Summary of some of CRC’s Positions on the MassDEP 401 Certificate

Feb 18,2025

First and foremost, CRC would like to make it clear that the 401 draft, as it stands, does not uphold State Water Quality Standards. DEP needs to improve the certificate conditions to meet water quality standards or deny the certificate.

Water Quality Standards & Impairment: The portions of the Connecticut River both above and below Turners Falls Dam (TFD) are currently listed as impaired (not meeting state water quality standards) for various reasons, including dewatering, flow regime modification, and streamside alteration—impairments that are attributable in whole or in part to the operations of the FirstLight Projects. Mass DEP’s 401 draft does not meet its burden for showing how these portions of the river will move from “impaired” status to “attainment” status under the proposed renewed FERC license. 

Erosion above the Dam: The Turners Falls Impoundment (TFI) experiences significant fluctuations in river height due to the Northfield Mountain Pumped Storage facility (“NMPS”), leading to severe shoreline erosion. This 20-mile stretch of the Connecticut River, serving as the lower reservoir for the storage facility, suffers from erosion exacerbated by the facility’s operations, which vary the water level by up to five feet. Historical data and studies, including reports by the Army Corps and CRC hired expert, Dr. Evan Detheir, confirm that the pumping activities are a significant cause of the erosion. CRC appreciates that the 401 Draft Special Condition # 10 requires FirstLight to keep the river height between 178.5 and 185 ft. However, the Condition also includes discretionary events when FL is allowed to operate between 178.5-177.5 ft 30 times per year. Dropping to 177.5 is dangerous for boaters at Barton’s Cove (see CRC Comments to FERC submitted May 22, 2024) and also does not meet the designated use of the waters for recreation. 

Aquatic Life Uses (“ALUs”): For the mile-stretch of river below TFD to Station 1, the proposed minimum flows of 500 cubic feet per second (“cfs”) from July 1 – Nov. 15 each year are inadequate to protect and maintain ALUs, most notably impacting state and federally listed Shortnose Sturgeon, as well as sensitive macroinvertebrate populations. According to CRC’s expert, 500 cfs will allow for only 10% of maximum available habitat for macroinvertebrates, among other indicators of not supporting this use. CRC’s position is that a minimum flow of at least 1,400 cfs from July 1 through Nov. 15 is needed to protect ALUs as well as recreation, which is currently impaired in that section of the river. 

Rare Plant Species: Rather than base its proposed minimum flows on protecting the most sensitive ALUs, MassDEP is basing its proposed minimum flows on two non-aquatic, rare plant species that would not exist in mile stretch below TFD except for the years of impairment due to dewatering. Additionally, DEP did not include any scientific evidence or classification tool for how these plants are considered aquatic. Further, DEP fails to include any information about whether the plants can be transplanted to another location or if that option has even been evaluated. DEP and other state agencies, such as the Natural Heritage Endangered Species Program (NHESP), must make more information available to allow the public to make informed comments about the plants and for DEP to adequately consider their relevance, if any, to FirstLight’s 401 Application.

Shortnose Sturgeon: The new eDNA data released in August 2024 that shortnose sturgeon are present above Turners Falls Dam must be taken into consideration for the 401 WQC. This federally endangered fish must be protected and the new found research is timely as the 401 draft has yet to be published.This crucial piece of information must not be left unattended to. One example is for the Barrier Net – no scientific studies of the efficacy of the Barrier Net for sturgeon have been completed. 

Recreation Below the Dam: CRC opposes FirstLight’s proposed minimum flow of 500 cfs below TFD because the low flows negatively impact recreational activities, violating both state WQS and federal obligations. FirstLight’s own Boating Navigability Study showed that even a flow of 545 cfs was inadequate for safe boating navigation. Proposed portage trails are not a viable solution, as they alter the recreational experience and may exclude less able-bodied paddlers.  

Financial Assurances: CRC emphasizes the necessity for any 401 certification to include provisions mandating decommissioning plans and financial assurances from FirstLight for when the facilities are ready for retirement and removal. This measure is crucial to prevent further water quality degradation and ensure that Massachusetts taxpayers do not bear the financial burden of decommissioning. Given the inevitable end of these projects’ useful lives as energy producers, CRC stresses the importance of ensuring that funds for decommissioning are readily available. 

Cultural Resources: Maintaining higher river flows would protect culturally important sites on Rawson Island and Peskeomskut Island by impeding public foot access that may otherwise cause damage to cultural artifacts. CRC stresses the importance of considering Indigenous perspectives in the relicensing process, which previously have been overlooked by regulatory agencies and are still largely being dismissed by FirstLight. 

Aesthetics: According to Massachusetts WQS, Class B waters are designated not only for aquatic life uses and recreation but also for their aesthetic significance. Despite FirstLight’s acknowledgment that higher bypass flows would enhance the river’s visual and auditory appeal, the proposed 500 cfs flow is insufficient to restore the river’s natural aesthetic, leaving large portions of the riverbed exposed. This undermines the Connecticut River’s status as a vital natural resource and a nationally recognized Blueway, emphasizing the need for higher minimum flows, such as 1,400 cfs, to meet both ecological and aesthetic standards. 

Timeline for Fish Passage Installation: CRC opposes the proposed timeline for the Spillway Lift at TFD, arguing that the projected 9-year period for full implementation is excessive and will result in continuing and unnecessary harm to ALUs. Similar fish lifts in other river systems have been designed and constructed in much shorter time frames, typically ranging from 4 to 6.5 years. The design and construction of the lifts could feasibly be completed within a shorter duration, with few prospective unknowns that would justify the extended timeline proposed. Drawing comparisons to complex fish passage facilities on the Columbia River, CRC’s expert opines that a schedule of approximately 4–6.5 years for full implementation is more reasonable. 

Impingement/Entrainment at Northfield: At the Northfield Mountain Pumped Storage facility, fish entrainment and impingement occur when water is pumped from the river to the holding reservoir. FirstLight proposed installing a fish barrier net from June 1 to November 15 to mitigate these impacts, but CRC questions the net’s efficacy, as the velocity models FirstLight used did not accurately reflect real conditions, and only preliminary field testing was conducted, which occurred before the Flows and Fish Passage Settlement Agreement changed a few of the operational conditions. Studies show that the proposed net might not prevent fish impingement during pumping operations. CRC supports the barrier net, but we believe additional Adaptive Management Measures (AMMs) are needed if performance targets are not met in order to adequately protect ALUs. 

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You can reach the full CRC CT River Hydropower information HERE.