Sediments in the Lower Scott Flowage in the Menominee River Area of Concern Site. Prepared for USEPA. U.S. Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, IL 60604.

Ecology and Environment, Inc., 2015. Invasive Species Control and Management Plan Aquatic Plant Control for Rookery Habitat Menominee River Area of Concern Menominee, Wisconsin, and Michigan. Prepared for United States Army Corps of Engineers. February 2015.

Ecology and Environment, Inc., 2017a. Final Restoration Planting Plan for the Menominee River Area of Concern (AOC) Aquatic Plant Control for Rookery Habitat Aquatic Plant Control Research Program (APCRP). Prepared for the United States Army Corps of Engineers Buffalo District. January 2017.

Ecology and Environment, Inc., 2017b. Year 2 Monitoring Report for the Menominee River Area of Concern (AOC) Aquatic Plant Control for Rookery Habitat Aquatic Plant Control Research Program (APCRP). Prepared for United States Army Corps of Engineers Buffalo District. March 2017.

GLWQA, 1987. Agreement on Great Lakes water quality, 1978, with annexes and terms of reference. Signed at Ottawa November 22, 1978. Entered into force November 22, 1978. 30 UST 1383; TIAS 9257; 1153 UNTS 187. Amendments: October 16, 1983 (35 UST 2370; TIAS 10798), November 18, 1987 (TIAS 11551; 2185 UNTS 504).

GLWQA, 2013. Agreement on Great Lakes water quality, 1978, with annexes and terms of reference. Signed at Ottawa November 22, 1978. Entered into force November 22, 1978. 30 UST 1383; TIAS 9257; 1153 UNTS 187. Amendments: October 16, 1983 (35 UST 2370; TIAS 10798), November 18, 1987 (TIAS 11551; 2185 UNTS 504), September 7, 2012 (TIAS 13-212), last amendment entered into force February 12, 2013. http://www.epa.gov/glnpo/glwqa/20120907- Canada-USA_GLWQA_FINAL.pdf.

MDEQ, 2015. Sediment Chemistry of Rio Vista Slough, Menominee River Area of Concern, Menominee County, Michigan, June 24, 2014. MI/DEQ/WRD-15/023. Keiper, W. MDEQ-Water Resources Division, 525 W. Allegan, P.O. Box 30242, Lansing, MI 48909-7742

MDEQ, 2017. Staff Report: Status of Fish Contaminant Levels in the Lower Menominee Area of Concern. MI/DEQ/WRD-16/005, Revised March 8, 2017. Bohr, J. Attachment in http://www.michigan.gov/documents/mdhhs/MENOMINEE_RIVER_AOC_FISH_BUI_WHITE_PA PER_-_FINAL_2016-08_002_547090_7.pdf

MDHHS, 2016. Eat Safe Fish Guide: Upper Peninsula 2016. http://www.michigan.gov/documents/mdch/MDCH_EAT_SAFE_FISH_GUIDE_- _UPPER_PENINSULA_WEB_455361_7.pdf

MDHHS, 2017. White paper: 2017 Review on the Status of Fish Contaminant Levels in the Lower Menominee River. August 2016, revised March 2017. http://www.michigan.gov/documents/mdhhs/MENOMINEE_RIVER_AOC_FISH_BUI_WHITE_PA PER_-_FINAL_2016-08_002_547090_7.pdf

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NES, 2015. Habitat Restoration Plan, Menekaunee Harbor Restoration Marinette County, Wisconsin. August 10, 2015. NES Ecological Services, 1250 Centennial Centre Boulevard, Hobart, WI 54155. Pp. 250-301 in https://drive.google.com/file/d/0B2gzvflVdaq1aGF3ZmFkTkNzUHc/view

WDNR, 2016. Choose Wisely-2016: A health guide for eating fish in Wisconsin. PUBL-FH-824 2016. http://dnr.wi.gov/topic/fishing/documents/consumption/ChooseWisely2016Web.pdf

WDNR and MDEQ, 2013a. 2013 Fish and Wildlife Population and Habitat Management and Restoration Plan Update for the Lower Menominee River Area of Concern. Wisconsin Department of Natural Resources, 101 South Webster Street, Madison, WI 53707. http://dnr.wi.gov/topic/greatlakes/documents/Menominee2013FishAndWildlifePlan.pdf

WDNR and MDNR, 1990. The Lower Menominee River Remedial Action Plan: Stage One Report. PUBL WR-246 90. http://dnr.wi.gov/topic/greatlakes/documents/MenomineeRiverRAPStage1Report1990.pdf.

