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October 2019 agenda and meeting materials

Wisconsin Natural Resources Board

October 2019 Natural Resources Board agenda This is the official agenda.

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Public Appearance list

Written Comment list

SINCE THE POSTING OF THIS AGENDA, THE FOLLOWING HAS CHANGED:
TUESDAY:
1.B. CORRECTION
3.B. REMOVED
WEDNESDAY:
2.D. MOVED TO 3.A.

View Wisconsin Natural Resources Board agendas, meeting calendar, webcasts, biographies and public participation info online.

Public Participation Deadline: NRB Liaison receipt of your request to testify and/or written comment is 11:00 a.m. on Friday, October 18, 2019.

WISCONSIN NATURAL RESOURCES BOARD

AMENDED AGENDA (rev. 10/15/19)

For meeting at:
Room G09, State Natural Resources Building (GEF 2)
101 South Webster Street
Madison, Wisconsin

Tuesday, October 22, 2019
Wednesday, October 23, 2019

NOTICE IS HEREBY GIVEN that the Natural Resources Board meeting will convene at 2:00 p.m. on Tuesday, October 22, 2019, in Room G09, State Natural Resources Building (GEF 2), 101 South Webster Street, Madison, Wisconsin. The Board will act on items 1 and 2 as listed on the Agenda.

NOTICE IS FURTHER GIVEN that the Wisconsin Natural Resources Board meeting will convene at 8:30 a.m. on Wednesday, October 23, 2019, in Public Meeting Room G09, State Natural Resources Building (GEF 2), 101 South Webster Street, Madison, Wisconsin. The Board will act on items 1-4 and 7-8 as listed on the Agenda.

NOTICE IS FURTHER GIVEN that at approximately noon on Wednesday, October 23, 2019, the Wisconsin Natural Resources Board will have lunch in Room G27a. No Board business will be discussed.

NOTICE IS FURTHER GIVEN that matters concerning natural resource issues or the Department’s program responsibilities or operations specified in the Wisconsin Statutes, which arise after publication of this agenda may be added to the agenda and publicly noticed no less than two hours before the scheduled board meeting, if the Board Chair determines that the matter is urgent.

ORDER OF BUSINESS

Tuesday, October 22, 2019

  1. ORGANIZATIONAL MATTERS
    1. Calling the roll
    2. Approval of agenda for October 22-23, 2019 CORRECTION
  2. ACTION ITEMS
    MISCELLANEOUS (Citizen Testimony and Written Comment Welcome)
    1. Request approval of the Wisconsin Inland Trout Management Plan
      (Joanna Griffin, Trout Coordinator)
      HANDOUT
      PowerPoint Presentation
    2. Sauk Prairie State Recreation Area master plan
      1. Request reconsideration of the plan approved December 14, 2016
        Deadline for NRB Liaison receipt of your written comment or request to testify is 11:00 a.m. on Friday, October 18, 2019
        (Diane Brusoe, Property Planning Section Chief)
      2. If reconsideration passes, request approval of the Sauk Prairie State Recreation Area master plan
        Deadline for NRB Liaison receipt of your written comment or request to testify is 11:00 a.m. on Friday, October 18, 2019
        (Diane Brusoe, Property Planning Section Chief)
        PowerPoint Presentation
  3. INFORMATION ITEMS (Written Comment Welcome)
    1. Evaluation of Crossbow Use in Wisconsin
      Crossbow Report
      (Bob Nack, Big Game Section Chief)
      HANDOUT
      PowerPoint Presentation
    2. Evaluating success of CDAC’s at meeting objectives
      (Kevin Wallenfang, Deer and Elk Ecologist)
      REMOVED
  4. Update on Agricultural Performance Standards – NR 151
    (Brian Weigel, Watershed Management Deputy Director)
    PowerPoint Presentation
  5. Update on the WDNR Managed Lands Public/Private Partnership Report
    (Eric Lobner, Wildlife Management Special Projects)
    PowerPoint Presentation
  6. Informational briefing on DNR response to the the July 19 and 20 wind storm event and the impacts to forests
    (Ryan Severson, Northeast District Forestry Leader)
    PowerPoint Presentation

