THE OFFICE OF ADMINISTRATIVE HEARINGS THE OFFICE OF ADMINISTRATIVE HEARINGS “OAH”
1 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE …
Transcript of 1 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE …
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KIRBY A. KENNEDY & ASSOCIATES( 952 ) 922 - 1955
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STATE OF MINNESOTA
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE
MINNESOTA POLLUTION CONTROL AGENCY
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OAH DOCKET NO. 60-2200-30791Revisor's ID Number 4104
In Re:
Minnesota Pollution Control Agency Proposed Amendments to the Minnesota State Water Quality Rules,Chapters 7050 and 7053, River Eutrophication Standards, Total Suspended Solids Standards and Minor Revisions to Supporting Language.
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HEARING HELD BEFORE
JUDGE JAMES E. LaFAVE
JANUARY 8, 2014
6:00 P. M.
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HEARING HELD before Administrative Law
Judge James E. LaFave at 520 Lafayette Road North,
St. Paul, Minnesota, reported by Barbara J. Carey,
Registered Professional Reporter and Notary Public,
at approximately 6:00 p.m. on January 8, 2014.
wq-rule4-06r
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APPEARANCES :
COUNSEL FOR THE MPCA:
MS. JEAN COLEMAN, STAFF ATTORNEY
MINNESOTA POLLUTION CONTROL AGENCY
520 Lafayette Road North
St. Paul, Minnesota 55155
MPCA PANEL MEMBERS
CAROL NANKIVEL, Rules Coordinator.
STEVEN HEISKARY, Research Scientist III.
PHILIP MONSON, Research Scientist II.
WILL BOUCHARD, Research Scientist.
DAVID CHRISTOPHERSON, MPCA. * * *
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I N D E X
MINNESOTA POLLUTION CONTROL AGENCY PRESENTATIONS:
SPEAKER: PAGE:
Jean Coleman................................ 10
Steven Heiskary............................. 12
Philip Monson............................... 33
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THE COURT: Good evening. My name
is Jim LaFave. I'm an Administrative Law Judge with
the State Office of Administrative Hearings. This
office is independent of the Minnesota Pollution
Control Agency that is proposing to adopt rules
today and any of the groups that are participating
in this hearing. Our role -- the role of our office
is to provide hearings that are required by law in a
way that is fair to all the participants. Among the
other directions from the Legislature, specifically
Minnesota Statute 14.14 and 14.15, rulemaking
hearings are to be conducted so that members of the
public be treated fairly and impartially. I am here
as a part of a larger set of regulatory controls to
ensure this procedural fairness.
It is approximately 6:00 p.m. on
January 8th, 2014, and we are convened in Training
Room Number 2 of the Minnesota Pollution Control
Agency's St. Paul office, as well as by
videoconference to locations in Duluth, Brainerd,
Marshall, Rochester and Detroit Lakes for a public
hearing in the matter of the proposed rules of the
Pollution Control Agency for rule amendments
governing water quality standards, river
eutrophication, total suspended solids, and minor
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corrections and clarification to Minnesota Rule
Chapters 7050 and 7053. This is OAH Docket Number
60-2200-30791, and for those who are interested,
it's Revisor's ID Number -- make sure I get it right
this time -- 4104.
There's a handout on the table entitled,
"State of Minnesota, Office of Administrative
Hearing Rule and Procedures." If you don't have a
copy, please take a moment and pick one up from the
table. It describes the procedures set by the
legislature for hearings like this. While I will
touch upon the highlights, more detailed information
is included in the handout.
This hearing is part of a process by
which agency rules are adopted under the Minnesota
Administrative Procedure Act. The purpose of this
hearing is to develop and receive information on
three key issues under the Act; namely, whether the
Minnesota Pollution Control Agency has the legal
authority to adopt the proposed rules, whether they
have fulfilled all of the legal -- the relevant
legal and procedural requirements in order to
promulgate rules, and finally, whether the MPCA has
demonstrated that among the possible alternatives
for rulemaking that were available to the Agency,
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the rules the Agency proposed are needed and
reasonable.
We are glad to give anyone who will share
comments today a little leeway in developing the
context of their presentations and arguments. I
will simply say that it would be most helpful to me
and the best use of our time if both the Agency
panel members and the members of the public could
focus on the three issues I need to report on.
The agenda for today's hearing will be
that I will complete my explanation of the hearing
procedure. Then, the panel from the Agency will be
introduced. At a previous hearing earlier today,
the Agency entered -- submitted exhibits into the
hearing record. They will -- they will briefly
describe those exhibits for you. There will be a
brief presentation by the Agency, then we'll take a
brief break so folks will have an opportunity to
review the exhibits and digest some of the
information they heard, and finally, most of the
hearing time has been allotted for questions and
statements from members of the public.
In order to make sure that we have an
accurate record of the number of people attending
this hearing, everyone is requested to sign the
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hearing register located on the registration table.
If you wish to speak or submit a written comment
today, you must sign the register. If you wish to
speak, please place a checkmark in the appropriate
column on the hearing register. When you are called
on to speak, please come up to the table and please
make sure that when you begin speaking, please state
and spell your name and give your address and
identify the group or interest you represent, if
any.
A rule hearing like this one is similar
to a legislative hearing or a meeting of a local
board. You will have the opportunity to talk and
ask questions of other participants. This is not
like a court trial. Any speaker may ask questions
of the Agency Panel, and you may also be questioned
by the Agency Panel, the Administrative Law Judge,
or other persons present at the hearing.
Because this is not like a court hearing,
you do not need to make your points you wish by
asking questions. You can state what your own views
are and go directly to the point. It is also
helpful that if you have specific points as to
particular sections of the rule, that you identify
those sections. The record we make here today may
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be reviewed by others later, and we want to make
sure that it is clear about what matter your
addressing.
This hearing is being transcribed by a
court reporter. It is very important that we attain
an accurate record of this hearing. I, therefore,
would ask all speakers to remember the following:
That it is important that you speak
clearly and slowly and loud enough that we can hear
you; that all statements must be clearly spoken.
For example, we cannot record a nod of the head.
Please spell out all proper names and technical
terms the first time they are used, and I would ask
that only one person speak at a time.
I may interrupt a speaker from time to
time to ask for a spelling or remind you of these
other points. I hope you will not take offense. I
want to just ensure that we have an accurate record
of what you are saying.
If you have a copy -- a written copy of
your remarks that you can leave here as an exhibit,
please do so; that would be very helpful. You can
also submit your comments in writing after the
hearing. Comments should be submitted to my office
at the address indicated on the back of the handout.
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It is helpful if folks submitting comments to our
office reference the Docket Number in this case, and
again, that number is 60-2200-30791.
After the close of the hearing today, you
will have 20 calendar days, until 4:30 p.m. on
Tuesday, January 28th, 2014, to submit any written
comments. There will then be a five-working-day
rebuttal period will close at 4:30 p.m. on
February 4th, 2014.
The second period is not an opportunity
to submit your initial comments or evidence. As
Minnesota Statute 14.15 states, "Additional evidence
may not be submitted during this five-day rebuttal
period." Instead, it is an opportunity for you to
review and respond to comments already submitted by
the Agency or by others during the first comment
period.
After the second deadline passes, I will
prepare a report that will contain my decision about
whether the Agency has met the burdens I discussed
earlier; namely, whether the Agency has documented
its statutory authority; whether the Agency has
demonstrated that it has fulfil led all the necessary
legal and procedural requirements; and finally,
whether the Agency has demonstrated the need for and
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reasonableness of each portion of the proposed
rules.
If you want a copy of my report, please
put your name and address on one of the envelopes at
the sign-in table, and we will see that you get
notice when the report is available and you will be
informed on how to obtain a copy.
The handout goes into other details about
the process.
(Discussion off the record.)
THE COURT: The handout goes into
other details about the hearing process that occurs
after my report is issued. I'm not going to discuss
that part of the process. You can read about it at
your leisure.
Are there any questions about the hearing
procedures? If not, then we will begin with the
Agency's presentation.
Ms. Coleman?
JEAN COLEMAN: Thank you, Your
Honor. If we could perhaps have the microphone
moved over to the center.
THE COURT: Over to your side, even.
Thanks.
JEAN COLEMAN: As I introduced this
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morning, my name is Jean Coleman, and I'm a staff
attorney with the Minnesota Pollution Control
Agency, and I'm appearing in this rule hearing for
and on behalf of the Minnesota Pollution Control
Agency.
The hearing exhibits were entered into
the hearing record this morning, and so this evening
I will go over them briefly in a summary way. They
are available in the back of the room in a binder in
hard copy, and they are also available on the
Agency's website.
The exhibits, as stated, serve three
purposes: Hearing Exhibit 2 and Hearing Exhibit 3
are the rules and The Statement of Need and
Reasonableness, and they document the legal
authority of the Minnesota Pollution Control Agency
to adopt the proposed rules and demonstrate that
each portion of the Proposed Rule is needed and is
reasonable.
Many of the exhibits demonstrate that the
Agency has fulfilled all relevant legal and
procedural requirements, and then there are
additional hearing exhibits at the end of or at the
back of the binder that include minor corrections, a
new proposed definition for eutrophication
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standards, and two additional documents to support
the need for and reasonableness of the River
Nutrient Region Map.
I will introduce two MPCA staff who are
going to make a brief presentation this evening.
There are additional PCA staff who are here today to
be available to answer specific questions. I will
ask that they introduce themselves at the time that
they approach the front to answer any questions.
First, Steve Heiskary, to my immediate
right, will present on the proposed water quality
standards for river eutrophication, and
Philip Monson will present on the proposed water
quality standards for total suspended solids.
And at this point, I would like to move
into the presentation unless there are any
questions.
THE COURT: No questions. Please
proceed.
STEVEN HEISKARY: Might we dispatch
the little picture there?
Your Honor, we're pleased to be here
today to share with you a brief overview of our
proposed water quality -- water quality standards.
THE COURT: Before we begin, do we
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know are the -- just in case some folks have gone to
the remote sites, are the remote sites getting
the --
JEAN COLEMAN: Marshall is not, and
there are no people at Marshall yet.
THE COURT: Okay. Make sure you
have them buzz us if -- this is the really good part
so we don't want them to miss it.
Sorry, I don't want to build up --
anyway, continue. Please continue.
STEVEN HEISKARY: All right. So
what we intend to do here over the next few moments
is provide a brief introduction to the proposed
water quality standards.
TECHNICIAN: Steve, I interrupt for
just a moment? The regions can't see us right now,
so I'm going to have to restart this real quick.
THE COURT: Okay. We'll just take a
brief recess to restart the video connection.
(Whereupon, a recess was taken.)
THE COURT: We're back on the
record. Please proceed.
STEVEN HEISKARY: All right. As I
was saying, what we're going to do here over the
next few moments is provide a brief introduction to
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the proposed water quality standards; that is,
first, the river eutrophication standards and
site-specific standards for Lake Pepin and the
Mississippi River and navigational pools. We'll
follow up with the total suspended solids standards.
As we do this, we're going to make
specific reference to SONAR Book 2 on eutrophication
and Book 3 on full suspended solids for additional
information. So if anybody wants to drill down a
little bit into what we're saying or where there's
further information provided.
Okay. The need for standards. This
responds to the long-standing USEPA requirement that
states adopt nutrient standards.
Secondly, this addresses the impact of
excess phosphorus on rivers and streams and then
site-specific standards for Lake Pepin and the
Mississippi River Navigational Pools.
And thirdly, this complements or 2008
lake eutrophication standards.
Regions, please mute your -- mute your
line. You don't want us to hear what you're saying.
THE COURT: Thank you. Would the
folks at the remote location please --
STEVEN HEISKARY: Mute your lines.
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SPEAKER: We believe it's a training
room that there's somebody outside of -- not the
training room, the other room in St. Paul that's not
muted.
THE COURT: Thank you, very much.
SPEAKER: Yep.
STEVEN HEISKARY: Okay. One of the
terms that we're going to use a lot throughout the
presentation is "eutrophication," and this implies
the nutrient over-enrichment of waters and the
excessive growth of algae and plants that results
from that nutrient over-enrichment.
We've been often asked why not recommend
just a nutrient or phosphorus standard, and clearly,
we're responding to our stakeholders that have
indicated the need to determine or demonstrate the
impact of excess phosphorus on streams, and this is
very similar to what we did in the lake
eutrophication standards.
In some cases, the response to nutrient
over-enrichment is quite obvious. We see the
Blue Earth River, Watonwan, Minnesota and Pipestone
Creek here. These are very nutrient-rich systems,
and we can see the mats of algae at the surface of
them, so it's very obvious in these cases. However,
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in many cases, the impact of phosphorus on rivers is
much more subtle, and it can be difficult to make
that direct linkage between phosphorus and
biological condition. When I talk about biological
condition, I'm talking about the invertebrates that
live in the bottom of the stream. I'm talking about
the fish that live there. So -- and this -- making
this linkage is critical to us, and to do that, we
need to make these various linkages, and we have an
abbreviated conceptional model here to help
demonstrate that.