Previous RAPs, Updates, and other important historical documents: (Not cited in the document)

WDNR, 1996. The Lower Menominee River Remedial Action Plan Update. PUBL WR-410 96. http://dnr.wi.gov/topic/greatlakes/documents/MenomineeRiverRAP1996.pdf.

WDNR and MDEQ, 2008. Lower Menominee River AOC Beneficial Use Impairment Restoration Targets. http://dnr.wi.gov/topic/greatlakes/documents/MenomineeRiverDelistingTargets2008.pdf.

WDNR and MDEQ, 2011. Stage 2 Remedial Action Plan for the Lower Menominee River Area of Concern. http://dnr.wi.gov/topic/greatlakes/documents/Stage2RAPLowerMenomineeRiver.pdf.

WDNR and MDEQ, 2013b. 2012 Stage 2 Remedial Action Plan Update for the Lower Menominee River Area of Concern. http://dnr.wi.gov/topic/greatlakes/documents/RAP-UpdateLMR2012final.pdf

WDNR and MDEQ, 2014. 2013 Remedial Action Plan Update for the Lower Menominee River Area of Concern. http://dnr.wi.gov/topic/greatlakes/documents/Menominee2013RAPUpdate.pdf

WDNR and MDEQ, 2015. 2014 Remedial Action Plan Update for the Lower Menominee River Area of Concern. http://dnr.wi.gov/topic/greatlakes/documents/Menominee2014RAPUpdate.pdf

WDNR and MDEQ, 2016. 2015 Remedial Action Plan Status Report for the Lower Menominee River Area of Concern. http://dnr.wi.gov/topic/greatlakes/documents/Menominee2015RAPUpdate.pdf

WDNR and MDEQ, 2017. 2016 Remedial Action Plan Update for the Lower Menominee River Area of Concern. http://dnr.wi.gov/topic/GreatLakes/documents/LMRRAP2016.pdf

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APPENDICES

Appendix A – Acronyms and Initialisms Appendix B – Definitions Appendix C – Lower Menominee River AOC Tracking Matrix Appendix D – Goals and Objectives Table (Table 1) from 2013 Fish and Wildlife Population and Habitat Management and Restoration Plan Update, showing progress Appendix E – Letter of Support for the 2017 RAP Update from the Citizens Advisory Committee

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Appendix A

List of Acronyms and Initialisms

AOC Area of Concern BLM Bureau of Land Management of the U.S. Department of the Interior BUI Beneficial Use Impairment CAC Citizens Advisory Committee CSO Combined Sewer Overflow ECRE Eagle Creek Renewable Energy GLLA Great Lakes Legacy Act GLNPO Great Lakes National Program Office GLRI Great Lakes Restoration Initiative GLWQA Great Lakes Water Quality Agreement LSF Lower Scott Flowage MCD Menominee Conservation District MDEQ Michigan Department of Environmental Quality MDHHS Michigan Department of Health and Human Services MDNR Michigan Department of Natural Resources PAC Public Advisory Council PAH Polycyclic Aromatic Hydrocarbon PCB Polychlorinated Biphenyls ppm parts per million RAP Remedial Action Plan RCM Reactive Core Mat REL Robert E. Lee & Associates, Inc. RCRA Resource Conservation and Recovery Act ROD Record of Decision RVS Rio Vista Slough TAC Technical Advisory Committee TEC Threshold Effect Concentration USACE U.S. Army Corps of Engineers USEPA U.S. Environmental Protection Agency USFWS U.S. Fish and Wildlife Service UW University of Wisconsin WDNR Wisconsin Department of Natural Resources WPSC Wisconsin Public Service Corporation

