STATE OF MINNESOTA MINNESOTA POLLUTION CONTROL AGENCY FINDINGS OF FACT

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1 STATE OF MINNESOTA MINNESOTA POLLUTION CONTROL AGENCY IN THE MATTER OF THE DECISION ON THE NEED FOR AN ENVIRONMENTAL IMPACT STATEMENT FOR THE PROPOSED WAHKON WASTEWATER TREATMENT FACILITY EXPANSION MILLE LACS COUNTY WAHKON, MINNESOTA FINDINGS OF FACT CONCLUSIONS OF LAW AND ORDER FINDINGS OF FACT Pursuant to Minn. R (2001), the Minnesota Pollution Control Agency (MPCA) staff has prepared an Environmental Assessment Worksheet (EAW) for the proposed Wahkon Wastewater Treatment Facility (WWTF) expansion project. Based on the MPCA staff environmental review, comments, and information received during the comment period, and other information in the record of the MPCA, the MPCA hereby makes the following,, and Order: FACILITY HISTORY Overview The city of Wahkon s (City) existing wastewater treatment pond system comprises a three-cell facultative stabilization pond system consisting of the north primary pond, the south primary pond, and the secondary pond. The permitted input design flow is 70,000 gallons per day (gpd). The three existing ponds have a four-foot operating depth, with storage volumes of 3.6 million gallons, 4.4 million gallons, and 2.7 million gallons, respectively. The treated effluent flows from the secondary pond into a wetland and eventually into the Knife River. The WWTF currently discharges treated wastewater for several weeks in the spring and again in the fall. The existing WWTF was built in At that time, the natural flow of surface water from the discharge point was toward Lake Mille Lacs, which lies about two stream miles north of the WWTF. At the time the WWTF was built, a berm oriented on a north-south axis was built alongside the ponds. This berm had the effect of blocking the natural flow of water toward Lake Mille Lacs and redirecting flows toward the southeast and the Knife River Watershed. The result has been to keep pollutants from the discharge away from Lake Mille Lacs. It appears that this has also had the effect of raising the subsurface water table in the vicinity of the WWTF east of the berm. Permitting History The WWTF currently holds a National Pollutant Discharge Elimination System (NPDES) Permit. It was first permitted in Previous Environmental Review None. TDD (for hearing and speech impaired only): (651) Printed on recycled paper containing at least 30% fibers from paper recycled by consumers

2 Compliance/Enforcement History The WWTF is currently operating over capacity. This has resulted in discharges outside the discharge windows prescribed in the permit, and MPCA has imposed a moratorium on new service hookups in the City as a result. The proposed expansion would allow this moratorium to be lifted. PROPOSED PROJECT DESCRIPTION Proposed New Construction/Proposed Modification The City proposes to expand its wastewater collection and treatment pond system by adding a fourth treatment pond to its existing three pond WWTF. The expansion will increase the current 70,000 gpd inflow capacity to 120,850 gpd. This will in turn allow for future commercial and residential growth in the City and eliminate the need for the current moratorium on new service hookups. Current management of the WWTF will continue, including discharging of treated wastewater to the Knife River Watershed during two discharge windows in the spring and fall. A phosphorus limit of one milligram per liter (mg/l) will be imposed on the discharge to protect downstream surface-water resources, including Knife Lake. Environmental Concerns Typical environmental concerns from WWTFs include the potential for noise and dust during the construction phase, odors, erosion and sedimentation, and water quality impacts to surface water. Additional Concerns Described in Comment Letters Several commenters noted that the Knife River and Knife Lake are listed by the MPCA as impaired waters, for nutrients and biota, respectively. In addition, Knife Lake is on the MPCA s 2004 Total Maximum Daily Load list, which was approved by the U.S. Environmental Protection Agency in May Commenters also noted that a number of citizens groups and property owners associations have expended considerable money and effort toward improving and maintaining water quality in the Knife and Snake River Watersheds, and accordingly requested that a phosphorus limit be placed on the WWTF discharge in order to avoid further prejudice to these efforts. Concern was also raised about the elevated water table in the area, which was alleged to have rendered neighboring agricultural fields untillable and caused basement flooding in a nearby home. PROCEDURAL HISTORY 1. Pursuant to Minn. R , subp. 18B, an EAW was prepared by MPCA staff on the proposed project. Pursuant to Minn. R (2001), the EAW was distributed to the Environmental Quality Board (EQB) mailing list and other interested parties on March 12, The MPCA notified the public of the availability of the EAW for public comment. A news release was provided to Mille Lacs County, as well as, other interested parties on March 16, In addition, the EAW was published in the EQB Monitor on March 15, 2004, and available for review on the MPCA Web site at on March 16, The public comment period for the EAW began on March 15, 2004, and ended on April 14, During the 30-day comment period, the MPCA received five comment letters from government agencies and received two comment letters from citizens, one of which was six weeks late. 2