That is, as phosphorus in these systems
increase, we get increases in the suspended algae.
We'll also get increases in bacterial growth and
metabolism. Both of these can contribute to
increases in the biochemical oxygen demand,
abbreviated BOD, and can also influence the
fluctuation of dissolved oxygen over the course of
the day. A term we introduce is "daily DO flux,"
the maximum oxygen concentration during the day
minus the minimum. So that is our flux term that
we'll talk more about in a moment. And then
ultimately, impacts on biological condition, and
we'll demonstrate further how these linkages are
made through our data collections, and subsequently,
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through our statistical analysis.
We've been at this for a long time. Our
studies took place over the course of about 10
years. The early focus of our work was on medium to
large rivers, rivers you'd be quite familiar with;
things like the Crow River, the Mississippi River,
the Rum River. We tried to get rivers throughout
the various ecoregions across Minnesota. In total,
we have about 40 river sites where we have very
detailed information on the nutrients, the suspended
algae, biology; that is, the actual collection of
fish and invertebrates, and these continuous
dissolved oxygen measurements, which we'll talk a
little more about in a moment.
Then to augment this, we went to all the
data that's collected through our Biological
Monitoring Program, and we were able to add hundreds
of sites. So data from hundreds of sites were
brought into this process, also allowed us to get a
broader representation of stream sizes. So we've
got many of the smaller streams which were not
included in our earlier work.
This -- we take all this data together,
and it starts to demonstrate a variety of things.
One of the earlier things was this strong
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relationship between phosphorus and the suspended
algae or phosphorus and chlorophyll, is the term we
use. The graph we have here is log phosphorus on
the X axis and log for fillet on the Y axis. We see
dots in blue there. These represent the larger
non-wadeable streams, and the red triangles are the
shallower wadeable streams.
The regression we have here -- and it's
highly significant regression, 0.81, our score --
was drawn based on the non-wadeable sites, but we
see a couple of things relative to the wadeable
sites. In general, they produce less algae per unit
phosphorus. However, we do see that some of them
respond -- and I'm pointing right near the
regression line here, fairly close to the
non-wadeable systems, as well. So they do have the
capacity. Some of these streams do have the
capacity to produce excess algae when there is
excess nutrients in the system.
We offer up two examples here: The Crow
River, a very nutrient-rich river, 300 micrograms
per liter. Again, when we use this term,
"micrograms per liter," that's equivalent to parts
per billion. High TP; we get high amounts of algae
in that system. The Little Fork in Northern
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Minnesota, very low phosphorus; phosphorus averaging
about 20 micrograms per liter and very low amounts
of algae in that system.
We made mention of this cycling of
dissolved oxygen, and to help us understand that, we
instrumented, I think it was about 35 of those sites
with the kind of equipment that's here. We put
those -- we suspend those in the bottom of the
stream, and then they automatically take
measurements.
What we've got here are two examples
again. In the upper left, the Crow River, lower
right the Little Fork. Again, the Crow, high
phosphorus system. Across the X axis we see dates
from late July to early August in summer of 2006,
and what we see is very large fluctuations of oxygen
over the course of these days, and on average,
that's about 7 milligrams per liter. And we also
see in that system that we have some excursions
below the existing 5 milligrams per liter dissolved
oxygen water quality standard, so not only a very
large flux, but also we're actually violating the
existing water quality standard in that system.
In contrast, a system with low
phosphorus, low amounts of algae, we see that this
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flux term is very small. It 's about 2 milligrams
per liter. It's moving between about 7 to maybe up
to 9 milligrams per liter and never falling below
the dissolved oxygen standard.
THE COURT: Is there an amount of
dissolved oxygen that's preferable, or is there --
is there a number that's desirable?
STEVEN HEISKARY: For these -- these
are both -- these would be both classed 2B streams.
5 milligrams per liter would be the water quality
standard. So for fish and other aquatic life, it 's
basically saying that as long as oxygen is staying
above that level, we're -- that's an adequate level
to support fish. If these were cold-water streams,
they'd require a little more oxygen and that
standard's a little different.
So as this stays above 5 --
THE COURT: It's all good.
STEVEN HEISKARY: It's a good thing.
It's meeting standards.
THE COURT: Keep going. Thank you,
though.
STEVEN HEISKARY: Okay. In
addition, so now we've developed a lot of these -- a
lot of these data sets. We've brought in all this
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information that I've talked about. You'll see many
data points on these graphs. We made use of
EPA-recommended statistical approaches to relate
phosphorus, and actually we've related chlorophyll
and these other factors, as well, to biological
condition.
We have just a -- these are just -- just
examples here, but the two statistical approaches --
on the left is quantile regression. On that kind
of -- that kind of regression, that automatically --
it's helping us to determine where thresholds or
breakpoints are and we can see here there's an upper
breakpoint noted, and that's critical -- critical to
our process so the statistic is helping us to
identify where we have significant changes or where,
in this case, the percent sensitive fish individuals
seems to be responding to increases in phosphorus
creation.
The other technique we use, another
EPA-recommended technique, change-point analysis or
also referred to as regression-tree, takes a little
different approach, but again, it 's seeking out
thresholds, again, where, in this case, its
invertebrate taxa richness, we see things --
basically, things are doing real well. I'm pointing
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at the upper -- upper left of this -- this graph.
Then, as we get into for nutrient-enriched --
phosphorus-enriched conditions here, we start to see
a distinct decline where we're seeing a lot fewer
invertebrate taxa. The statistic here is picking it
up in this particular case, and there's not a whole
lot of cases like it. Your eye would find that --
that threshold, as does the statistic, but again,
these statistics are very important for detecting
these thresholds.
We've long known that the Minnesota
streams and lakes exhibit distinct regional patterns
in their water quality. The patterns are caused by
differences in land form, soil type, potential
natural vegetation and land use, which are the basis
of the EPA-mapped ecoregions. EPA, in their
guidance documents, we have several exhibits that
talk about that, recommends a regional approach when
developing nutrient standards. MPCA then developed
river nutrient regions based on the underlying EPA
ecoregion map, and then we accounted for rivers
basically moving from one region to the next and
perhaps the most straightforward example of that
might be here, I'm pointing to the map, the
Mississippi River. Let's see, we have staff sitting
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KIRBY A. KENNEDY & ASSOCIATES( 952 ) 922 - 1955
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in the Brainerd office right now. It is a northern
river because it flows through Brainerd and even as
it flows down here, I would say, approaching
St. Cloud; at this point, though, more water is
draining in from watersheds that are in the central
portion. It is -- it is at that point we've
indicated a shift in where we're -- we're going to
call the Mississippi River a northern river versus a
central river for the purpose of the river
nutrient -- river nutrient regions here, and we
explain the process, include detail maps in SONAR
and also in Exhibit EU-5.
Okay. So we've done -- we've done this
work. We've pulled together this -- this data. We
use, then, these multiple lines of evidence to help
us derive our criteria. We start at the panel on
the lower left there. So we define relationships
using basic correlation and regression. Basically,
we're just plotting stuff up. We're trying to see
how -- how things relate. We move from there, after
we've -- we've got a sense of how these things start
to relate, we move onto the more sophisticated
approaches, looking for threshold concentrations for
the fish and invertebrates using the quantile
regression and change-point analysis.
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We've also used an approach where we look
at regional reference conditions, and we put a lot
of time into review of the literature and we
incorporate that as appropriate, as well. Bringing
that all together, we summarize the results, and we
recommend the numeric nutrient criteria, which we
bring to you today.
Here they are. The criteria are by
region, north, central and south, they have the
causative variable phosphorus and our three response
criteria, that is: Chlorophyll, the suspended
algae, dissolved oxygen flux and biochemical oxygen
demand. The numbers we have presented here, these
are -- these would be summer averages. When we
actually assess rivers to see if they meet the
standards, our -- our minimum requirements are going
to be that we have to monitor those rivers a minimum
of two summers. Many of the rivers that we'll
assess will have much more data than that, but a
minimum of two summers; and every summer that's
included, that needs six or more observations. So
we want a nice, robust dataset spread out over the
course of those summers to help us characterize
conditions and allow, then, for valid assessments to
take place, and if, then, the phosphorus criteria
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KIRBY A. KENNEDY & ASSOCIATES( 952 ) 922 - 1955
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and one or more of the response variables is
exceeded, the water quality standard's violated and
that river reach is deemed impaired.
To provide some perspective here, we've
done -- the formal name for it is a cumulative
distribution function, but let's just call them
distributions of phosphorus values for the three
regions.
In blue, we have distributions for the
northern streams. Green central, and red is the
southern streams. On the bottom, that's phosphorus
concentration, and on the Y axis, that's a
proportion of sites. So a couple of things that
this -- that this -- this gives us; one, it clearly
demonstrates a distinct regional patterns,
abundantly clear from this -- this -- these
distributions. Secondly, it provides a basis just
to approximate -- approximate is a good term here
and the percent of river reaches that potentially
exceed the phosphorus standard. We look in blue
here, that the 50 -- the proposed 50-microgram
standard, bring that up, that's at about the 50th
percentile. So about half are lower, about half are
higher. Central, 100, it 's about 35th percentile,
meaning about 65 percent have a higher phosphorus
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KIRBY A. KENNEDY & ASSOCIATES( 952 ) 922 - 1955
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concentration, and the south, 150, it 's at about 25,
so about 75 percent. And this is based on quite a
few river sites. Each one's based on about a 100 to
200 sites per region. So I think this is a fairly
robust and a reasonably accurate reflection of
phosphorus concentrations across those regions.
In addition to our actual numeric
standards, we've developed a -- what we're going to
call a numeric translator to help us address rivers
where there's excess periphyton. Periphyton being
the algae that grows on the bop of the stream.
Before, we were talking about the algae that's up in
the water column. Now, we're talking about the
stuff that gross on the bottom. We have some
pictures here that show different levels of that;
and we're basing this largely on the literature, and
there's abundant literature on this topic, and that
literature suggests that biomass concentrations of
about 150 milligrams of chlorophyll-A per square
meter or less protects the streams' beneficial uses
and higher biomass is considered polluted with the
loss of uses.
Again, it 's a numeric translator of the
narrative language that -- basically the narrative
language says something to the effect of not -- does
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KIRBY A. KENNEDY & ASSOCIATES( 952 ) 922 - 1955
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not allow for noxious growth of algae. But as a
translator, there's no nutrient concentrations
associated with that biomass and what that will
require is when we -- we find river reaches that are
above that amount, we'll have to go into the
stressor ID process to figure out what's causing
those excessive amounts. So just because this
numeric translator is exceeded, it doesn't directly
go back in and require nutrient reductions, and
things like that, immediately. Rather, there's this
stressor ID process to work -- work through this and
fully understand why that site has such excessive
periphyton.
In addition to these river standards,
we're -- we've included site-specific standards for
the Mississippi River Navigational Pools and
Lake Pepin. The navigational pools are transitional
water bodies. They are not truly free-flowing
rivers, nor are they true reservoirs, developed to
move commerce, basically, on the river, barges up
and down the river. That's why they were put -- put
in place, but they support a variety of -- a variety
of uses, as you can see the pictures, here. People
are boating there, they're fishing there, they're
swimming there. These are important bodies of water
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KIRBY A. KENNEDY & ASSOCIATES( 952 ) 922 - 1955
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and we need to protect them for that use. We've
highlighted a just a couple of examples here.
Upper left, red -- that -- in red there,
that's Pool 2, which is right outside our door here.
That extends all the way through Spring Lake.
Pool 4 is -- includes Lake Pepin, and
then there's four other pools below that that go on
down to the Iowa border. So site-specific standards
for these.
The need, if we look back at Lake Pepin
during the summer of 1988, very severe -- very
severe blooms and fish kills that resulted. But
even in more recent years, we see the continuation
of severe algal blooms in Pool 4.
The water quality standards we're
proposing seek to maintain the aquatic recreational
use, and our emphasis is going to be on minimizing
the frequency of algal blooms. We've done a lot of
work on this. We have a mechanistic model that was
development for this. This graph, here, is an
example of results from that model, and what that
has on the X axis, phosphorus concentration, and on
the Y axis, that's a number of days with chlorophyll
greater than 50 micrograms per liter. 50 micrograms
would represent severe nuisance blooms. Our
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KIRBY A. KENNEDY & ASSOCIATES( 952 ) 922 - 1955
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emphasis here is we want to reduce the intensity and
frequency of those blooms, and what the modeling and
data tell us is that if we can get phosphorus
concentrations down to about 100, it 's this --
again, point 1 milligrams per liter or 100
micrograms per liter -- we could get the intensity
of those blooms, the frequency of those blooms, down
to less than about five days, so that's -- that's a
big emphasis for these systems.
Here, then, are the standards for the
pools. In Pepin, we have proposed phosphorus and
chlorophyll standards. We've also included the
Mississippi River that should be the central --
central nutrient region, southern nutrient region,
which would apply to the Minnesota River and Lake
St. Croix, which -- which has its own -- own
standard, there, just for comparison purposes.
