Boyne USA Responds to Little Traverse Bay Bands of Odawa Indians' Consultation Request for Boyne River Hydroelectric Project

Boyne USA, Inc. has submitted a response to the Little Traverse Bay Bands of Odawa Indians' (LTBB) consultation request for the re-licensing of the Boyne River Hydroelectric Project. The response addresses concerns raised by LTBB regarding environmental and dam safety issues, as well as public access and streambank stability. Boyne USA contends that the dam provides benefits to the local fish population, including protecting the upstream river from invasive species, and that public access to the dam has the most detrimental effects on streambank stability.

Key Takeaways:

• The Boyne Dam has a beneficial impact on the downstream water quality, acting as a sediment basin and preventing sediments from embedding the gravel/cobble substrate, which is important for fish spawning.
• Merjent fisheries biologists concluded that the dam appears to create a beneficial impact on the downstream water quality and protects the upstream river from impacts of invasive species such as the sea lamprey.
• The Boyne Dam has a positive ecological impact and benefits, as recognized by the Great Lakes Fishery Commission (GLFC).
• The historical permits for the Boyne Dam have not included a public access condition upstream of the dam, and FERC has not required Boyne to develop public access areas on private premises.
• Public access to the upstream and downstream areas of the Boyne Dam Project has the most detrimental effects on streambank stability, and FERC has previously analyzed the impact on the riverine ecosystem associated with expanding public access.
• Biotechnical and geotechnical stabilization of anthropogenically destabilized streambanks, limiting public access to one bank only, and limiting access to critical slope areas are suggested measures to maintain and improve bank stability.

Statistics:

• 4 species were accounted for in the area downstream of the dam, including chub, chinook salmon, and brown trout. (Exhibit B - Merjent Environmental Report at 6)
• 97% of the North embankment is privately owned, and public access is limited by fencing with "no trespass" signage. (Exhibit F - Exemplar Streambank Stability Assessment at 3)
• 3 public access points exist, including the areas upstream and downstream of the dam. (Exhibit F - Exemplar Streambank Stability Assessment at 4)
• In the areas downstream of the dam, Merjent surveyors observed litter, discarded and snagged fishing line, lures, and other fishing gear along the banks. (Exhibit B at 5)
• Streambank erosion is directly related to public access and uses. (Exhibit F at 7)

Sources:

• Exhibit A - LTBB Consultation Request
• Exhibit B - Merjent Environmental Report
• Exhibit C - GLFC Letter
• Exhibit D - Grobbel Env. Report
• Exhibit F - Exemplar Streambank Stability Assessment
• Exhibit K - FERC Environmental Assessment 2022