3 4. The MPCA prepared responses to all comments received during the 30-day public comment period. Comment letters received have been hereby incorporated by reference as Appendix A to these findings. The MPCA responses to comments received are hereby incorporated by reference as Appendix B to these findings. CRITERIA FOR DETERMINING THE POTENTIAL FOR SIGNIFICANT ENVIRONMENTAL EFFECTS 5. Under Minn. R (2001), the MPCA must order an Environmental Impact Statement (EIS) for projects that have the potential for significant environmental effects that are reasonably expected to occur. In deciding whether a project has the potential for significant environmental effects, the MPCA must compare the impacts that may be reasonably expected to occur from the project with the criteria set forth in Minn. R , subp. 7 (2001). These criteria are: A. the type, extent, and reversibility of environmental effects; B. cumulative potential effects of related or anticipated future projects; C. the extent to which the environmental effects are subject to mitigation by ongoing public regulatory authority; and D. the extent to which environmental effects can be anticipated and controlled as a result of other available environmental studies undertaken by public agencies or the project proposer, including other EISs. THE MPCA FINDINGS WITH RESPECT TO EACH OF THESE CRITERIA ARE SET FORTH BELOW Type, Extent, and Reversibility of Environmental Effects 6. The first criterion that the MPCA must consider, when determining if a project has the potential for significant environmental effects that are reasonably expected to occur, is the "type, extent, and reversibility of environmental effects" Minn. R , subp. 7.A (2001). The MPCA findings with respect to each of these factors are set forth below. 7. Reasonably expected environmental effects of this project to air quality: A. Odors B. Noise C. Dust 8. The extent of any potential air quality effects that are reasonably expected to occur: A. Odors Odors from the expanded WWTF are not expected to cause significant impacts. No odor complaints have been lodged against the facility. 3

4 B. Noise Noise will be generated by heavy equipment and truck traffic during the expansion of the WWTF. Construction activity will be limited as much as possible to standard working hours to reduce noise disturbance to neighbors. Operation of the completed expansion is not expected be the source of significant noise. C. Dust Dust may be generated during construction from truck traffic and from construction activities at the project site, depending upon weather conditions. The contractor will be required to minimize dust from the site and mitigation typically involves the use of water, as needed. As a result, dust should not pose a significant environmental effect within the community during construction of the proposed WWTF expansion. Disturbed areas will be re-vegetated as soon as possible after construction. The operation of the completed WWTF will not generate dust. 9. The reversibility of any potential air quality effects that are reasonably expected to occur: The MPCA finds that any potential effect that is reasonably likely to occur from this project would be reversible. Any air emissions or noise released to the atmosphere would not be recovered, but further emissions or noise could be stopped, if necessary. However, as discussed above, there is no record evidence indicating that this project is reasonably expected to cause a significant negative effect on air quality. 10. Comments received that expressed concerns regarding potential effects to air quality: None. 11. The MPCA finds that the environmental review is adequate to address the concerns because: All potential impacts to air quality that are reasonably expected to occur from the proposed project have been considered during the review process and methods to prevent these impacts have been developed. 12. The MPCA finds that the project, as it is proposed, does not have the potential for significant environmental effects based on the type, extent, and reversibility of environmental effects reasonably expected to occur as a result of its air emissions. 13. Reasonably expected environmental effects of this project to water quality: A. Surface-water runoff B. Water-quality impacts C. Erosion and sedimentation 4