So the -- the idea, here, and the
modeling has helped us understand that, is that
these systems all work together. The modeling is
demonstrated for us. If we can meet the standards
for the Mississippi where it comes into the Twin
Cities, the Minnesota River where it comes into the
Twin Cities area, Lake St. Croix will meet its
standard. We do that, we're going to be able to
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KIRBY A. KENNEDY & ASSOCIATES( 952 ) 922 - 1955
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meet these standards which are going to protect the
health of the pools and Lake Pepin.
In addition, given that these are border
waters -- from Pool 3 on down, they're border waters
with the State of Wisconsin -- it was important that
we work with them, and that's exactly what we did,
and we took into account that their promulgated
phosphorus standard is 100 micrograms per liter. So
we've been in discussions, we've worked with them on
this, and we believe we are in agreement with them
for these waters.
THE COURT: I do have a couple this
time. Back on Slide 14, to be found in violation,
you have to exceed the total phosphorus. So let's
take the north region, for example.
STEVEN HEISKARY: Yes.
THE COURT: So if you're in excess
of 50, you have to violate that plus have -- violate
one of the response criteria.
STEVEN HEISKARY: Yes.
THE COURT: And it says that the
assessments require a minimum of two summer and then
six or more -- I'm not clear on what the 6 or more
observations by summer.
STEVEN HEISKARY: That means that
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KIRBY A. KENNEDY & ASSOCIATES( 952 ) 922 - 1955
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the river would be sampled six or more times.
THE COURT: Is there -- is there
timeframe within which --
STEVEN HEISKARY: That is a very
good question. I wasn't clear enough on that.
Summer, in this case, is June through September. So
the sampling must take place --
THE COURT: So if you have one bad
sample in August of 2014 and then a bad sample in
June of 2015, that wouldn't qualify as two -- you
need to have them within the same calendar year.
STEVEN HEISKARY: What they are, the
way we're approaching -- again, a very good
question. The way we're approaching these
assessments is the same way we address lakes. What
we'll do is, those samples will be -- will be taken,
analyzed, and we will average those results. So in
the case of -- we have a river that's monitored over
the course of two summers. It has at least 12
observations collected over -- over that time
period. We'd average those results. We'd take
those average results, and we'd match -- match them
against the phosphorus and, in this case, we're
saying we're measuring chlorophyll and match them
against that to see if they meet standards. So it's
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KIRBY A. KENNEDY & ASSOCIATES( 952 ) 922 - 1955
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used in a different fashion than the total suspended
solids which we're -- so it's a little -- it's
consistent with what we do on lakes -- lakes with a
very similar approach where we need to monitor them
a couple of summers and then we average the results
and compare to the lake eutrophication standards.
THE COURT: Okay. And then, moving
to Slide 20, so on this -- in this particular
example -- so if there was going to be a violation
in let's say Lake St. Croix, you'd have to have a
phosphorus reading of over 40, plus a
chlorophyll-A -- or is -- plus a chlorophyll-A, or
are there other response -- responses.
STEVEN HEISKARY: It would -- again,
it's a good question.
THE COURT: Response criteria.
STEVEN HEISKARY: Quickly,
Lake St. Croix -- Lake St. Croix was already
assessed using our lake eutrophication standards.
THE COURT: Okay.
STEVEN HEISKARY: The lake was
deemed impaired. These are the -- these are the
standard for -- that it needs to meet, and they are
-- between Minnesota and Wisconsin, efforts are
underway to already -- to meet these. So it's
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KIRBY A. KENNEDY & ASSOCIATES( 952 ) 922 - 1955
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further along in the process. We're not talking
about assessing it at this -- we're talking about we
need to get it to here, we need to get it below here
and we need to meet this. We do that, then it's in
compliance with the standards.
THE COURT: If it's outside of one,
it's not in compliance.
STEVEN HEISKARY: That the pretty
much -- pretty much it.
THE COURT: It's a little bit of an
oversimplification.
STEVEN HEISKARY: Yeah, once we're
in -- when we're into the implementation, we --
we've done modeling, we've figured out how much has
to be reduced to meet the TMDL, our focus becomes on
this 40. We need to do the things out in the
watershed that bring the phosphorus concentration of
lake down to 40, and based on our understanding of
the relationships and our standards, we have every
reason to believe it's going to meet that 14 at that
time.
THE COURT: Okay. Got it. Thank
you, very much.
STEVEN HEISKARY: Thank you.
PHILIP MONSON: Your Honor, my name
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KIRBY A. KENNEDY & ASSOCIATES( 952 ) 922 - 1955
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is Phil Monson. I'm a research scientist with the
Minnesota Pollution Control Agency working in our
standards unit. Today -- this evening, I'm here to
talk to you about our proposed total suspended
solids water quality standard.
The need for protection of aquatic
resources for suspended solids within aquatic
environments is pretty well established. Suspended
solids have direct effects -- physical effects on
aquatic animals, smothering gills, smothering eggs,
can actually be, you know, outright harmful in terms
of just in higher loads, hitting -- hitting
organisms and injuring them. The -- there is an
existing -- in our rules, we do have an existing
turbidity standard which accounts for some of that.
However, it's -- it 's -- it 's a non-quantifiable
amount. It's a unitless approach that's -- that's
used, and it also is -- is something that does not
have much biological base in terms of how those
numbers are set; and one more thing, it 's also a
state-wide value, and all of those pieces are going
to come into the approach that we use for developing
or revising our -- our proposed total suspended
solids water quality standard.
Part of it is because now we are working
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KIRBY A. KENNEDY & ASSOCIATES( 952 ) 922 - 1955
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with a quantitative measurement of the suspended
solids, an actually laboratory measurement which, in
that case, a sample would be taken from a water
body, brought to a lab and a very consistent
methodology is always used in approach for measuring
that value for total suspended solids.
In our existing case, with using a
turbidity, we're using meters. It's a field
measurement. Yes, it might be a little bit --
little bit faster, however, there's a variety of
meters, there's a variety of methods for calibrating
them. There's different technicians using them.
There's a fair amount of potential for error.
Another aspect of the quantifiable in our
-- in our -- in our -- our proposed TSS standard is
that we can actually calculate loads which are very
important in terms of dealing with impairments, when
we are setting up total maximum daily loads to know
what are the levels that we need to achieve for --
to get into compliance with -- with our -- with this
new approach using total suspended solids.
Another aspect of our proposed total
suspended solids is using the same river nutrient
criteria that Steve covered across the state. We
felt this was reasonable to do because we
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KIRBY A. KENNEDY & ASSOCIATES( 952 ) 922 - 1955
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recognize -- and it is recognized that there are
regional differences across the state in terms of
watershed, landscaped use, all the kinds of things
at that Steve outlined; soil types that were really
put into place for developing those river-nutrient
regions across the state.
And finally, with this proposed total
suspended solids standard, it is a strong biological
effects database. It was looked at and considered
and we'll go into that in a little more detail,
here, but really looking at what are the effects of
total suspended solids on fish, on invertebrate, on
a variety of different groupings of those that were
looked at, these metrics that we'll talk about.
So real briefly, here, we saw this
earlier, describing a river nutrient regions across
the state. Same -- exact same slide that Steve
covered. You know, really the same rationale in
terms of how it was developed, why it was developed.
A very strong EPA approach looking at those regional
patterns across the landscape and really provides a
sound basis for us to -- to be looking at the
different regions across our very diverse state.
Again, similar -- really, the same slide
at that Steve showed where we are using multiple
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KIRBY A. KENNEDY & ASSOCIATES( 952 ) 922 - 1955
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lines of evidence for -- were used in terms of
developing this water quality standard. Certainly
in part looking at those relationships from
correlation regression, seeing where -- where two --
two variables compare, and then going into a little
more detail with both biological data. As you see
up here, in the corner -- upper corner -- upper-left
corner slide of -- of quantile regression and
change-point analysis. Again, Steve covered those
into pretty good depth, as well as an approach of
looking at regional reference conditions through --
through examining the data for really the period of
record, 20-plus years of information that's out
there, and again, we'll go into a little more
detail.
Finally, the literature review is also
important. There is a body of literature out there
that -- that details effects on biology and -- and
also comparisons to landscape and suspended solids,
quite a bit -- quite a -- pretty good literature --
literature review.
So to kind of go briefly on how
reference-stream approach was taken, the data were
looked at. Really they're all seasonal data, for
the most part. Most of our monitoring does occur in
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KIRBY A. KENNEDY & ASSOCIATES( 952 ) 922 - 1955
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that kind of open water, April-through-September
time period.
Sites were considered within this
investigation had at least 15 data points. These
data points, and there were, again, about 168 sites
that were finally selected on this, we took up to
about the 90 percentile of those, and the reason for
that is that it 's recognized that over the years,
samples have been taken at a variety of times, and
we also recognized that some of these times might
have been fairly high flow, after storm events,
things like that. We didn't want to necessarily
bias those averages that where we actually come down
to in terms of developing a reference approach by
including all of those very -- fairly high numbers
and so up to about the 90th percentile values were
used. As I said, the data were averaged from the
sites within each stream.
The tributaries of large rivers were
separated out and looked at separately, and finally,
the value for the total suspended solids were based
on the regions for the reference condition within
those regions.
So here is a table that outlines the
final values, if you will, that after examining the
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KIRBY A. KENNEDY & ASSOCIATES( 952 ) 922 - 1955
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data for the different river nutrient regions -- and
also I want to point out that the Red River main
stem was pulled out, as well, as a special case.
There's a different sort of approach that was --
that was used to examine the Red River. There is --
there does tend to be a little higher background
within that -- within that region, and so it was
selected out from --
THE COURT: What do you mean by
higher background?
PHILIP MONSON: Higher background in
terms of -- in terms of the watershed that's
carrying the water into the Red River. It 's a
siltier area and things like that. And so that was
recognized and it didn't seem to be appropriate to
necessarily lump it into one of the river nutrient
regions and it's -- it 's been -- it's been a
longstanding consideration out there.
The biological data, then, again looked
at using both quantile regression or QR and change-
point analysis that are lined up in this table for a
variety of different metrics. Again, you can see
these metrics are both for fish and invertebrates
and also cover the different regions, are the way --
that the -- that measured the effects of suspended
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KIRBY A. KENNEDY & ASSOCIATES( 952 ) 922 - 1955
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solids on these different ways to look at different
groupings of fish, different kinds of invertebrates,
et cetera. There were about 200 -- 200 analyses,
statistical analyses that were done to -- to pull
all these data together when they're available. You
can see for some of these, it couldn't be done, so
there's certain blanks in there that we -- we
couldn't fil l in those data points, but that's fine.
We had a variety of different metrics that were
looked at, and we saw a similar slide that Steve
showed where -- where quantile regression and
change-point analysis really reflect what's going on
with the data. You can kind of eyeball and see,
well, there is a definite change based on
concentration of suspended solids which you see on
the X axis and the percent sensitive individuals
that decrease with increase in suspended solids.
But the -- really, the point is that both quantile
regression and change point are statistical
approaches. You have -- you have variables or you
have -- I'm trying to think of my terms, here. You
have an average, and that's the solid lines, there,
but then you have -- you have your variables or your
variability of the other two lines that are -- that
are shown on the map. It's just -- just an example
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KIRBY A. KENNEDY & ASSOCIATES( 952 ) 922 - 1955
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where the statistical approach is much better
approach than -- than simply eyeballing, is really
my point of that.
Another component to that is regarding
the metrics, there are recognized that not all of
them will provide the most sensitive endpoint, if
you will, for either the fish or the invertebrates
that are being looked at, and so the approach taken
was using the 25th percentile. So weighing towards
more sensitive types of metrics and providing for a
little more protective values that were finally --
finally brought out, and as you see in this -- in
this table, circled in the -- in the red, for the
river-nutrient regions, and, in this case, as well,
the trout streams, or Class 2-A waters, were pulled
out as another -- a separate examination, which is
actually similar to what we have in our -- our
existing role where we actually do have a separate
turbidity value for trout streams, statewide, and so
we're really trying to -- to continue that with the
recognition that trout streams are very valuable and
typically are the higher quality streams, highest
quality streams across the state.
So I think, finally, then, our -- our
kind of summary slide of showing our tables,
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KIRBY A. KENNEDY & ASSOCIATES( 952 ) 922 - 1955
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including both our reference data and the biology
data, and then, finally, the final water-quality
standards were a combination of that, again, where
we did have both -- both datasets available to us to
come up with our -- our -- to come up with our --
our total suspended solid water-quality standard.
Now, these will be concentrations that
would be implemented as those exceeded no more than
10 percent of the time, and also, there's that
period of April through September where -- where
it's the terms of implementation.
One last piece that we will include
within this rulemaking are site-specific standards
that were developed for lower Mississippi, Pools 2
through 4, and that includes that Lake Pepin area
that Steve described, and that was -- that has been
adopted by us as a site-specific standard, approved
by EPA and we're bringing it into this rulemaking
because it's administratively efficient. There's an
ease of access to pull it in now versus a separate
rulemaking, and it had already been adopted as a
site-specific standard, so it was -- it was an easy
one to bring into place.