ORDER OF BUSINESS

Wednesday, October 23, 2019

  1. ORGANIZATIONAL MATTERS
    1. Calling the roll
  2. CONSENT
    1. Approval of brief of action from September 24-25, 2019
    2. The Johnson Family of Menomonee Falls will donate a large waterfowl collection valued at $62,100 to be used to support wildlife education at the Southeastern Region (SER) Headquarters in Milwaukee
      Public Appearance and Written Comment Welcome
      (DNR Secretary Preston Cole)
    3. The Friends of Blue Mound State Park will donate $38,500 to be used to renovate and update one of the two playgrounds located in the campground at Blue Mound State Park
      Public Appearance and Written Comment Welcome
      (DNR Secretary Preston Cole)
    4. Natural Resources Foundation - Lower Wisconsin State Riverway Fund will donate $32,412.59 to support wildlife habitat restoration and management activities along the Lower Wisconsin State Riverway (LWSR)
      Public Appearance and Written Comment Welcome
      (DNR Secretary Preston Cole)
      MOVED TO 3.A.
  3. Request that the Board authorize a preliminary public hearing and comment period for the statement of scope for Board Order WA-11-19, proposed rules affecting chapters NR 502 and 520 and creation of chapter NR 530, related to implementing electronics recycling program requirements
    Written Comment Welcome
    (Kate Strom Hiorns, Recycling and Solid Waste Section Chief)
  4. Request that the Board approve the revised notice for preliminary public hearings and comment period for the statement of scope for Board Order WT-19-19, proposed rules affecting chapters NR 151 and 243, related to targeted performance standards and prohibitions to abate pollution of groundwater by nitrate in sensitive areas
    Written Comment Welcome
    (Brian Weigel, Runoff Management Deputy Director)
  • DISCUSSION AND POSSIBLE ACTION CONCERNING ITEMS REMOVED FROM THE CONSENT AGENDA
  1. (2D)Natural Resources Foundation - Lower Wisconsin State Riverway Fund will donate $32,412.59 to support wildlife habitat restoration and management activities along the Lower Wisconsin State Riverway (LWSR)
    Public Appearance and Written Comment Welcome
    (DNR Secretary Preston Cole) MOVED FROM 2.D.
  • ACTION ITEMS
    ADOPTION (Citizen Testimony and Written Comment Welcome)
HEARING AUTHORIZATIONS (Written Comment Welcome)
MISCELLANEOUS (Citizen Testimony and Written Comment Welcome)
  1. Request adoption of Board Order WY-17-15, proposed rules affecting chapters NR 102, 104, 210, and 219 related to revising Wisconsin’s water quality criteria for pathogens (specifically bacteria) to protect recreation, and related permit implementation procedures
    (Marcia Willhite, Water Evaluation Section Chief)
    PowerPoint Presentation
  2. Request adoption of Board Order WY-09-18, proposed rules affecting chapter NR 102 related to site-specific phosphorus water quality criteria for Petenwell Lake, Castle Rock Lake, and Lake Wisconsin
    (Marcia Willhite, Water Evaluation Section Chief)
    PowerPoint Presentation
  3. Request adoption of Board Order WY-18-15, proposed rules repealing chapters NR 190, 191, 192, 195, 198 and creation of chapter NR 193 related to the administration of cost-sharing grants and contracts for lake and river planning, monitoring and protection, and aquatic invasive species control
    (Carroll Schaal, Lakes and Rivers Section Chief)
    PowerPoint Presentation
  4. Request adoption of Board Order WA-06-17, proposed rules affecting the chapter NR 600 series related to the generation, transportation, recycling, treatment, storage, and disposal of hazardous waste, universal waste, pharmaceuticals, and used oil
    (Andrea Keller, Hazardous Waste Prevention and Management Section Chief)
    PowerPoint Presentation
  5. Request adoption of Board Order WA-11-15, proposed rules affecting chapter NR 538 related to the beneficial use of high-volume industrial waste byproducts