5 14. The extent of any potential water quality effects that are reasonably expected to occur: A. Surface-water runoff The quality and quantity of runoff produced by this site will not be noticeably altered by the proposed project, which will only slightly increase the amount of impervious surface. The National Pollutant Discharge Elimination System (NPDES) General Stormwater Permit for Construction Activity from the MPCA has specific requirements for the treatment and overall management of stormwater prior to discharge from the site. The permit also requires that a Stormwater Pollution Prevention Plan (SWPPP) be developed to manage pollutants in stormwater runoff from the site that will occur during construction and after construction is complete. Temporary erosion control measures, such as silt fences and rock dam checks, will be utilized to prevent runoff and sedimentation. After construction is complete, turf will be established immediately. SWPPP and Best Management Practice measures (BMPs) implementation strategies must be prepared prior to submitting a permit application. Precipitation onto the ponds will be contained by the dike surrounding the WWTF. B. Water-quality impacts Effluent will be discharged through the existing outfall structure to the adjacent wetland, which drains to the Knife Lake Watershed. A phosphorus limit of one mg/l will be placed on the discharge. Effluent limits set in the NPDES/State Disposal System (SDS) Permit will be met at the point where treated effluent leaves the WWTF. No significant impacts to the receiving waters from the proposed project are anticipated. C. Erosion and sedimentation The project proposer will be required to obtain a NPDES General Stormwater Permit for Construction Activity from the MPCA to control erosion and runoff. This permit must be obtained prior to commencing any land disturbing activities (i.e., clearing, grading, filling and excavating) at the site. The permit specifically requires implementation of BMPs. Construction plans will include BMPs, such as scarifying only those portions of the site actively under construction, placing silt fencing down slope of any land that is graded, and seeding and re-vegetating disturbed areas as soon as possible after construction is complete. Potential impacts from stormwater runoff are not anticipated to be significant. 15. The reversibility of any potential water quality effects that are reasonably expected to occur: The MPCA finds that any potential effect on water quality that is reasonably likely to occur from this project would be reversible. As discussed above, the expected effects on water quality are minimal. There is no reason to believe that this project is reasonably expected to cause a significant negative effect on water quality. 16. Comments received that expressed concerns regarding potential effects to water quality: Some comment letters expressed concern that the lack of a limit on phosphorus in the WWTF discharge was prejudicial to water quality in the Knife and Snake River Watersheds. These commenters noted that considerable money and time had been expended in efforts to improve and maintain water quality in surface-water resources in those watersheds, and that in light of such efforts point sources such as the Wahkon WWTF should be controlled as well. The MPCA ultimately decided to impose a one mg/l phosphorus limit on the discharge, and this requirement 5

6 will be included in the NPDES Permit for the WWTF. As discussed above in Findings 14 and 15, the analysis indicates that the effects on water quality that are reasonably expected to occur are not significant. 17. The MPCA finds that the environmental review is adequate to address the concerns because: All potential impacts to water quality that are reasonably expected to occur from the proposed expansion of this WWTF have been considered during the review process and a method to prevent these impacts has been developed. 18. The MPCA finds that the project as it is proposed does not have the potential for significant environmental effects on water quality based on the type, extent, and reversibility of environmental effects reasonably expected to occur. 19. Reasonably expected environmental effects of this project to water quantity: Elevated tables and flooding. It appears that the berm that was built along the west side of the WWTF and which serves to keep discharge pollutants from reaching Lake Mille Lacs has also had the effect of raising water tables east and south of the WWTF. There have been reports of agricultural fields rendered unusable due to saturated soils as well as at least one chronically flooded basement, and flooding impacts on wildlife habitat. 20. The extent of any potential water quantity effects that are reasonably expected to occur: It may be that the berm, which serves a good purpose in keeping the WWTF discharge out of Lake Mille Lacs, has caused elevated water tables and flooding in the area. However, the WWTF expansion, which is the subject of this EAW, probably does not contribute significantly to this problem, since the discharge volume, released twice per year, is quite small in comparison with the receiving waters. 21. The reversibility of any potential water quantity effects that are reasonably expected to occur: The MPCA finds that any potential effect that is reasonably likely to occur from this project would be reversible. As discussed above, the expected effects from the discharge attributable to the expansion on water levels in the area are minimal. There is no reason to believe that this project is reasonably expected to cause a significant negative effect on water tables and flood potential in the area. 22. Comments received that expressed concerns regarding potential effects to water quantity: Some comment letters expressed concern that the WWTF design and operation have resulted in flooding east of the WWTF that has made fields unusable, degraded wildlife habitat, and flooded basements. As discussed above in Findings 14 and 15, the analysis indicates that the effects of the expansion project discharge on water quantity that are reasonably expected to occur are not significant. 6