We also are considering or proposing a
site-specific standard for the remainder of that
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KIRBY A. KENNEDY & ASSOCIATES( 952 ) 922 - 1955
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lower Mississippi reach below Pool 4, and you see
the respective values for those for -- for -- for
total suspended solids.
Now, the difference between these
water-quality standards and the ones I've just been
describing is the main focus of protection is
submerged aquatic vegetation. Steve described it
well where these are kind of between rivers and
lakes, and the need and the necessity of maintaining
quality submerged aquatic vegetation is pretty well
documented. Suspended solids is something which
blocks out light, potentially smothers -- smothers
plants, et cetera. It is very important to these --
to these ecosystems in the Mississippi River.
Another piece to -- that's a little bit
different is the implementation of this will be
based on a summer average, so that's a
June-through-August time period or June through
September, I'm sorry, and it needs to be met in at
least half of the summers of the monitoring period
for -- for the dataset. So a little bit different
implementation schedule for those, but -- but based
in -- in -- in good science and -- and reasonable
approach for developing suspended solid standards
for these -- for this part of the Mississippi River.
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KIRBY A. KENNEDY & ASSOCIATES( 952 ) 922 - 1955
44
I think that's the end of it.
THE COURT: Thank you, very much.
PHILIP MONSON: You're welcome.
THE COURT: Right now, we'll take a
10-minute break to give you folks a chance to look
at the exhibits and then we'll come back and take
some public testimony. We're on 10-minute recess.
Thank you.
(Whereupon, a recess was taken.)
THE COURT: All right. We are back
on the record. I did check the signup sheet and I
noticed that at this point, there are no one -- no
one wants to make any public comments, but I' l l
give -- give the folks in the audience one more
chance. Going once. Going twice. All right.
Thank you all very much for attending this evening.
I very much appreciate it. It 's very, very helpful
to the process. This hearing is adjourned. And I
would remind you all, again, please submit written
comments. They're very much encouraged. Thank you,
again. Have a good evening. This hearing is
adjourned.
(Whereupon, at 7:15 p.m., on
Wednesday, January 8, 2014, the
Rulemaking Hearing was adjourned.)
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KIRBY A. KENNEDY & ASSOCIATES( 952 ) 922 - 1955
45
STATE OF MINNESOTA) )COUNTY OF ANOKA )
REPORTER'S CERTIFICATE
I, Barbara J. Carey, do hereby certify
that the above and foregoing transcript, consisting
of the preceding 44 pages is a correct transcript of
my stenograph notes, and is a full, true and
complete transcript of the proceedings to the best
of my ability.
Dated January 15, 2014
________________________________ Barbara J. Carey, RPR Court Reporter
0
0.81 [1] - 18:9
1
1 [1] - 29:510 [3] - 3:8, 17:3,
42:910-minute [2] - 44:5,
44:7100 [5] - 25:24, 26:3,
29:4, 29:5, 30:812 [2] - 3:9, 31:1914 [2] - 30:13, 33:2014.14 [1] - 4:1114.15 [2] - 4:11, 9:1215 [2] - 38:4, 45:14150 [2] - 26:1, 26:19168 [1] - 38:51988 [1] - 28:11
2
2 [6] - 4:18, 11:13, 14:7, 20:1, 28:4, 42:14
2-A [1] - 41:1520 [3] - 9:5, 19:2,
32:820-plus [1] - 37:13200 [3] - 26:4, 40:32006 [1] - 19:152008 [1] - 14:192014 [8] - 1:18, 1:25,
4:17, 9:6, 9:9, 31:9, 44:24, 45:14
2015 [1] - 31:1025 [1] - 26:125th [1] - 41:928th [1] - 9:62B [1] - 20:9
3
3 [3] - 11:13, 14:8, 30:4
300 [1] - 18:2133 [1] - 3:1035 [1] - 19:635th [1] - 25:24
4
4 [4] - 28:6, 28:14, 42:15, 43:1
40 [4] - 17:9, 32:11, 33:16, 33:18
4104 [2] - 1:8, 5:544 [1] - 45:94:30 [2] - 9:5, 9:84th [1] - 9:9
5
5 [3] - 19:20, 20:10, 20:17
50 [4] - 25:21, 28:24, 30:18
50-microgram [1] - 25:21
50th [1] - 25:22520 [2] - 1:22, 2:655155 [1] - 2:7
6
6 [1] - 30:2360-2200-30791 [3] -
1:7, 5:3, 9:365 [1] - 25:256:00 [3] - 1:19, 1:25,
4:16
7
7 [2] - 19:18, 20:27050 [2] - 1:12, 5:27053 [2] - 1:12, 5:275 [1] - 26:27:15 [1] - 44:23
8
8 [3] - 1:18, 1:25, 44:24
8th [1] - 4:17
9
9 [1] - 20:390 [1] - 38:790th [1] - 38:16
A
abbreviated [2] - 16:10, 16:17
ability [1] - 45:12able [2] - 17:17,
29:25abundant [1] - 26:17
abundantly [1] - 25:16
access [1] - 42:20account [1] - 30:7accounted [1] -
22:21accounts [1] - 34:15accurate [4] - 6:24,
8:6, 8:18, 26:5achieve [1] - 35:19Act [2] - 5:16, 5:18actual [2] - 17:11,
26:7add [1] - 17:17addition [4] - 20:24,
26:7, 27:14, 30:3additional [4] -
11:23, 12:1, 12:6, 14:8
Additional [1] - 9:12address [5] - 7:8,
8:25, 10:4, 26:9, 31:15
addresses [1] - 14:15
addressing [1] - 8:3adequate [1] - 20:13adjourned [3] -
44:18, 44:22, 44:25ADMINISTRATIVE
[1] - 1:3Administrative [6] -
1:21, 4:2, 4:3, 5:7, 5:16, 7:17
administratively [1] - 42:19
adopt [4] - 4:5, 5:20, 11:17, 14:14
adopted [3] - 5:15, 42:17, 42:21
AGENCY [3] - 1:5, 2:5, 3:4
agency [1] - 5:15Agency [22] - 1:10,
4:5, 4:23, 5:19, 5:25, 6:1, 6:7, 6:12, 6:14, 6:17, 7:16, 7:17, 9:16, 9:20, 9:21, 9:22, 9:25, 11:3, 11:5, 11:16, 11:21, 34:2
Agency's [3] - 4:19, 10:18, 11:11
agenda [1] - 6:10agreement [1] -
30:10algae [14] - 15:11,
15:24, 16:13, 17:11, 18:2, 18:12, 18:18, 18:24, 19:3, 19:25, 24:12, 26:11, 26:12,
27:1algal [2] - 28:14,
28:18allotted [1] - 6:21allow [2] - 24:24,
27:1allowed [1] - 17:19alternatives [1] -
5:24Amendments [1] -
1:11amendments [1] -
4:23amount [4] - 20:5,
27:5, 34:17, 35:13amounts [4] - 18:24,
19:2, 19:25, 27:7analyses [2] - 40:3,
40:4analysis [6] - 17:1,
21:20, 23:25, 37:9, 39:21, 40:12
analyzed [1] - 31:17animals [1] - 34:10ANOKA [1] - 45:2answer [2] - 12:7,
12:9anyway [1] - 13:10APPEARANCES [1] -
2:1appearing [1] - 11:3apply [1] - 29:15appreciate [1] -
44:17approach [18] - 12:9,
21:22, 22:18, 24:1, 32:4, 34:17, 34:22, 35:5, 35:21, 36:20, 37:10, 37:23, 38:14, 39:4, 41:1, 41:2, 41:8, 43:24
approaches [4] - 21:3, 21:8, 23:23, 40:20
approaching [3] - 23:3, 31:13, 31:14
appropriate [3] - 7:4, 24:4, 39:15
approved [1] - 42:17approximate [2] -
25:18April [2] - 38:1, 42:10April-through-
September [1] - 38:1aquatic [7] - 20:11,
28:16, 34:6, 34:7, 34:10, 43:7, 43:10
area [3] - 29:24, 39:14, 42:15
arguments [1] - 6:5KIRBY A. KENNEDY & ASSOCIATES
( 952 ) 922 - 1955
1
aspect [2] - 35:14, 35:22
assess [2] - 24:15, 24:19
assessed [1] - 32:19assessing [1] - 33:2assessments [3] -
24:24, 30:22, 31:15associated [1] - 27:3attain [1] - 8:5attending [2] - 6:24,
44:16ATTORNEY [1] - 2:4attorney [1] - 11:2audience [1] - 44:14augment [1] - 17:15August [3] - 19:15,
31:9, 43:18authority [3] - 5:20,
9:22, 11:16automatically [2] -
19:9, 21:10available [7] - 5:25,
10:6, 11:9, 11:10, 12:7, 40:5, 42:4
average [7] - 19:17, 31:17, 31:21, 31:22, 32:5, 40:22, 43:17
averaged [1] - 38:17averages [2] - 24:14,
38:13averaging [1] - 19:1axis [7] - 18:4, 19:14,
25:12, 28:22, 28:23, 40:16
B
background [3] - 39:6, 39:10, 39:11
bacterial [1] - 16:14bad [2] - 31:8, 31:9Barbara [3] - 1:23,
45:7, 45:18barges [1] - 27:20base [1] - 34:19based [9] - 18:10,
22:20, 26:2, 26:3, 33:18, 38:21, 40:14, 43:17, 43:22
basic [1] - 23:18basing [1] - 26:16basis [3] - 22:15,
25:17, 36:22becomes [1] - 33:15BEFORE [1] - 1:16begin [3] - 7:7,
10:17, 12:25behalf [1] - 11:4
below [5] - 19:20, 20:3, 28:7, 33:3, 43:1
beneficial [1] - 26:20best [2] - 6:7, 45:11better [1] - 41:1between [6] - 16:3,
18:1, 20:2, 32:24, 43:4, 43:8
bias [1] - 38:13big [1] - 29:9billion [1] - 18:24binder [2] - 11:9,
11:24biochemical [2] -
16:16, 24:12biological [8] - 16:4,
16:23, 21:5, 34:19, 36:8, 37:6, 39:19
Biological [1] - 17:16biology [3] - 17:11,
37:18, 42:1biomass [3] - 26:18,
26:21, 27:3bit [7] - 14:10, 33:10,
35:9, 35:10, 37:20, 43:15, 43:21
blanks [1] - 40:7blocks [1] - 43:12blooms [7] - 28:12,
28:14, 28:18, 28:25, 29:2, 29:7
Blue [1] - 15:22blue [3] - 18:5, 25:9,
25:20board [1] - 7:13boating [1] - 27:24BOD [1] - 16:17bodies [2] - 27:18,
27:25body [2] - 35:4,
37:17Book [2] - 14:7, 14:8bop [1] - 26:11border [3] - 28:8,
30:3, 30:4bottom [4] - 16:6,
19:8, 25:11, 26:14BOUCHARD [1] -
2:13Brainerd [3] - 4:20,
23:1, 23:2break [2] - 6:18, 44:5breakpoint [1] -
21:13breakpoints [1] -
21:12brief [7] - 6:17, 6:18,
12:5, 12:23, 13:13, 13:19, 13:25
briefly [4] - 6:15,
11:8, 36:15, 37:22bring [4] - 24:7,
25:22, 33:17, 42:23bringing [1] - 42:18Bringing [1] - 24:4broader [1] - 17:20brought [4] - 17:19,
20:25, 35:4, 41:12build [1] - 13:9burdens [1] - 9:20buzz [1] - 13:7
C
calculate [1] - 35:16calendar [2] - 9:5,
31:11calibrating [1] -
35:11cannot [1] - 8:11capacity [2] - 18:17,
18:18Carey [3] - 1:23,
45:7, 45:18CAROL [1] - 2:10carrying [1] - 39:13case [12] - 9:2, 13:1,
21:16, 21:23, 22:6, 31:6, 31:18, 31:23, 35:3, 35:7, 39:3, 41:14
cases [4] - 15:20, 15:25, 16:1, 22:7
causative [1] - 24:10caused [1] - 22:13causing [1] - 27:6center [1] - 10:22central [6] - 23:5,
23:9, 24:9, 25:10, 29:13, 29:14
Central [1] - 25:24certain [1] - 40:7Certainly [1] - 37:2CERTIFICATE [1] -
45:5certify [1] - 45:7cetera [2] - 40:3,
43:13chance [2] - 44:5,
44:15change [7] - 21:20,
23:25, 37:9, 39:20, 40:12, 40:14, 40:19
change-point [4] - 21:20, 23:25, 37:9, 40:12
changes [1] - 21:15Chapters [2] - 1:12,
5:2
characterize [1] - 24:23
check [1] - 44:11checkmark [1] - 7:4chlorophyll [8] -
18:2, 21:4, 26:19, 28:23, 29:12, 31:24, 32:12
Chlorophyll [1] - 24:11
chlorophyll-A [3] - 26:19, 32:12
CHRISTOPHERSON [1] - 2:14
circled [1] - 41:13Cities [2] - 29:23,
29:24clarification [1] - 5:1Class [1] - 41:15classed [1] - 20:9clear [4] - 8:2, 25:16,
30:23, 31:5clearly [4] - 8:9,
8:10, 15:14, 25:14close [3] - 9:4, 9:8,
18:15Cloud [1] - 23:4cold [1] - 20:14cold-water [1] -
20:14Coleman [2] - 10:19,
11:1COLEMAN [4] - 2:4,
10:20, 10:25, 13:4Coleman.................