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Appendix B

Definitions

Activity – In the 2013 Fish and Wildlife Population and Habitat Management and Restoration Plan Update (Plan; WDNR and MDEQ, 2013a), a specific action or project that will contribute toward the achievement of one or more objectives upon completion. Details regarding who will do the work, how it will be done, costs, location, and timeframe should also be included. Activities are listed in Table 2 of the Plan.

Area of Concern (AOC) - Defined by Annex 2 of the 1987 Protocol to the U.S.-Canada Great Lakes Water Quality Agreement (GLWQA, 1987) as “geographic areas that fail to meet the general or specific objectives of the Agreement where such failure has caused or is likely to cause impairment of beneficial use or of the area’s ability to support aquatic life.” These areas are, or were, the “most contaminated” areas of the Great Lakes, and the purpose of the AOC program is to bring these areas to a point at which they are not environmentally degraded more than other comparable areas of the Great Lakes. When that point has been reached, the AOC can be removed from the list of AOCs in the Annex, or “delisted.” The GLWQA can be found at http://www.ijc.org/rel/agree/quality.html

Beneficial Use Impairment (BUI) - Defined by the QLWQA as a reduction in the chemical, physical, or biological integrity of the waters of the Great Lakes sufficient to cause impairment to a designated use (GLWQA, 2013). The Lower Menominee River AOC has five BUIs remaining including: restrictions on fish and wildlife consumption; restrictions on dredging activities; degradation of benthos; degradation of fish and wildlife populations; and loss of fish and wildlife habitat.

Beneficial use(s) are ways that a water body can improve the quality of life for people or for fish and wildlife. For example, providing habitat for fish and wildlife is a beneficial use of a water body. If a beneficial use is suppressed or unavailable due to environmental problems, like loss of habitat, then that beneficial use is considered impaired. The International Joint Commission provided a list of 14 possible beneficial use impairments in the 1987 amendments to the GLWQA.

Colonial Waterbirds - A term referring to a wide variety of birds that gather in large assemblies called colonies or rookeries during the nesting season and are dependent on the water for food (fish or aquatic invertebrates). Examples include terns, gulls, pelicans, herons, and egrets.

Fish Consumption Advisory - Some fish from certain waterbodies contain harmful chemicals. These chemicals build up in the fish over time, and can build up in people when they eat the fish. The WDNR and MDEQ routinely test fish and issue recommendations typically to “eat no more than” or “eat up to,” on how much fish a person could eat based on protecting human health from contaminants which may be found in fish. Current Wisconsin and Michigan fish consumption advisories are available online at http://dnr.wi.gov/topic/fishing/consumption/ and www.michigan.gov/eatsafefish.

Great Lakes Restoration Initiative (GLRI) - A federal program that provides unprecedented funding for protection and restoration efforts on the five Great Lakes. State and local governments and non–profit organizations are eligible to receive grants from the U.S. Environmental Protection Agency (USEPA) for projects addressing toxic substances, invasive species, non–point source pollution, habitat protection and restoration or accountability, monitoring, evaluation, communication, and partnership building.

Goal - In the 2013 Fish and Wildlife Population and Habitat Management and Restoration Plan Update (Plan; WDNR and MDEQ, 2013a), goals are broad ideas that may take a long time to achieve. They usually don’t change significantly over the life of a project. An example goal statement is, “Nesting populations of a diverse array of wetland-dependent and riparian-associated birds are consistently present within the AOC.” The delisting targets for the impairments may also be considered the goal statements (in some cases they may be objectives).

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Natural Areas - A "natural area" is an area that currently has value as fish and wildlife habitat or has the potential to be restored so that it has value as fish and wildlife habitat. Natural areas can be publicly or privately held, and can include wetlands or riparian lands within the AOC. Natural areas are not necessarily formally designated State Natural Areas.