7 23. The MPCA finds that the environmental review is adequate to address the concerns because: All potential impacts to water quantity that are reasonably expected to occur from the proposed expansion of this WWTF have been considered during the review process and found to be not significant. 24. The MPCA finds that the project as it is proposed does not have the potential for significant environmental effects on water quantity based on the type, extent, and reversibility of environmental effects reasonably expected to occur. Cumulative Potential Effects of Related or Anticipated Future Projects 25. The second criterion that the MPCA must consider, when determining if a project has the potential for significant environmental effects that are reasonably expected to occur, is the "cumulative potential effects of related or anticipated future projects," Minn. R , subp. 7.B (2001). The MPCA findings with respect to this criterion are set forth below. 26. The EAW, public comments, and MPCA follow-up evaluation did not disclose any related or anticipated future projects that may interact with this project in such a way as to identify any potential cumulative environmental impacts that are reasonably expected to occur. 27. Public comments concerning cumulative impacts: None. 28. In considering the cumulative potential effects of related or anticipated future projects, the MPCA finds that the reasonably expected effects from this project will not be significant. The Extent to Which the Environmental Effects Are Subject To Mitigation by Ongoing Public Regulatory Authority 29. The third criterion that the MPCA must consider, when determining if a project has the potential for significant environmental effects that are reasonably expected to occur, is "the extent to which the environmental effects are subject to mitigation by ongoing public regulatory authority," Minn. R , subp. 7.C (2001). The MPCA findings with respect to this criterion are set forth below. 30. The following permits or approvals will be required for the project: Unit of Government Type of Application Status MPCA Wastewater Facilities Plan Under review MPCA NPDES Permit Modification Submitted MPCA Plans and Specifications To be submitted Mille Lacs County (as Local Minnesota Wetland Conservation Act To be submitted Governmental Unit) Minnesota Department of Natural Resources (DNR) Natural Heritage Database Review Submitted 7

8 Unit of Government Type of Application Status DNR Water Appropriations Permit (if required) To be submitted MPCA Construction Storm Water Permit To be submitted Minnesota Historic Society Archeological, Historical Review Submitted City of Wahkon Building Permit, Zoning Approval To be submitted U.S. Army Corps of Engineers (USACOE) Section 404 of Clean Water Act To be submitted 31. A. MPCA Facility Plan Approval; Plans and Specifications Approval Construction plans and specifications for the project are submitted to the MPCA for technical review and approval. This review is performed to ensure that the WWTF design is consistent with good engineering practice and state and federal criteria. NPDES/SDS Surface-Water Discharge Permit An NPDES/SDS Permit will be prepared and issued by the MPCA following a 30-day public comment period. The NPDES/SDS Permit authorizes a maximum discharge flow and pollutant loading allowed from the WWTF to a surface water. Effluent limitations established within the permit ensure that water quality in the receiving water is protected. NPDES General Stormwater Permit for Construction Activity A NPDES General Stormwater Permit for Construction Activity is required when a project disturbs one or more acres. It provides for the use of BMPs, such as silt fences, rock dam checks, and prompt re-vegetation, to prevent eroded sediment from leaving the construction site. The project proposer must have an erosion and sediment control plan that will provide more detail as to the specific measures to be implemented and will also address: phased construction; vehicle tracking of sediment; inspection of erosion control measures implemented; and timeframes in which erosion control measures will be implemented. The permit also requires adequate stormwater treatment capacity be provided to assure that water quality will not be impacted by runoff once the project is constructed. B. DNR General Permit for Temporary Dewatering (if required) Approval of dewatering through a DNR Water Appropriation permit is required when the amount of appropriation exceeds 10,000 gpd or one million gallons per year. No dewatering is expected to be needed in this case. C. City of Wahkon Building Permit Building permits and inspections assure that the project will be constructed or installed in accordance with City ordinances and codes. 8