.............. [1] - 3:8collected [2] - 17:16,
31:20collection [1] - 17:11collections [1] -
16:25column [2] - 7:5,
26:13combination [1] -
42:3comment [2] - 7:2,
9:16comments [8] - 6:4,
8:23, 9:1, 9:7, 9:11, 9:15, 44:13, 44:20
Comments [1] - 8:24commerce [1] -
27:20compare [2] - 32:6,
37:5comparison [1] -
29:17comparisons [1] -
37:19complements [1] -
14:19complete [2] - 6:11,
45:11compliance [3] -
33:5, 33:7, 35:20component [1] -
41:4concentration [6] -
16:20, 25:12, 26:1, 28:22, 33:17, 40:15
concentrations [6] - 23:23, 26:6, 26:18, 27:2, 29:4, 42:7
conceptional [1] - 16:10
condition [5] - 16:4, 16:5, 16:23, 21:6, 38:22
conditions [4] - 22:3, 24:2, 24:24, 37:11
conducted [1] - 4:12connection [1] -
13:19consideration [1] -
39:18considered [3] -
26:21, 36:9, 38:3considering [1] -
42:24consistent [2] - 32:3,
35:4consisting [1] - 45:8contain [1] - 9:19context [1] - 6:5continuation [1] -
28:13continue [3] - 13:10,
41:20continuous [1] -
17:12contrast [1] - 19:24contribute [1] -
16:15CONTROL [3] - 1:5,
2:5, 3:4Control [9] - 1:10,
4:5, 4:18, 4:23, 5:19, 11:2, 11:4, 11:16, 34:2
controls [1] - 4:14convened [1] - 4:17Coordinator [1] -
2:10copy [6] - 5:9, 8:20,
10:3, 10:7, 11:10corner [3] - 37:7,
37:8correct [1] - 45:9corrections [2] - 5:1,
11:24KIRBY A. KENNEDY & ASSOCIATES
( 952 ) 922 - 1955
2
correlation [2] - 23:18, 37:4
COUNSEL [1] - 2:3COUNTY [1] - 45:2couple [5] - 18:11,
25:13, 28:2, 30:12, 32:5
course [5] - 16:18, 17:3, 19:17, 24:23, 31:19
Court [1] - 45:19court [3] - 7:15, 7:19,
8:5COURT [28] - 4:1,
10:11, 10:23, 12:18, 12:25, 13:6, 13:18, 13:21, 14:23, 15:5, 20:5, 20:18, 20:21, 30:12, 30:17, 30:21, 31:2, 31:8, 32:7, 32:16, 32:20, 33:6, 33:10, 33:22, 39:9, 44:2, 44:4, 44:10
cover [1] - 39:24covered [3] - 35:24,
36:18, 37:9creation [1] - 21:18Creek [1] - 15:23criteria [8] - 23:16,
24:6, 24:8, 24:11, 24:25, 30:19, 32:16, 35:24
critical [3] - 16:8, 21:13
Croix [5] - 29:16, 29:24, 32:10, 32:18
Crow [4] - 17:6, 18:20, 19:12, 19:13
cumulative [1] - 25:5cycling [1] - 19:4
D
daily [2] - 16:19, 35:18
data [23] - 16:25, 17:16, 17:18, 17:23, 20:25, 21:2, 23:14, 24:19, 29:3, 37:6, 37:12, 37:23, 37:24, 38:4, 38:5, 38:17, 39:1, 39:19, 40:5, 40:8, 40:13, 42:1, 42:2
database [1] - 36:9dataset [2] - 24:22,
43:21datasets [1] - 42:4Dated [1] - 45:14
dates [1] - 19:14DAVID [1] - 2:14days [4] - 9:5, 19:17,
28:23, 29:8deadline [1] - 9:18dealing [1] - 35:17decision [1] - 9:19decline [1] - 22:4decrease [1] - 40:17deemed [2] - 25:3,
32:22define [1] - 23:17definite [1] - 40:14definition [1] - 11:25demand [2] - 16:16,
24:13demonstrate [6] -
11:17, 11:20, 15:16, 16:11, 16:24, 17:24
demonstrated [4] - 5:24, 9:23, 9:25, 29:21
demonstrates [1] - 25:15
depth [1] - 37:10derive [1] - 23:16describe [1] - 6:16described [2] -
42:16, 43:7describes [1] - 5:10describing [2] -
36:16, 43:6desirable [1] - 20:7detail [4] - 23:11,
36:10, 37:6, 37:15detailed [2] - 5:12,
17:10details [3] - 10:8,
10:12, 37:18detecting [1] - 22:9determine [2] -
15:16, 21:11Detroit [1] - 4:21develop [1] - 5:17developed [7] -
20:24, 22:19, 26:8, 27:19, 36:19, 42:14
developing [7] - 6:4, 22:19, 34:22, 36:5, 37:2, 38:14, 43:24
development [1] - 28:20
difference [1] - 43:4differences [2] -
22:14, 36:2different [17] - 20:16,
21:22, 26:15, 32:1, 35:12, 36:13, 36:23, 39:1, 39:4, 39:22, 39:24, 40:1, 40:2,
40:9, 43:16, 43:21difficult [1] - 16:2digest [1] - 6:19direct [2] - 16:3, 34:9directions [1] - 4:10directly [2] - 7:22,
27:8discuss [1] - 10:13discussed [1] - 9:20Discussion [1] -
10:10discussions [1] -
30:9dispatch [1] - 12:20dissolved [7] -
16:18, 17:13, 19:5, 19:20, 20:4, 20:6, 24:12
distinct [3] - 22:4, 22:12, 25:15
distribution [1] - 25:6
distributions [3] - 25:7, 25:9, 25:17
diverse [1] - 36:23DO [1] - 16:19Docket [2] - 5:2, 9:2DOCKET [1] - 1:7document [1] - 11:15documented [2] -
9:21, 43:11documents [2] -
12:1, 22:17done [7] - 23:13,
25:5, 28:18, 33:14, 40:4, 40:6
door [1] - 28:4dots [1] - 18:5down [9] - 14:9,
23:3, 27:21, 28:8, 29:4, 29:7, 30:4, 33:18, 38:13
draining [1] - 23:5drawn [1] - 18:10drill [1] - 14:9Duluth [1] - 4:20during [4] - 9:13,
9:16, 16:20, 28:11
E
early [2] - 17:4, 19:15Earth [1] - 15:22ease [1] - 42:20easy [1] - 42:22ecoregion [1] - 22:21ecoregions [2] -
17:8, 22:16ecosystems [1] -
43:14effect [1] - 26:25effects [6] - 34:9,
36:9, 36:11, 37:18, 39:25
efficient [1] - 42:19efforts [1] - 32:24eggs [1] - 34:10either [1] - 41:7emphasis [3] -
28:17, 29:1, 29:9encouraged [1] -
44:20end [2] - 11:23, 44:1endpoint [1] - 41:6enriched [2] - 22:2,
22:3enrichment [3] -
15:10, 15:12, 15:21ensure [2] - 4:15,
8:18entered [2] - 6:14,
11:6entitled [1] - 5:6envelopes [1] - 10:4environments [1] -
34:8EPA [7] - 21:3,
21:20, 22:16, 22:20, 36:20, 42:18
EPA-mapped [1] - 22:16
EPA-recommended
[2] - 21:3, 21:20equipment [1] - 19:7equivalent [1] -
18:23error [1] - 35:13established [1] -
34:8et [2] - 40:3, 43:13EU-5 [1] - 23:12Eutrophication [1] -
1:12eutrophication [10] -
4:25, 11:25, 12:12, 14:2, 14:7, 14:20, 15:9, 15:19, 32:6, 32:19
evening [6] - 4:1, 11:7, 12:5, 34:3, 44:16, 44:21
events [1] - 38:11evidence [4] - 9:11,
9:12, 23:15, 37:1exact [1] - 36:17exactly [1] - 30:6examination [1] -
41:16examine [1] - 39:5
examining [2] - 37:12, 38:25
example [6] - 8:11, 22:23, 28:21, 30:15, 32:9, 40:25
examples [4] - 18:20, 19:11, 21:8, 28:2
exceed [2] - 25:20, 30:14
exceeded [3] - 25:2, 27:8, 42:8
excess [6] - 14:16, 15:17, 18:18, 18:19, 26:10, 30:17
excessive [3] - 15:11, 27:7, 27:12
excursions [1] - 19:19
exhibit [2] - 8:21, 22:12
Exhibit [3] - 11:13, 23:12
exhibits [9] - 6:14, 6:16, 6:19, 11:6, 11:12, 11:20, 11:23, 22:17, 44:6
existing [6] - 19:20, 19:23, 34:14, 35:7, 41:18
explain [1] - 23:11explanation [1] -
6:11extends [1] - 28:5eye [1] - 22:7eyeball [1] - 40:13eyeballing [1] - 41:2
F
factors [1] - 21:5fair [2] - 4:9, 35:13fairly [5] - 4:13,
18:15, 26:4, 38:11, 38:15
fairness [1] - 4:15falling [1] - 20:3familiar [1] - 17:5fashion [1] - 32:1faster [1] - 35:10February [1] - 9:9felt [1] - 35:25few [3] - 13:12,
13:25, 26:3fewer [1] - 22:4field [1] - 35:8figure [1] - 27:6figured [1] - 33:14fill [1] - 40:8
KIRBY A. KENNEDY & ASSOCIATES( 952 ) 922 - 1955
3
fillet [1] - 18:4final [2] - 38:25, 42:2Finally [1] - 37:16finally [10] - 5:23,
6:20, 9:24, 36:7, 38:6, 38:20, 41:11, 41:12, 41:24, 42:2
fine [1] - 40:8First [1] - 12:10first [3] - 8:13, 9:16,
14:2fish [11] - 16:7,
17:12, 20:11, 20:14, 21:16, 23:24, 28:12, 36:12, 39:23, 40:2, 41:7
fishing [1] - 27:24five [3] - 9:7, 9:13,
29:8five-day [1] - 9:13five-working-day [1]
- 9:7flow [1] - 38:11flowing [1] - 27:18flows [2] - 23:2, 23:3fluctuation [1] -
16:18fluctuations [1] -
19:16flux [5] - 16:19,
16:21, 19:22, 20:1, 24:12
focus [4] - 6:9, 17:4, 33:15, 43:6
folks [6] - 6:18, 9:1, 13:1, 14:24, 44:5, 44:14
follow [1] - 14:5following [1] - 8:7FOR [2] - 1:4, 2:3foregoing [1] - 45:8Fork [2] - 18:25,
19:13form [1] - 22:14formal [1] - 25:5four [1] - 28:7free [1] - 27:18free-flowing [1] -
27:18frequency [3] -
28:18, 29:2, 29:7front [1] - 12:9fulfilled [3] - 5:21,
9:23, 11:21full [2] - 14:8, 45:10fully [1] - 27:12function [1] - 25:6
G
general [1] - 18:12gills [1] - 34:10given [1] - 30:3glad [1] - 6:3governing [1] - 4:24graph [3] - 18:3,
22:1, 28:20graphs [1] - 21:2greater [1] - 28:24Green [1] - 25:10gross [1] - 26:14group [1] - 7:9groupings [2] -
36:13, 40:2groups [1] - 4:6grows [1] - 26:11growth [3] - 15:11,
16:14, 27:1guidance [1] - 22:17
H
half [3] - 25:23, 43:20
handout [5] - 5:6, 5:13, 8:25, 10:8, 10:11
hard [1] - 11:10harmful [1] - 34:11head [1] - 8:11health [1] - 30:2hear [2] - 8:9, 14:22heard [1] - 6:20hearing [28] - 4:7,
4:22, 5:14, 5:17, 6:10, 6:11, 6:13, 6:15, 6:21, 6:25, 7:1, 7:5, 7:11, 7:12, 7:18, 7:19, 8:4, 8:6, 8:24, 9:4, 10:12, 10:16, 11:3, 11:6, 11:7, 11:23, 44:18, 44:21
HEARING [2] - 1:16, 1:21
Hearing [4] - 5:8, 11:13, 44:25
Hearings [1] - 4:3HEARINGS [1] - 1:3hearings [3] - 4:8,
4:12, 5:11Heiskary [1] - 12:10HEISKARY [20] -
2:11, 12:20, 13:11, 13:23, 14:25, 15:7, 20:8, 20:19, 20:23, 30:16, 30:20, 30:25,
31:4, 31:12, 32:14, 32:17, 32:21, 33:8, 33:12, 33:24
Heiskary............................ [1] - 3:9
HELD [2] - 1:16, 1:21help [5] - 16:10,
19:5, 23:15, 24:23, 26:9