Objective - In the 2013 Fish and Wildlife Population and Habitat Management and Restoration Plan Update (Plan; WDNR and MDEQ, 2013a), objectives are the detailed and quantitative components of a goal. They are important because they provide a means of measuring progress toward achieving a goal. Objectives should be SMART: Specific, Measurable, Achievable, Realistic, and Time-Constrained. An example objective is, “Invasive, non-native species comprise no more than 33% of the vegetation community in protected natural areas of the AOC.”

Polychlorinated Biphenyls (PCBs) - A group of more than 200 compounds, PCBs have been manufactured since 1929 for uses including electrical insulation, hydraulics, fluorescent lights, and carbonless paper, to name a few. In 1979, PCBs were banned because of their persistence in the environment and tendency to magnify up the food chain. They have been linked to reproductive problems in wildlife and are suspected of causing developmental problems in human infants.

Polycyclic Aromatic Hydrocarbons (PAHs) - Chemicals commonly associated with oils, greases, and other components derived from petroleum. Some PAH compounds have been identified as cancer or mutation causing.

Protected - A parcel may be considered “protected” by any agreement, ordinance, easement, or management which significantly limits the degradation of that parcel’s value as fish or wildlife habitat for an approved length of time.

Remedial Action Plan (RAP) - A RAP is developed for each AOC to identify the status of BUIs and their sources, document restoration targets, and list actions needed to reach those targets. RAPs are updated periodically to report progress toward achieving the restoration targets. This Plan, along with the most current RAP Update for the Lower Menominee River AOC, constitutes a complete strategy for removing all BUIs in the Lower Menominee River AOC.

Restoration Target - Specific goals and objectives established to track restoration progress of beneficial use impairments. Once targets have been met, the beneficial use is no longer considered impaired. Targets should be locally derived. Working with the Lower Menominee AOC CAC, delisting targets were developed in partnership with the WDNR and MDEQ. Wisconsin and Michigan use different criteria when assessing BUIs. The agencies and CAC agreed to implement the most restrictive criteria from either state when developing the Menominee AOC specific delisting targets.

Appendix C: Lower Menominee River AOC Tracking Matrix 2017

BUI Addressed

Project Project Project Project Lead Project Name Action Type Action Phases Start End Project Cost Funding Sources Type Status Organization Date Date Habitat Benthos Dredging Populations Consumption Fish & Wildlife& Fish Wildlife& Fish Wildlife& Fish Degradation of Restrictionson Fish and Aquatic Vegetation Survey X X Assessment Reporting Completed 2010 2010 $15,690 USEPA (GLRI) WDNR Wildlife Assessment of Benthos and Plankton in Fish and Wisconsin's Lake Michigan Areas of X Assessment Reporting In Progress 2013 2016 $414,300 USGS (GLRI) USGS Wildlife Concern--2014 Benthos & Plankton BUIs Evaluation in Fish and Wisconsin's Lake Michigan Areas of X Assessment Reporting Completed 2011 2015 $451,500 USGS (GLRI) USGS Wildlife Concern--2012 Fish and Fish Consumption Advisory Assessment X Assessment Reporting Completed 2011 2016 $500,000 USEPA (GLRI) MDEQ Wildlife Fish and Fisheries Data Roundup X X Assessment Reporting Completed 2012 2013 $3,321 USEPA (GLRI) WDNR Wildlife Fisheries Data Roundup - Reference Site Fish and X X Assessment Reporting Completed 2013 2016 $3,058 USEPA (GLRI) WDNR Monitoring Wildlife Increase the hydrologic connection Fish and USEPA City of between South Channel and Menekaunee X X Restoration Implementation Completed 2014 2016 Unknown Wildlife City of Marinette Marinette Harbor Confirmation Fish and Island Rookery Habitat Improvement X X Restoration Monitoring & In Progress 2014 2018 $870,909 USACE (GLRI) USACE Wildlife Reporting Confirmation USEPA (GLRI) Fish and Menekaunee Harbor Restoration X X X X Restoration Monitoring & In Progress 2014 2018 $7,353,058 WDNR WDNR Wildlife Reporting City of Marinette USFWS (GLRI) Menominee Dam, Downstream Fish Fish and X X Restoration Reporting Completed 2014 2016 $3,130,000 Eagle Creek USFWS Passage Wildlife Renewable Energy Confirmation Menominee Dam, Upstream Fish Fish and USEPA (GLRI) X X Restoration Monitoring & Completed 2013 2015 $3,405,706 USFWS Passage Wildlife Eagle Creek Reporting Fish and Great Lakes Monitor for Larval Lake Whitefish X X Assessment Reporting Completed 2014 2016 $43,646 WDNR Wildlife Protection Fund Fish and Monitor Rookery Activity X X Assessment Reporting Completed 2013 2014 In-kind WDNR WDNR Wildlife Fish and Mussel Survey X X Assessment Reporting Completed 2011 2012 $6,093 USEPA (GLRI) WDNR Wildlife NFWF (GLRI) Fish and Park Mill Dam, Downstream Fish Passage X X Assessment Reporting Completed 2013 2015 $2,258,230 Eagle Creek USFWS Wildlife Renewable Energy Appendix C: Lower Menominee River AOC Tracking Matrix 2017

