Nestlé Waters North America's Submittal of a Permit Application
Nestlé Waters North America submitted a permit application to the Michigan Department of Environmental Quality (MDEQ), Drinking Water and Municipal Assistance Division (DWMAD) in July 2016, in accordance with Section 17 of the Michigan Safe Drinking Water Act, 1976 PA 399, as amended. The Section 17 permit is required to produce bottled drinking water if the water is from a new or increased large-quantity withdrawal of more than 200,000 gallons of water per day from the waters of the state.
NEW - 2021 Information
Blue Triton Brands, formerly known as Nestle Waters North America, changed their water withdrawal assessment tool registration on September 28 and 29, 2021 to reduce the capacity to 288 gallons per minute (gpm), a level that a permit is not required under Section 17 of the Safe Drinking Water Act; thereby, canceling the registration for 400 gpm.
Proposed Monitoring Plan Received on April 12, 2019:
- White Pine Springs Aquatic Life and Aquatic Habitat Monitoring Plan and Quality Assurance Project Plan
- White Pine Springs Stream Flow and Hydrological Baseline and Groundwater
- White Pine Springs Wetland Monitoring Plan
The permit was approved on April 2, 2018.
- Approved Permit
- Background Briefing
- Water Law Explanation
- Recommendation Memo
- Op-Ed by MDEQ Director C. Heidi Grether: Nestle Permit the most extensive analysis of any water withdrawal in Michigan history
- Bridge Magazine News Article: Michigan isn't alone. Most states charge little for water bottlers like Nestlé
- Detroit Free Press Column by Nancy Kaffer: Nestlé's water pumping permit shows policy dilemma
- Nestlé Waters North America Final decision and order, contested case
- Administrative Law Judge's Proposal for Decision, contested case
The public comment period ended at 5 p.m. on Friday, April 21, 2017.
The MDEQ held a public information session on Wednesday, April 12, 2017, from 4:00 -6:00 p.m. followed by a public hearing beginning at 7:00 p.m. at:
Ferris State University
The University Center
805 Campus Drive
Big Rapids, MI 49307
Please take a moment to review this video and review the information that was prepared for the public event held on April 12, 2017.
- Video: Section 17 Permit Application Review
- Guide to Public Hearing and Information Session
- Nestlé Permit Overview
- 2015 Water Use Statistics
- What is a Section 17 Permit?
- Water Withdrawal Process in Michigan
- Overview of Water Withdrawal Assessment Tool
- Assessing Water Withdrawal Effects on Fish Communities and Stream Habitat
- Michigan State University Extension Bulletin on Water Withdrawal Assessment Tool
- Aquifer Dispute Resolution
The MDEQ reviews all comments; however, the number of comments received is not one of the factors considered in permit decisions. For this permit application process, comments providing a legal or scientific justification for denying, altering or approving the permit will be considered based on the regulatory decision framework outlined in Section 17.
See below for links to the application and other related documents.
The Michigan Department of Environmental Quality is an equal opportunity provider. Specific file properties have been modified for ADA compliance. All original files are available on the FTP site.
- DEQ Request to Nestlé for Additional Information 6-21-2017
- DEQ Request to Nestlé for Additional Information 2-14-2017
Nestlé Response to DEQ's June 2017 Request for Additional Information
- Addendum to the Assessment of Wetland Effects
- Big Rapids Annual and Daily Precipitation from NOAA 1951-2016 and Evart Annual
- Modeling and GIS data that cannot be posted here is available on the DEQ FTP Site until November 20, 2017. These files require specialized Groundwater Modeling and GIS software. After November 20, 2017, contact Matt Gamble (email@example.com)
- Pump Test Data 2001
- Response to Request No. 4
- Wetland Mapset
- Wetland Monitoring Long-term Data
- Wetland Monitoring Well Boring Logs
- Wetland Monitoring Well Construction Logs
- Wetland Monitoring Well Data
- Wetland Water Budgets
Nestlé Response to DEQ's February 2017 Request for Additional Information
- Appendix A - MDEQ
- Appendix B - Groundwater Model
- Modeling and GIS data that cannot be posted here can be made available on the DEQ FTP Site. These files require specialized Groundwater Modeling and GIS software. If you need access to these files, please contact Matt Gamble (firstname.lastname@example.org) to arrange accessing the information.