helped [1] - 29:19helpful [5] - 6:6,
7:23, 8:22, 9:1, 44:17helping [2] - 21:11,
21:14hereby [1] - 45:7High [1] - 18:24high [4] - 18:24,
19:13, 38:11, 38:15higher [7] - 25:24,
25:25, 26:21, 34:12, 39:6, 39:10, 41:22
Higher [1] - 39:11highest [1] - 41:22highlighted [1] -
28:2highlights [1] - 5:12highly [1] - 18:9hitting [2] - 34:12Honor [3] - 10:21,
12:22, 33:25hope [1] - 8:17hundreds [2] -
17:17, 17:18
I
ID [4] - 1:8, 5:4, 27:6, 27:11
idea [1] - 29:18identify [3] - 7:9,
7:24, 21:15II [1] - 2:12III [1] - 2:11immediate [1] -
12:10immediately [1] -
27:10impact [3] - 14:15,
15:17, 16:1impacts [1] - 16:23impaired [2] - 25:3,
32:22impairments [1] -
35:17impartially [1] - 4:13implementation [4] -
33:13, 42:11, 43:16, 43:22
implemented [1] -
42:8implies [1] - 15:9important [8] - 8:5,
8:8, 22:9, 27:25, 30:5, 35:17, 37:17, 43:13
include [3] - 11:24, 23:11, 42:12
included [5] - 5:13, 17:22, 24:21, 27:15, 29:12
includes [2] - 28:6, 42:15
including [2] - 38:15, 42:1
incorporate [1] - 24:4
increase [2] - 16:13, 40:17
increases [4] - 16:13, 16:14, 16:16, 21:17
independent [1] - 4:4
indicated [3] - 8:25, 15:16, 23:7
individuals [2] - 21:16, 40:16
influence [1] - 16:17information [8] -
5:12, 5:17, 6:20, 14:9, 14:11, 17:10, 21:1, 37:13
informed [1] - 10:7initial [1] - 9:11injuring [1] - 34:13Instead [1] - 9:14instrumented [1] -
19:6intend [1] - 13:12intensity [2] - 29:1,
29:6interest [1] - 7:9interested [1] - 5:3interrupt [2] - 8:15,
13:15introduce [3] - 12:4,
12:8, 16:19introduced [2] -
6:13, 10:25introduction [2] -
13:13, 13:25invertebrate [3] -
21:24, 22:5, 36:12invertebrates [6] -
16:5, 17:12, 23:24, 39:23, 40:2, 41:7
investigation [1] - 38:4
Iowa [1] - 28:8issued [1] - 10:13
issues [2] - 5:18, 6:9
J
JAMES [1] - 1:17James [1] - 1:22January [5] - 1:25,
4:17, 9:6, 44:24, 45:14
JANUARY [1] - 1:18JEAN [4] - 2:4,
10:20, 10:25, 13:4Jean [2] - 3:8, 11:1Jim [1] - 4:2JUDGE [1] - 1:17Judge [3] - 1:22, 4:2,
7:17July [1] - 19:15June [4] - 31:6,
31:10, 43:18June-through-
August [1] - 43:18
K
Keep [1] - 20:21key [1] - 5:18kills [1] - 28:12kind [8] - 19:7, 21:9,
21:10, 37:22, 38:1, 40:13, 41:25, 43:8
kinds [2] - 36:3, 40:2known [1] - 22:11
L
lab [1] - 35:4laboratory [1] - 35:2LaFave [3] - 1:17,
1:22, 4:2Lafayette [2] - 1:22,
2:6Lake [13] - 14:3,
14:17, 27:17, 28:5, 28:6, 28:10, 29:15, 29:24, 30:2, 32:10, 32:18, 42:15
lake [6] - 14:20, 15:18, 32:6, 32:19, 32:21, 33:18
Lakes [1] - 4:21lakes [5] - 22:12,
31:15, 32:3, 43:9land [2] - 22:14,
22:15landscape [2] -
36:21, 37:19landscaped [1] -
KIRBY A. KENNEDY & ASSOCIATES( 952 ) 922 - 1955
4
36:3Language [1] - 1:13language [2] - 26:24,
26:25large [4] - 17:5,
19:16, 19:22, 38:19largely [1] - 26:16larger [2] - 4:14, 18:5last [1] - 42:12late [1] - 19:15law [1] - 4:8Law [3] - 1:21, 4:2,
7:17least [3] - 31:19,
38:4, 43:20leave [1] - 8:21leeway [1] - 6:4left [6] - 19:12, 21:9,
22:1, 23:17, 28:3, 37:7
legal [6] - 5:19, 5:21, 5:22, 9:24, 11:15, 11:21
legislative [1] - 7:12legislature [1] - 5:11Legislature [1] - 4:10leisure [1] - 10:15less [3] - 18:12,
26:20, 29:8level [2] - 20:13levels [2] - 26:15,
35:19life [1] - 20:11light [1] - 43:12line [2] - 14:22, 18:15lined [1] - 39:21lines [5] - 14:25,
23:15, 37:1, 40:22, 40:24
linkage [2] - 16:3, 16:8
linkages [2] - 16:9, 16:24
liter [12] - 18:22, 18:23, 19:2, 19:18, 19:20, 20:2, 20:3, 20:10, 28:24, 29:5, 29:6, 30:8
literature [8] - 24:3, 26:16, 26:17, 26:18, 37:16, 37:17, 37:20, 37:21
live [2] - 16:6, 16:7loads [3] - 34:12,
35:16, 35:18local [1] - 7:12located [1] - 7:1location [1] - 14:24locations [1] - 4:20log [2] - 18:3, 18:4
long-standing [1] - 14:13
longstanding [1] - 39:18
look [5] - 24:1, 25:20, 28:10, 40:1, 44:5
looked [7] - 36:9, 36:14, 37:24, 38:20, 39:19, 40:10, 41:8
looking [6] - 23:23, 36:11, 36:20, 36:22, 37:3, 37:11
loss [1] - 26:22loud [1] - 8:9low [4] - 19:1, 19:2,
19:24, 19:25lower [5] - 19:12,
23:17, 25:23, 42:14, 43:1
lump [1] - 39:16
M
main [2] - 39:2, 43:6maintain [1] - 28:16maintaining [1] -
43:9Map [1] - 12:3map [3] - 22:21,
22:24, 40:25mapped [1] - 22:16maps [1] - 23:11Marshall [3] - 4:21,
13:4, 13:5match [3] - 31:22,
31:24mats [1] - 15:24matter [2] - 4:22, 8:2maximum [2] -
16:20, 35:18mean [1] - 39:9meaning [1] - 25:25means [1] - 30:25measured [1] - 39:25measurement [3] -
35:1, 35:2, 35:9measurements [2] -
17:13, 19:10measuring [2] -
31:24, 35:5mechanistic [1] -
28:19medium [1] - 17:4meet [10] - 24:15,
29:21, 29:24, 30:1, 31:25, 32:23, 32:25, 33:4, 33:15, 33:20
meeting [2] - 7:12,
20:20MEMBERS [1] - 2:9members [4] - 4:12,
6:8, 6:22mention [1] - 19:4met [2] - 9:20, 43:19metabolism [1] -
16:15meter [1] - 26:20meters [2] - 35:8,
35:11methodology [1] -
35:5methods [1] - 35:11metrics [6] - 36:14,
39:22, 39:23, 40:9, 41:5, 41:10
micrograms [7] - 18:21, 18:23, 19:2, 28:24, 29:6, 30:8
microphone [1] - 10:21
might [3] - 22:24, 35:9, 38:10
Might [1] - 12:20milligrams [7] -
19:18, 19:20, 20:1, 20:3, 20:10, 26:19, 29:5
minimizing [1] - 28:17
minimum [5] - 16:21, 24:16, 24:17, 24:20, 30:22
MINNESOTA [5] - 1:2, 1:5, 2:5, 3:4, 45:1
Minnesota [23] - 1:10, 1:11, 1:23, 2:7, 4:4, 4:11, 4:18, 5:1, 5:7, 5:15, 5:19, 9:12, 11:2, 11:4, 11:16, 15:22, 17:8, 19:1, 22:11, 29:15, 29:23, 32:24, 34:2
minor [2] - 4:25, 11:24
Minor [1] - 1:13minus [1] - 16:21miss [1] - 13:8Mississippi [12] -
14:4, 14:18, 17:6, 22:25, 23:8, 27:16, 29:13, 29:22, 42:14, 43:1, 43:14, 43:25
model [3] - 16:10, 28:19, 28:21
modeling [4] - 29:2, 29:19, 29:20, 33:14
moment [4] - 5:9, 13:16, 16:22, 17:14
moments [2] - 13:12, 13:25
monitor [2] - 24:17, 32:4
monitored [1] - 31:18
Monitoring [1] - 17:17
monitoring [2] - 37:25, 43:20
Monson [2] - 12:13, 34:1
MONSON [4] - 2:12, 33:25, 39:11, 44:3
Monson.............................. [1] - 3:10
morning [2] - 11:1, 11:7
most [5] - 6:6, 6:20, 22:23, 37:25, 41:6
Most [1] - 37:25move [4] - 12:15,
23:20, 23:22, 27:20moved [1] - 10:22moving [3] - 20:2,
22:22, 32:7MPCA [6] - 2:3, 2:9,
2:14, 5:23, 12:4, 22:19
MS [1] - 2:4multiple [2] - 23:15,
36:25must [3] - 7:3, 8:10,
31:7mute [2] - 14:21Mute [1] - 14:25muted [1] - 15:4
N
name [6] - 4:1, 7:8, 10:4, 11:1, 25:5, 33:25
namely [2] - 5:18, 9:21
names [1] - 8:12NANKIVEL [1] - 2:10narrative [2] - 26:24natural [1] - 22:15navigational [2] -
14:4, 27:17Navigational [2] -
14:18, 27:16near [1] - 18:14necessarily [2] -
38:12, 39:16necessary [1] - 9:23necessity [1] - 43:9need [18] - 6:9, 7:20,
9:25, 12:2, 14:12, 15:16, 16:9, 28:1, 28:10, 31:11, 32:4, 33:3, 33:4, 33:16, 34:6, 35:19, 43:9
Need [1] - 11:14needed [2] - 6:1,
11:18needs [3] - 24:21,
32:23, 43:19never [1] - 20:3new [2] - 11:25,
35:21next [3] - 13:12,
13:25, 22:22nice [1] - 24:22NO [1] - 1:7non [4] - 18:6, 18:10,
18:16, 34:16non-quantifiable [1]
- 34:16non-wadeable [3] -
18:6, 18:10, 18:16North [2] - 1:22, 2:6north [2] - 24:9,
30:15northern [3] - 23:1,
23:8, 25:10Northern [1] - 18:25Notary [1] - 1:24noted [1] - 21:13notes [1] - 45:10notice [1] - 10:6noticed [1] - 44:12noxious [1] - 27:1nuisance [1] - 28:25number [4] - 6:24,
9:3, 20:7, 28:23Number [5] - 1:8,
4:18, 5:2, 5:4, 9:2numbers [3] - 24:13,
34:20, 38:15numeric [5] - 24:6,
26:7, 26:9, 26:23, 27:8
nutrient [23] - 14:14, 15:10, 15:12, 15:14, 15:20, 15:23, 18:21, 22:2, 22:19, 22:20, 23:10, 24:6, 27:2, 27:9, 29:14, 35:23, 36:5, 36:16, 39:1, 39:16, 41:14
Nutrient [1] - 12:3nutrient-enriched
[1] - 22:2nutrient-rich [2] -
15:23, 18:21nutrients [2] - 17:10,
18:19KIRBY A. KENNEDY & ASSOCIATES
( 952 ) 922 - 1955
5
O
OAH [2] - 1:7, 5:2observations [3] -
24:21, 30:24, 31:20obtain [1] - 10:7obvious [2] - 15:21,
15:25occur [1] - 37:25occurs [1] - 10:12OF [4] - 1:2, 1:3,
45:1, 45:2offense [1] - 8:17offer [1] - 18:20OFFICE [1] - 1:3Office [2] - 4:3, 5:7office [6] - 4:4, 4:7,
4:19, 8:24, 9:2, 23:1often [1] - 15:13once [2] - 33:12,
44:15one [16] - 5:9, 7:11,
8:14, 10:4, 22:22, 25:1, 25:14, 30:19, 31:8, 33:6, 34:20, 39:16, 42:23, 44:12, 44:13, 44:14
One [3] - 15:7, 17:25, 42:12
one's [1] - 26:3ones [1] - 43:5open [1] - 38:1opportunity [4] -
6:18, 7:13, 9:10, 9:14order [2] - 5:22, 6:23organisms [1] -
34:13outlined [1] - 36:4outlines [1] - 38:24outright [1] - 34:11outside [3] - 15:2,
28:4, 33:6over-enrichment [3]
- 15:10, 15:12, 15:21oversimplification