9 D. USACOE CWA Section 404 permit Section 404 permits are required for the deposition of dredged or fill material in waters of the United States. 32. The MPCA finds that ongoing public regulatory authority will address any significant potential environmental effects that were identified as reasonably expected to occur. The Extent to Which Environmental Effects can be Anticipated and Controlled as a Result of Other Available Environmental Studies Undertaken by Public Agencies or the Project Proposer, Including Other EISs. 33. The fourth criterion that the MPCA must consider is "the extent to which environmental effects can be anticipated and controlled as a result of other available environmental studies undertaken by public agencies or the project proposer, including other EISs." Minn. R , subp. 7.D (2001). The MPCA findings with respect to this criterion are set forth below. 34. The following documents were reviewed by MPCA staff as part of the potential environmental impact analysis for the proposed expansion of the WWTF. This list is not intended to be exhaustive. The MPCA also relies on information provided by the project proposer, commentors, staff experience, and other available information. Permitting file MPCA complaint files EAW data submittal 35. There are no elements of the project that pose the potential for significant environmental effects that cannot be addressed in the project design and permit development processes, or by regional and local plans. 36. Based on the environmental review, previous environmental studies, and MPCA staff expertise on similar projects, the MPCA finds that the environmental effects of the project that are reasonably expected to occur can be anticipated and controlled. CONCLUSIONS OF LAW 37. The MPCA has jurisdiction in determining the need for an EIS for this project. The EAW, the permit development process, the facility planning process, responses prepared by MPCA staff in response to comments on the Wahkon WWTF EAW, and the evidence in the record are adequate to support a reasoned decision regarding the potential significant environmental effects that are reasonably expected to occur from this project. 38. Areas where the potential for significant environmental effects may have existed have been identified and appropriate mitigation measures have been incorporated into the project design and permits. The project is expected to comply with all MPCA standards. 9

10 39. Based on the criteria established in Minn. R (2001), there are no potential significant environmental effects reasonably expected to occur from the project. 40. An EIS is not required. 41. Any findings that might properly be termed conclusions and any conclusions that might properly be termed findings are hereby adopted as such. ORDER The Minnesota Pollution Control Agency determines that there are no potential significant environmental effects reasonably expected to occur from the Wahkon Wastewater Treatment Facility Expansion project and that there is no need for an Environmental Impact Statement. IT IS SO ORDERED Sheryl A. Corrigan, Commissioner Minnesota Pollution Control Agency Date 10

11 APPENDIX B Minnesota Pollution Control Agency Wahkon Wastewater Treatment Facility Expansion Environmental Assessment Worksheet (EAW) RESPONSES TO COMMENTS ON THE EAW 1. Comments by Wade Weber, Knife Lake Improvement District. Letter received April 12, Comment 1-1: Considerable government and private money as well as work efforts by District members have been expended for the improvement of water quality in Knife Lake. In light of this, there should be a limit on phosphorus in the Wahkon WWTF discharge, and the lack of a limit leads commenter to request an EIS. Response: The Minnesota Pollution Control Agency (MPCA) recognizes the valuable water quality contributions made by the Knife Lake Improvement District over the years. As indicated in the EAW, the MPCA s phosphorus control strategy continues to evolve. At the time the EAW was public noticed, this strategy did not lead to imposition of a phosphorus limit in the circumstances presented by the current proposal. However, continued discussions of the proper interpretation of applicable federal law and the state s role in managing phosphorus have now led to a determination that a phosphorus limit should be placed on the Wahkon Wastewater Treatment Facility (WWTF) discharge. In light of this development, commenter has withdrawn his request for an Environmental Impact Statement (EIS). (See Comment Letter 1a.) Comment 1-2: The EAW indicates that the phosphorus released from the WWTF is relatively low and would have relatively minor effects on Knife Lake, and these considerations contributed to the decision at the time of public noticing to not place a limit on the discharge. Commenter requests more information on how these conclusions were arrived at. Response: As can be seen on the attached fact sheet entitled Impacts of Wahkon WWTP on Knife Lake, the current annual phosphorus (P) load to Knife Lake from the WWTF is 331 pounds (lbs.). This is projected to increase to 736 lbs. at full expansion design capacity, assuming two milligrams per liter (mg/l) P in the discharge. This was compared to the estimated annual dry and wet year external P loading to the lake of 8,600 lbs. and 35,700 lbs., respectively, in order to conclude that the Wahkon WWTF would add little in terms of gross impact, even after the expansion. Comment 1-3: Commenter requests an EIS on the project, and a limit of no more than 1 mg/l P on the discharge. Response: As noted above, MPCA has decided to impose a phosphorus limit on the discharge. In light of this, commenter has agreed to withdraw his request for an EIS.