- Basic Data
- Appendix C - Streamflow Data
- Appendix D - Fish Macroinvertebrates Aquatic Habitat
- D1a - Fish
- D1b - Macroinvertebrates (These files require specialized Groundwater Modeling and GIS software. After November 20, 2017, contact Matt Gamble (email@example.com)
- D1c - Stream Dimensions and Temperature
- D2 - Methods
- D3 - Catch per Unit Effort
- D7 - HOBO Temperature Spreadsheet
- D8 - Stream Profiles
- D9 - Figure D9-1 Stream Crossing Locations
- D9 - Photographs (After November 20, 2017, contact Matt Gamble (firstname.lastname@example.org)
- D9 - Table D9-1 Stream and Road Crossing Dimension
- D10 - Surface Water Temperatures (These files require specialized Groundwater Modeling and GIS software. After November 20, 2017, contact Matt Gamble (email@example.com)
- Appendix E - Wetlands
- Appendix F - Legal
Original Application Information Package for Production Well PW-101, White Pine Springs Site, Osceola Township, Osceola County, Michigan
Updated Section 5.D.3.a of Original Application
List of Figures
- Figure 2.1 Location Map and Local Watersheds
- Figure 3.1a Location Map of Monitoring Wells and Cross Sections
- Figure 3.1b Location Map of Monitoring Wells, Detail
- Figure 3.2 Stratigraphic Cross-Section A-A'
- Figure 3.3 Stratigraphic Cross-Section B-B'
- Figure 3.4 Stratigraphic Cross-Section C-C'
- Figure 3.5 Regional Quaternary Geology (Farrand and Bell, 1982)
- Figure 3.6 Groundwater Elevation Contour Map, March 14, 2016
- Figure 3.7 Chippewa Creek and Twin Creek Watersheds
- Figure 3.8 Stream Flow Monitoring Locations
- Figure 3.9a Wetland Location Map
- Figure 3.9b Chippewa Creek Wetland Monitoring
- Figure 3.9c Twin Creek Wetland Monitoring
- Figure 3.10 Nearby Residential and Type IIb Wells
List of Attachments
- Attachment A - Permits and other MDEQ Documentation
- A-1: Source Approval PW-101, Mar 27, 2009
- A-2: Registration Receipt, ID#3908-20154-32, Apr 16 2015
- A-3: CMDHD Permit to Alter Public Well, WSSN 20166-67, Jun 29, 2015
- A-4: Registration Receipt and Letter, ID#4125-201512-31, Jan 5, 2016
- A-5: MDEQ Water Well and Pump Record, PW-101, Well ID 67000003754
- A-6: CMDHD Permit to Install Water Supply Facilities, WSSN 20166-67, Nov 17, 2000
- A-7: MDEQ Permit for Water System Construction, WSSN 20166-67, Aug 28, 2008
- A-8: MDEQ Permit for Water System Construction, #6705002, Mar 6, 2006
- A-9: MDEQ Water Hauler License #WH54-001, Jun 1, 2009
- A-10: NWNA Certification of Compliance with Water Conservation Measures
- Attachment B - Stratigraphic Boring Logs
- Attachment C
- Attachment D - Groundwater and Surface Water Hydrographs
- Attachment E
- Attachment F
- Attachment G
Site Specific Reviews (SSR)
Part 327, Great Lakes Preservation, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended, requires property owners to register new or increased large quantity water withdrawals over 100,000 gallons per day, but less than 2,000,000 gallons per day, with the DEQ. A withdrawal can be registered through the online Water Withdrawal Assessment Tool (a high level screening tool) or a Site Specific Review (SSR) by the DEQ. The SSR process is used when specified, conservative safety thresholds are reached by the Water Withdrawal Assessment Tool and consideration of site specific information is required.
Nestlé Waters North America submitted a request for a site specific review to the DEQ on December 4, 2015, seeking authorization to increase water withdrawal by 150 gallons per minute (gpm) from their White Pine Springs well in Osceola County. The proposed increased pumping rate would bring the total withdrawal from this well to 400 gpm. The DEQ authorized the increased withdrawal on January 5, 2016. Links to the DEQ's letter responding to the SSR and information used in reaching the decision follow. Note that the documents listed below as Anderson-Vincent and Golder are part of the DEQ's files regarding Nestlé. The DEQ file naming convention includes the name of the person or company who prepared or submitted the documents.