[1] - 33:11overview [1] - 12:23own [3] - 7:21, 29:16oxygen [13] - 16:16,
16:18, 16:20, 17:13, 19:5, 19:16, 19:21, 20:4, 20:6, 20:12, 20:15, 24:12
P
P.M [1] - 1:19p.m [5] - 1:25, 4:16,
9:5, 9:8, 44:23PAGE [1] - 3:6pages [1] - 45:9Panel [2] - 7:16, 7:17panel [3] - 6:8, 6:12,
23:16PANEL [1] - 2:9part [7] - 4:14, 5:14,
10:14, 13:7, 37:3, 37:25, 43:25
Part [1] - 34:25participants [2] -
4:9, 7:14participating [1] -
4:6particular [3] - 7:24,
22:6, 32:8parts [1] - 18:23passes [1] - 9:18patterns [4] - 22:12,
22:13, 25:15, 36:21Paul [4] - 1:23, 2:7,
4:19, 15:3PCA [1] - 12:6People [1] - 27:23people [2] - 6:24,
13:5Pepin [8] - 14:3,
14:17, 27:17, 28:6, 28:10, 29:11, 30:2, 42:15
per [16] - 18:12, 18:22, 18:23, 18:24, 19:2, 19:18, 19:20, 20:2, 20:3, 20:10, 26:4, 26:19, 28:24, 29:5, 29:6, 30:8
percent [6] - 21:16, 25:19, 25:25, 26:2, 40:16, 42:9
percentile [5] - 25:23, 25:24, 38:7, 38:16, 41:9
perhaps [2] - 10:21, 22:23
period [10] - 9:8, 9:10, 9:14, 9:17, 31:21, 37:12, 38:2, 42:10, 43:18, 43:20
periphyton [2] - 26:10, 27:13
Periphyton [1] - 26:10
person [1] - 8:14persons [1] - 7:18perspective [1] -
25:4Phil [1] - 34:1PHILIP [4] - 2:12,
33:25, 39:11, 44:3
Philip [2] - 3:10, 12:13
phosphorus [32] - 14:16, 15:14, 15:17, 16:1, 16:3, 16:12, 18:1, 18:2, 18:3, 18:13, 19:1, 19:14, 19:25, 21:4, 21:17, 22:3, 24:10, 24:25, 25:7, 25:11, 25:20, 25:25, 26:6, 28:22, 29:3, 29:11, 30:8, 30:14, 31:23, 32:11, 33:17
phosphorus-enriched [1] - 22:3
physical [1] - 34:9pick [1] - 5:9picking [1] - 22:5picture [1] - 12:21pictures [2] - 26:15,
27:23piece [2] - 42:12,
43:15pieces [1] - 34:21Pipestone [1] - 15:22place [7] - 7:4, 17:3,
24:25, 27:22, 31:7, 36:5, 42:23
plants [2] - 15:11, 43:13
pleased [1] - 12:22plotting [1] - 23:19plus [3] - 30:18,
32:11, 32:12point [15] - 7:22,
12:15, 21:20, 23:4, 23:6, 23:25, 29:5, 37:9, 39:2, 39:21, 40:12, 40:18, 40:19, 41:3, 44:12
pointing [3] - 18:14, 21:25, 22:24
points [7] - 7:20, 7:23, 8:17, 21:2, 38:4, 38:5, 40:8
polluted [1] - 26:21POLLUTION [3] -
1:5, 2:5, 3:4Pollution [9] - 1:10,
4:4, 4:18, 4:23, 5:19, 11:2, 11:4, 11:16, 34:2
Pool [5] - 28:4, 28:6, 28:14, 30:4, 43:1
Pools [3] - 14:18, 27:16, 42:14
pools [5] - 14:4, 27:17, 28:7, 29:11, 30:2
portion [3] - 10:1, 11:18, 23:6
possible [1] - 5:24potential [2] - 22:14,
35:13potentially [2] -
25:19, 43:12preceding [1] - 45:9preferable [1] - 20:6prepare [1] - 9:19present [3] - 7:18,
12:11, 12:13presentation [5] -
6:17, 10:18, 12:5, 12:16, 15:9
presentations [1] - 6:5
PRESENTATIONS
[1] - 3:4presented [1] - 24:13pretty [6] - 33:8,
33:9, 34:8, 37:10, 37:20, 43:10
previous [1] - 6:13procedural [4] -
4:15, 5:22, 9:24, 11:22
Procedure [1] - 5:16procedure [1] - 6:12Procedures [1] - 5:8procedures [2] -
5:10, 10:17proceed [2] - 12:19,
13:22proceedings [1] -
45:11process [11] - 5:14,
10:9, 10:12, 10:14, 17:19, 21:14, 23:11, 27:6, 27:11, 33:1, 44:18
produce [2] - 18:12, 18:18
Professional [1] - 1:24
Program [1] - 17:17promulgate [1] -
5:23promulgated [1] -
30:7proper [1] - 8:12proportion [1] -
25:13proposed [18] - 4:22,
5:20, 6:1, 10:1, 11:17, 11:25, 12:11, 12:13, 12:24, 13:13, 14:1, 25:21, 29:11, 34:4, 34:23, 35:15, 35:22, 36:7
Proposed [2] - 1:11, 11:18
proposing [3] - 4:5, 28:16, 42:24
protect [2] - 28:1, 30:1
protection [2] - 34:6, 43:6
protective [1] - 41:11protects [1] - 26:20provide [5] - 4:8,
13:13, 13:25, 25:4, 41:6
provided [1] - 14:11provides [2] - 25:17,
36:21providing [1] - 41:10Public [1] - 1:24public [6] - 4:13,
4:21, 6:8, 6:22, 44:7, 44:13
pull [2] - 40:4, 42:20pulled [3] - 23:14,
39:3, 41:15purpose [2] - 5:16,
23:9purposes [2] - 11:13,
29:17put [6] - 10:4, 19:7,
24:2, 27:21, 36:5
Q
QR [1] - 39:20qualify [1] - 31:10Quality [1] - 1:11quality [22] - 4:24,
12:11, 12:14, 12:24, 13:14, 14:1, 19:21, 19:23, 20:10, 22:13, 25:2, 28:15, 34:5, 34:24, 37:2, 41:22, 41:23, 42:2, 42:6, 43:5, 43:10
quantifiable [2] - 34:16, 35:14
quantile [6] - 21:9, 23:24, 37:8, 39:20, 40:11, 40:18
quantitative [1] - 35:1
questioned [1] - 7:16questions [9] - 6:21,
7:14, 7:15, 7:21, 10:16, 12:7, 12:9, 12:17, 12:18
quick [1] - 13:17Quickly [1] - 32:17quite [5] - 15:21,
KIRBY A. KENNEDY & ASSOCIATES( 952 ) 922 - 1955
6
17:5, 26:2, 37:20
R
Rather [1] - 27:10rationale [1] - 36:18Re [1] - 1:9reach [2] - 25:3, 43:1reaches [2] - 25:19,
27:4read [1] - 10:14reading [1] - 32:11real [3] - 13:17,
21:25, 36:15Really [1] - 37:24really [11] - 13:7,
36:4, 36:11, 36:18, 36:21, 36:24, 37:12, 40:12, 40:18, 41:2, 41:20
reason [2] - 33:20, 38:7
reasonable [4] - 6:2, 11:19, 35:25, 43:23
reasonableness [2] - 10:1, 12:2
Reasonableness [1] - 11:15
reasonably [1] - 26:5rebuttal [2] - 9:8,
9:13receive [1] - 5:17recent [1] - 28:13recess [4] - 13:19,
13:20, 44:7, 44:9recognition [1] -
41:21recognize [1] - 36:1recognized [5] -
36:1, 38:8, 38:10, 39:15, 41:5
recommend [2] - 15:13, 24:6
recommended [2] - 21:3, 21:20
recommends [1] - 22:18
record [11] - 6:15, 6:24, 7:25, 8:6, 8:11, 8:18, 10:10, 11:7, 13:22, 37:13, 44:11
recreational [1] - 28:16
red [5] - 18:6, 25:10, 28:3, 41:13
Red [3] - 39:2, 39:5, 39:13
reduce [1] - 29:1reduced [1] - 33:15
reductions [1] - 27:9reference [8] - 9:2,
14:7, 24:2, 37:11, 37:23, 38:14, 38:22, 42:1
reference-stream [1] - 37:23
referred [1] - 21:21reflect [1] - 40:12reflection [1] - 26:5regarding [1] - 41:4Region [1] - 12:3region [7] - 22:22,
24:9, 26:4, 29:14, 30:15, 39:7
regional [7] - 22:12, 22:18, 24:2, 25:15, 36:2, 36:20, 37:11
regions [14] - 13:16, 22:20, 23:10, 25:8, 26:6, 36:6, 36:16, 36:23, 38:22, 38:23, 39:1, 39:17, 39:24, 41:14
Regions [1] - 14:21register [3] - 7:1, 7:3,
7:5Registered [1] - 1:24registration [1] - 7:1regression [13] -
18:8, 18:9, 18:15, 21:9, 21:10, 21:21, 23:18, 23:25, 37:4, 37:8, 39:20, 40:11, 40:19
regression-tree [1] - 21:21
regulatory [1] - 4:14relate [3] - 21:3,
23:20, 23:22related [1] - 21:4relationship [1] -
18:1relationships [3] -
23:17, 33:19, 37:3relative [1] - 18:11relevant [2] - 5:21,
11:21remainder [1] -
42:25remarks [1] - 8:21remember [1] - 8:7remind [2] - 8:16,
44:19remote [3] - 13:2,
14:24report [5] - 6:9, 9:19,
10:3, 10:6, 10:13reported [1] - 1:23reporter [1] - 8:5
Reporter [2] - 1:24, 45:19
REPORTER'S [1] - 45:5
represent [3] - 7:9, 18:5, 28:25
representation [1] - 17:20
requested [1] - 6:25require [4] - 20:15,
27:4, 27:9, 30:22required [1] - 4:8requirement [1] -
14:13requirements [4] -
5:22, 9:24, 11:22, 24:16
research [1] - 34:1Research [3] - 2:11,
2:12, 2:13reservoirs [1] - 27:19resources [1] - 34:7respective [1] - 43:2respond [2] - 9:15,
18:14responding [2] -
15:15, 21:17responds [1] - 14:13Response [1] - 32:16response [5] - 15:20,
24:10, 25:1, 30:19, 32:13
responses [1] - 32:13
restart [2] - 13:17, 13:19
resulted [1] - 28:12results [7] - 15:11,
24:5, 28:21, 31:17, 31:21, 31:22, 32:5
review [5] - 6:19, 9:15, 24:3, 37:16, 37:21
reviewed [1] - 8:1revising [1] - 34:23Revisions [1] - 1:13Revisor's [2] - 1:8,
5:4rich [2] - 15:23,
18:21richness [1] - 21:24River [21] - 1:12,
12:2, 14:4, 14:18, 15:22, 17:6, 17:7, 18:21, 19:12, 22:25, 23:8, 27:16, 29:13, 29:15, 29:23, 39:2, 39:5, 39:13, 43:14, 43:25
river [26] - 4:24,
12:12, 14:2, 17:9, 18:21, 22:20, 23:2, 23:8, 23:9, 23:10, 25:3, 25:19, 26:3, 27:4, 27:14, 27:20, 27:21, 31:1, 31:18, 35:23, 36:5, 36:16, 39:1, 39:16, 41:14
river-nutrient [2] - 36:5, 41:14
rivers [13] - 14:16, 16:1, 17:5, 17:7, 22:21, 24:15, 24:17, 24:18, 26:9, 27:19, 38:19, 43:8
Road [2] - 1:22, 2:6robust [2] - 24:22,
26:5Rochester [1] - 4:21role [3] - 4:7, 41:18room [4] - 11:9, 15:2,
15:3Room [1] - 4:18RPR [1] - 45:18rule [4] - 4:23, 7:11,
7:24, 11:3Rule [3] - 5:1, 5:8,
11:18Rulemaking [1] -
44:25rulemaking [5] -
4:11, 5:25, 42:13, 42:18, 42:21
rules [10] - 4:5, 4:22, 5:15, 5:20, 5:23, 6:1, 10:2, 11:14, 11:17, 34:14
Rules [2] - 1:11, 2:10Rum [1] - 17:7
S
sample [3] - 31:9, 35:3
sampled [1] - 31:1samples [2] - 31:16,
38:9sampling [1] - 31:7saw [2] - 36:15,
40:10schedule [1] - 43:22science [1] - 43:23Scientist [3] - 2:11,
2:12, 2:13scientist [1] - 34:1score [1] - 18:9seasonal [1] - 37:24second [2] - 9:10,
9:18
Secondly [2] - 14:15, 25:17
sections [2] - 7:24, 7:25
see [28] - 10:5, 13:16, 15:21, 15:24, 18:4, 18:11, 18:13, 19:14, 19:16, 19:19, 19:25, 21:1, 21:12, 21:24, 22:3, 22:25, 23:19, 24:15, 27:23, 28:13, 31:25, 37:6, 39:22, 40:6, 40:13, 40:15, 41:12, 43:1