12 Responses to Comments on the Environmental Assessment Worksheet 2. Comments by Jason Neuman, Snake River Watershed Management Board (SRWMB). Letter received April 15, Comment 2-1: Considerable government and private money, as well as work efforts by the SRWMB, have been expended for the improvement of water quality in the Knife Lake Watershed. In addition, there are federal and state initiatives in existence whose aim is to reduce P loading in surface waters generally and this watershed in particular. In light of all this, there should be a limit on P in the Wahkon WWTF discharge. Response: See response 1-1. Comment 2-2: The lack of a phosphorus limit leads commenter to request an EIS. Response: See response 1-3 and Comment Letter 2a. 3. Comments by Ray Anderson, Mille Lacs County Local Water Management Plan Advisory Committee. Letter Received April 15, Comment 3-1: Commenter coordinates efforts to improve water quality in Mille Lacs County watersheds, and it is only fair that this project contribute to such efforts. There should be a specified limit on phosphorus in the discharge from this project. Response: See response 1-1. Comment 3-2: Commenter requests an EIS on the project. Response: See response 1-3 and Comment Letter 3a. 4. Comments by Kurt Beckstrom, Mille Lacs Soil and Water Conservation District. Letter received April 15, Comment 4-1: This project should have a phosphorus limit on its discharge. Response: See response 1-3. Comment 4-2: Commenter requests an EIS on the project. Response: See response 1-3 and Comment Letter 4a. 5 Comments by Robert G. Johnson. Letter received April 14, Comment 5-1: MPCA should place a phosphorus limit on the discharge. This facility may be one of the main phosphorus contributors to Knife Lake. Response: See responses 1-1 and

13 Responses to Comments on the Environmental Assessment Worksheet Comment 5-2: As noted in the EAW, a berm was built along the west boundary of the current facility in order to keep the facility discharge from reaching Lake Mille Lacs, but this had the effect of diverting flows toward Knife Lake. It is no more important to protect Mille Lacs than it is to protect Knife Lake. Response: Given the location of the WWTF of more than 20-stream miles from Knife Lake, and given additionally the imposition of a P limit on the WWTF discharge, it is highly unlikely that the discharge will have measurable impacts on the lake. See also response Comments by Thomas W. Balcom, Minnesota Department of Natural Resources. Letter dated April 14, Comment 6-1: Commenter notes the EAW statement that there is currently a moratorium on new sewer hookups in the city due to the current overtaxed condition of the WWTF, but questions how the EAW could state that future hookups would contribute to future WWTF violations if there is a moratorium on hookups. Response: The EAW did not state that new hookups would contribute to future violations, but that future residential and commercial growth could do so. This could happen without new hookups if existing buildings in the city were to be expanded. In any case, the EAW merely described a hypothetical situation that, among other factors, leads to the conclusion that an expansion of the WWTF to account for future growth is prudent. Comment 6-2: Commenter notes that a berm was built alongside the existing facility to redirect flows away from Mille Lacs Lake toward the Knife Lake watershed to keep the discharge out of Mille Lacs. According to a study performed by a consultant to the city in 1996, this berm had the effect of raising the water table in the vicinity of the facility. Commenter notes that he has received complaints from neighbors that this has flooded agricultural fields and homes in the area, and further notes that wildlife habitat and other resources in the Mille Lacs Wildlife Management Area have been significantly impacted by flooding over the years. Response: The existing WWTF was built in The berm was implicated in the flooding issue as early as the late 1970s, according to MPCA records. A number of attempts to address and resolve the flooding have occurred over the years since. It is thus a long-standing issue that is difficult to resolve because, if indeed the berm is the main reason for it, the berm nonetheless performs the necessary function of keeping pollutants from the discharge out of Lake Mille Lacs. There may be a number of ways to resolve the problem of high water tables in the area that would reduce flooding and still serve that function. However, the MPCA does not regard the flooding as an issue for the EAW process to resolve, since the berm was constructed as part of the existing WWTF, which is itself not the project addressed by the EAW. Comment 6-3: The facility discharge should be limited to 1 mg/l P. Response: See response Comments by Don Trout, Pokegama Lake Association. Letter received May 24, This comment letter arrived six weeks after the close of the public notice period, and therefore will not receive an individual response. See response