Although an increased withdrawal for the White Pine Springs well has been registered through the SSR process, Nestlé Waters North America must also obtain a permit under Section 17 of the Michigan Safe Drinking Water Act. Consideration of the application includes additional evaluation of the proposed withdrawal. According to subparagraph (9): This section shall not be construed as affecting, intending to affect, or in any way altering or interfering with common law water rights or the applicability of other laws providing for the protection of natural resources or the environment.
- Anderson-Vincent SSR 4125 Checklist PDF
- Anderson-Vincent SSR 4125-201512-31 Request PDF
- Michigan Water Withdrawal Registration 4125-201512-31 PDF
- Golder December 4-2015 submittal report of additional info in support of SSR 4125 PDF
- Golder SSR 4125 data submittal Attach 1 Site Location Map PDF
- Golder SSR 4125 data submittal Attach 2 PW-101 Water Well Record PDF
- Golder SSR 4125 data submittal Attach 3 Site-Specific Review Receipt PDF
- Golder SSR 4125 data submittal Attach 4A stratigraphic cross-section A-A' PDF
- Golder SSR 4125 data submittal Attach 4B stratigraphic cross-section B-B' PDF
- Golder SSR 4125 data submittal Attach 4C stratigraphic cross-section C-C' PDF
- Golder SSR 4125 data submittal Attach 4D stratigraphic cross section D-D' PDF
- Golder SSR 4125 data submittal Attach 4E Chippewa watershed well logs ZIP
- Golder SSR 4125 data submittal Attach 5 White Pine Springs Aquifer Characteristics SSPA PDF
- Golder SSR 4125 data submittal Attach 6 Aerial Photo of Chippewa Creek Headwaters PDF
- Golder SSR 4125 data submittal Attach 7 stream flow measurement data set XLSX
- Golder SSR 4125 data submittal Attach 8A Feb 2015 index flow calculation PDF
- Golder SSR 4125 data submittal Attach 8B AEM and NWNA memos 9-17-15 PDF
- Golder SSR 4125 data submittal Attach 8C Evaluation of index flows PDF
- Golder submittal Attach 5 - Figure A-2 Regional water levels from water wells PDF
- Golder submittal Attach 5 - Figure A-12 Predicted drawdown for 150 gpm PDF
- Nestlé SSR 4125 batch test T and s based on test 12-18-2015 new capacity XLSX
- Nestlé well logs part 1 PDF
- Nestlé well logs part 2 PDF
- Nestlé well logs part 3 PDF
- Golder SSR 4125 Attach 5B - Accompanying File Spreadsheet Summary of PW-101 Aquifer Test XLSX
- Information that was used in the SSR DOCX
- Chippewa Creek and Twin Creek Water Management Areas
Site Specific Review Authorization Update - July 2017
Nestlé Waters North America's (NWNA) registration under Part 327 for an increased large quantity withdrawal (LQW) of 150 gpm (to a total of 400 gpm) became invalid on July 5, 2017, by operation of law. According to Part 327, a registration for a new or increased LQW becomes invalid if a property owner does not develop the capacity to make that withdrawal within 18 months of the registration. NWNA did not develop the capacity for the increased LQW due to the pending decision on the Section 17 permit application.
NWNA submitted a new request for a Site Specific Review (SSR) on June 29, 2017, seeking authorization to increase its water withdrawal from the White Pine Springs well in Osceola County by 150 gallons per minute (gpm). The proposed increased pumping rate would bring the total withdrawal from this well to 400 gpm. If approved, NWNA would be authorized to register the withdrawal but may not implement the withdrawal unless a permit under Section 17 of the SDWA is also issued.
The DEQ's Water Resources Division (WRD) is reviewing the request, which is supported by information submitted with the SSR request in December 2015. The WRD will also consider relevant information provided to the DEQ and additional information requested by the DEQ (but not yet received) as part of the Section 17 permit application review process. Public notice and public input is not required for SSR requests under Part 327.
Historical Documents Resubmitted in Support of Current Application
- October 2000 Cover Letter for Hydrogeologic Assessment Technical Memorandum
- October 2000 Hydrogeologic Assessment Volume I of III
- October 2000 Hydrogeologic Assessment Volume II of III
- October 2000 Hydrogeologic Assessment Volume III of III
- Precipitation Charts