BUI Addressed

The following projects appeared in previous versions of the RAP Update AOC tracking matrix but have been removed from this year’s matrix due to a determination by the agencies, with concurrence of the CAC and TAC, that they are either not required or are addressed by existing project-related activities: • Repeat Fish Surveys after Restoration Projects Completed (as needed) • Repeat Mussel Surveys after Restoration Projects Completed (as needed) • Repeat Vegetation Surveys after Restoration Projects Completed (as needed) • Menominee Dam, Upstream Fish Passage Truck and Transfer DRAFT 2017 RAP Update for the Lower Menominee River AOC December 29th, 2017

Appendix D: Goals and Objectives Table (Table 1) from the 2013 Fish and Wildlife Population and Habitat Management and Restoration Plan, with additional notes showing completed objectives and estimated completion dates. The achievement of goals is dependent on achieving corresponding objectives.

GOALS Long-term Nesting populations The lake sturgeon Diverse and functional native fish A healthy and diverse protection is in of a diverse array of population is enhanced. and mussel assemblages are native vegetation place for natural wetland-dependent present in the AOC that sustain community has been areas and wetlands and riparian- natural recruitment. restored. within the AOC, associated birds are including Seagull consistently present Bar and riverine within the AOC. islands. OBJECTIVES

There is evidence of recruitment

within segments 2-8 for the following Maintain or enhance Provide additional fish species: lake sturgeon, walleye, habitat conducive to spawning and juvenile Long-term yellow perch, muskellunge, colonial water bird rearing habitat for lake protections deemed smallmouth bass, largemouth bass, rookery activity on sturgeon by providing acceptable by the and northern pike. known or prospective passage upstream of In Progress (2018) WDNR, MDEQ, both Menominee and Invasive, non-native rookeries. There is evidence of recruitment in TAC, and CAC have Park Mill Dams (U.S. Fish species comprise no more segment 1 for the following fish been established for and Wildlife Service, than 33% of the species: walleye, rock bass, bluegill all natural areas 2012). vegetation community in where habitat smallmouth bass, largemouth bass, protected natural areas of improvement work and northern pike. the AOC. has taken place and

contributes to achieving one or There is evidence of recruitment more BUI removal within the AOC for native mussel objectives. Provide a means for fish species. Monitor the rookery to pass safely activity of known or downstream of both prospective rookeries. Menominee and Park Mill Monitor for larval lake whitefish to Dams (USFWS, 2012). determine necessity of future habitat improvements.

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Appendix E

Letter of Support for the 2017 RAP Update from the CAC (will update after public review period)