seeing [2] - 22:4, 37:4
seek [1] - 28:16seeking [1] - 21:22seem [1] - 39:15selected [2] - 38:6,
39:8sense [1] - 23:21sensitive [4] - 21:16,
40:16, 41:6, 41:10separate [3] - 41:16,
41:18, 42:20separated [1] - 38:20separately [1] -
38:20September [4] -
31:6, 38:1, 42:10, 43:19
serve [1] - 11:12set [3] - 4:14, 5:10,
34:20sets [1] - 20:25setting [1] - 35:18several [1] - 22:17severe [4] - 28:11,
28:12, 28:14, 28:25shallower [1] - 18:7share [2] - 6:3, 12:23sheet [1] - 44:11shift [1] - 23:7show [1] - 26:15showed [2] - 36:25,
40:11showing [1] - 41:25shown [1] - 40:25side [1] - 10:23sign [3] - 6:25, 7:3,
10:5sign-in [1] - 10:5significant [2] - 18:9,
21:15signup [1] - 44:11siltier [1] - 39:14similar [6] - 7:11,
15:18, 32:4, 36:24, 40:10, 41:17
KIRBY A. KENNEDY & ASSOCIATES( 952 ) 922 - 1955
7
simply [2] - 6:6, 41:2site [9] - 14:3, 14:17,
27:12, 27:15, 28:8, 42:13, 42:17, 42:22, 42:25
site-specific [8] - 14:3, 14:17, 27:15, 28:8, 42:13, 42:17, 42:22, 42:25
Sites [1] - 38:3sites [13] - 13:2,
17:9, 17:18, 18:10, 18:12, 19:6, 25:13, 26:3, 26:4, 38:5, 38:18
sitting [1] - 22:25six [3] - 24:21, 30:23,
31:1sizes [1] - 17:20slide [5] - 36:17,
36:24, 37:8, 40:10, 41:25
Slide [2] - 30:13, 32:8
slowly [1] - 8:9small [1] - 20:1smaller [1] - 17:21smothering [2] -
34:10smothers [2] - 43:12soil [2] - 22:14, 36:4solid [3] - 40:22,
42:6, 43:24solids [22] - 4:25,
12:14, 14:5, 14:8, 32:2, 34:5, 34:7, 34:9, 34:24, 35:2, 35:6, 35:21, 35:23, 36:8, 36:12, 37:19, 38:21, 40:1, 40:15, 40:17, 43:3, 43:11
Solids [1] - 1:13SONAR [2] - 14:7,
23:11sophisticated [1] -
23:22sorry [1] - 43:19Sorry [1] - 13:9sort [1] - 39:4sound [1] - 36:22south [2] - 24:9, 26:1southern [2] - 25:11,
29:14SPEAKER [3] - 3:6,
15:1, 15:6speaker [2] - 7:15,
8:15speakers [1] - 8:7speaking [1] - 7:7special [1] - 39:3
specific [11] - 7:23, 12:7, 14:3, 14:7, 14:17, 27:15, 28:8, 42:13, 42:17, 42:22, 42:25
specifically [1] - 4:10
spell [2] - 7:8, 8:12spelling [1] - 8:16spoken [1] - 8:10spread [1] - 24:22Spring [1] - 28:5square [1] - 26:19St [10] - 1:23, 2:7,
4:19, 15:3, 23:4, 29:16, 29:24, 32:10, 32:18
STAFF [1] - 2:4staff [4] - 11:1, 12:4,
12:6, 22:25stakeholders [1] -
15:15standard [21] -
15:14, 19:21, 19:23, 20:4, 20:11, 25:20, 25:22, 29:17, 29:25, 30:8, 32:23, 34:5, 34:15, 34:24, 35:15, 36:8, 37:2, 42:6, 42:17, 42:22, 42:25
standard's [2] - 20:16, 25:2
standards [37] - 4:24, 12:1, 12:12, 12:14, 12:24, 13:14, 14:1, 14:2, 14:3, 14:5, 14:12, 14:14, 14:17, 14:20, 15:19, 20:20, 22:19, 24:16, 26:8, 27:14, 27:15, 28:8, 28:15, 29:10, 29:12, 29:21, 30:1, 31:25, 32:6, 32:19, 33:5, 33:19, 34:3, 42:3, 42:13, 43:5, 43:24
Standards [2] - 1:12, 1:13
standing [1] - 14:13start [3] - 22:3,
23:16, 23:21starts [1] - 17:24state [9] - 7:7, 7:21,
34:21, 35:24, 36:2, 36:6, 36:17, 36:23, 41:23
STATE [2] - 1:2, 45:1State [4] - 1:11, 4:3,
5:7, 30:5state-wide [1] -
34:21
Statement [1] - 11:14
statements [2] - 6:22, 8:10
states [2] - 9:12, 14:14
statewide [1] - 41:19statistic [3] - 21:14,
22:5, 22:8statistical [6] - 17:1,
21:3, 21:8, 40:4, 40:19, 41:1
statistics [1] - 22:9Statute [2] - 4:11,
9:12statutory [1] - 9:22staying [1] - 20:12stays [1] - 20:17stem [1] - 39:3stenograph [1] -
45:10Steve [10] - 12:10,
13:15, 35:24, 36:4, 36:17, 36:25, 37:9, 40:10, 42:16, 43:7
STEVEN [20] - 2:11, 12:20, 13:11, 13:23, 14:25, 15:7, 20:8, 20:19, 20:23, 30:16, 30:20, 30:25, 31:4, 31:12, 32:14, 32:17, 32:21, 33:8, 33:12, 33:24
Steven [1] - 3:9storm [1] - 38:11straightforward [1] -
22:23stream [6] - 16:6,
17:20, 19:9, 26:11, 37:23, 38:18
streams [16] - 14:16, 15:17, 17:21, 18:6, 18:7, 18:17, 20:9, 20:14, 22:12, 25:10, 25:11, 41:15, 41:19, 41:21, 41:22, 41:23
streams' [1] - 26:20stressor [2] - 27:6,
27:11strong [3] - 17:25,
36:8, 36:20studies [1] - 17:3stuff [2] - 23:19,
26:14submerged [2] -
43:7, 43:10submit [5] - 7:2,
8:23, 9:6, 9:11, 44:19submitted [4] - 6:14,
8:24, 9:13, 9:15
submitting [1] - 9:1subsequently [1] -
16:25subtle [1] - 16:2suggests [1] - 26:18summarize [1] - 24:5summary [2] - 11:8,
41:25Summer [1] - 31:6summer [7] - 19:15,
24:14, 24:20, 28:11, 30:22, 30:24, 43:17
summers [6] - 24:18, 24:20, 24:23, 31:19, 32:5, 43:20
support [3] - 12:1, 20:14, 27:22
Supporting [1] - 1:13surface [1] - 15:24suspend [1] - 19:8suspended [26] -
4:25, 12:14, 14:5, 14:8, 16:13, 17:10, 18:1, 24:11, 32:1, 34:4, 34:7, 34:23, 35:1, 35:6, 35:21, 35:23, 36:8, 36:12, 37:19, 38:21, 39:25, 40:15, 40:17, 42:6, 43:3, 43:24
Suspended [3] - 1:12, 34:8, 43:11
swimming [1] - 27:25
system [7] - 18:19, 18:25, 19:3, 19:14, 19:19, 19:23, 19:24
systems [5] - 15:23, 16:12, 18:16, 29:9, 29:20
T
table [8] - 5:6, 5:10, 7:1, 7:6, 10:5, 38:24, 39:21, 41:13
tables [1] - 41:25taxa [2] - 21:24, 22:5technical [1] - 8:12TECHNICIAN [1] -
13:15technicians [1] -
35:12technique [2] -
21:19, 21:20tend [1] - 39:6term [6] - 16:19,
16:21, 18:2, 18:22, 20:1, 25:18
terms [13] - 8:13, 15:8, 34:11, 34:19, 35:17, 36:2, 36:19, 37:1, 38:14, 39:12, 40:21, 42:11
testimony [1] - 44:7THE [30] - 1:4, 2:3,
4:1, 10:11, 10:23, 12:18, 12:25, 13:6, 13:18, 13:21, 14:23, 15:5, 20:5, 20:18, 20:21, 30:12, 30:17, 30:21, 31:2, 31:8, 32:7, 32:16, 32:20, 33:6, 33:10, 33:22, 39:9, 44:2, 44:4, 44:10
themselves [1] - 12:8
therefore [1] - 8:6thirdly [1] - 14:19three [5] - 5:18, 6:9,
11:12, 24:10, 25:7threshold [2] - 22:8,
23:23thresholds [3] -
21:11, 21:23, 22:10throughout [2] -
15:8, 17:7timeframe [1] - 31:3TMDL [1] - 33:15today [9] - 4:6, 6:4,
6:13, 7:3, 7:25, 9:4, 12:6, 12:23, 24:7
Today [1] - 34:3today's [1] - 6:10together [5] - 17:23,
23:14, 24:5, 29:20, 40:5
took [3] - 17:3, 30:7, 38:6
topic [1] - 26:17total [17] - 4:25,
12:14, 14:5, 17:8, 30:14, 32:1, 34:4, 34:23, 35:6, 35:18, 35:21, 35:22, 36:7, 36:12, 38:21, 42:6, 43:3
Total [1] - 1:12touch [1] - 5:12towards [1] - 41:9TP [1] - 18:24Training [1] - 4:17training [2] - 15:1,
15:3transcribed [1] - 8:4transcript [3] - 45:8,
45:9, 45:11transitional [1] -
KIRBY A. KENNEDY & ASSOCIATES( 952 ) 922 - 1955
8
27:17translator [4] - 26:9,
26:23, 27:2, 27:8treated [1] - 4:13tree [1] - 21:21trial [1] - 7:15triangles [1] - 18:6tributaries [1] -
38:19tried [1] - 17:7trout [3] - 41:15,
41:19, 41:21true [2] - 27:19,
45:10truly [1] - 27:18trying [3] - 23:19,
40:21, 41:20TSS [1] - 35:15Tuesday [1] - 9:6turbidity [3] - 34:15,
35:8, 41:19twice [1] - 44:15Twin [2] - 29:22,
29:24two [13] - 12:1, 12:4,
18:20, 19:11, 21:8, 24:18, 24:20, 30:22, 31:10, 31:19, 37:4, 37:5, 40:24
type [1] - 22:14types [2] - 36:4,
41:10typically [1] - 41:22
U
ultimately [1] - 16:23under [2] - 5:15, 5:18underlying [1] -
22:20underway [1] - 32:25unit [2] - 18:12, 34:3unitless [1] - 34:17unless [1] - 12:16up [18] - 5:9, 7:6,
13:9, 14:5, 18:20, 20:2, 22:6, 23:19, 25:22, 26:12, 27:20, 35:18, 37:7, 38:6, 38:16, 39:21, 42:5
Upper [1] - 28:3upper [6] - 19:12,
21:12, 22:1, 37:7upper-left [1] - 37:7USEPA [1] - 14:13uses [3] - 26:20,
26:22, 27:23
V
valid [1] - 24:24valuable [1] - 41:21value [4] - 34:21,
35:6, 38:21, 41:19values [5] - 25:7,
38:16, 38:25, 41:11, 43:2
variability [1] - 40:24variable [1] - 24:10variables [4] - 25:1,
37:5, 40:20, 40:23variety [9] - 17:24,
27:22, 35:10, 35:11, 36:13, 38:9, 39:22, 40:9
various [2] - 16:9, 17:8
vegetation [3] - 22:15, 43:7, 43:10
versus [2] - 23:8, 42:20
video [1] - 13:19videoconference [1]
- 4:20views [1] - 7:21violate [2] - 30:18violated [1] - 25:2violating [1] - 19:22violation [2] - 30:13,
32:9
W
wadeable [5] - 18:6, 18:7, 18:10, 18:11, 18:16
wants [2] - 14:9, 44:13
Water [1] - 1:11water [27] - 4:24,
12:11, 12:13, 12:24, 13:14, 14:1, 19:21, 19:23, 20:10, 20:14, 22:13, 23:4, 25:2, 26:13, 27:18, 27:25, 28:15, 34:5, 34:24, 35:3, 37:2, 38:1, 39:13, 42:2, 42:6, 43:5
water-quality [3] - 42:2, 42:6, 43:5
waters [5] - 15:10, 30:4, 30:11, 41:15
watershed [3] - 33:17, 36:3, 39:12
watersheds [1] -
KIRBY A. KENNEDY & ASSOCIATES( 952 ) 922 - 1955
9
23:5Watonwan [1] -
15:22ways [1] - 40:1website [1] - 11:11Wednesday [1] -
44:24weighing [1] - 41:9welcome [1] - 44:3whole [1] - 22:6wide [1] - 34:21WILL [1] - 2:13Wisconsin [2] - 30:5,
32:24wish [3] - 7:2, 7:3,
7:20writing [1] - 8:23written [4] - 7:2,
8:20, 9:6, 44:19
Y
year [1] - 31:11years [4] - 17:4,
28:13, 37:13, 38:8