    (Joe Van Rossum, Waste and Materials Management Program Director)
    PowerPoint Presentation
  6. Request adoption of Board Order WM-24-18, proposed rules affecting chapters NR 11 and 15 related to closed areas and refuges
    (Scott Karel, Wildlife Management Regulation Policy Specialist)
    HANDOUT
    PowerPoint Presentation
  7. Request that the Board authorize a preliminary public hearing and comment period for the Statement of Scope for Board Order WY-23-19, proposed rules affecting chapters NR 105, NR 106, NR 219, and other related regulations to add surface water quality criteria and analytical methods for poly- and perfluoroalkyl substances (PFAS) including PFOS, PFOA, and any other PFAS for the purpose of protecting public health as well as revisions to the procedures in the Wisconsin Pollutant Discharge Eliminate System (WPDES) permitting program to implement the new water quality criteria
    (Marcia Willhite, Water Evaluation Section Chief)
  8. Request that the Board authorize a preliminary public hearing and comment period for the Statement of Scope for Board Order DG-15-19, proposed rules affecting chapter NR 140, related to numerical standards to minimize the concentration of polluting substances in groundwater
    (Bruce Rheineck, Groundwater Section Chief)
  9. Request that the Board authorize a preliminary public hearing and comment period for Board Order DG-24-19, proposed rules affecting chapter NR 809, related to the promulgation of new drinking water maximum contaminant levels for Per- and Polyfluoroalkyl Substances (PFAS) including Perfluorooctanesulfonic acid (PFOS) and Perfluorooctanoic acid (PFOA)
    (Adam DeWeese, Public Water Supply Section Chief)
  10. Request approval of the department’s recommendation to end the amendment process for the Rib Mountain State Park master plan and to take any other action consistent with the department’s planning authority
    (Diane Brusoe, Property Planning Section Chief)
    PowerPoint Presentation
  11. Request approval for the Northeast Sands Regional Master Plan
    Northeast Sands Regional Master Plan
    Northeast Sands Website
    (Diane Brusoe, Property Planning Section Chief)
    PowerPoint Presentation
  12. Request approval that prohibition of hunting is necessary to protect public safety on property to be purchased with Knowles-Nelson Stewardship grant assistance: City of Green Bay, Brown County
    (Pamela Foster Felt, Stewardship Grant Manager)
  13. Land Exchange – Northern Highland State Forest – Vilas County
    (James Lemke, Real Estate Operations Section Chief
  • OPEN FORUM (Testimony that pertains to topics not on the meeting agenda) – at approximately 10:15 a.m. following break. Remote testimony also will be available from the DNR Service Center, 107 Sutliff Avenue, Rhinelander. Please refer to page 5 of agenda for required pre-registration information and protocol.
  • INFORMATION ITEMS (Written Comment Welcome)
    None
  • DEPARTMENT SECRETARY'S MATTERS
    1. RETIREMENT RECOGNITION - Action
      1. David Holmes, Law Enforcement, 32 years
    2. DEPARTMENT SECRETARY'S MATTERS – Informational
      1. Acts of the Department Secretary – Real Estate Transactions
      2. Department Secretary’s Matters
      3. Planning Status Update - None
  • BOARD MEMBERS' MATTERS

The public is welcome to attend a Wisconsin Natural Resources Board (NRB) meeting. The NRB also provides opportunities for citizens to testify and to submit written comment about issues that come before the NRB. See complete information on public participation at Board meetings.

Board Meetings are now webcast live. To watch, go to this site and click Webcasts in the Related Links column on the right. Then click on this month's meeting. After each meeting, the webcast will be permanently available on demand.

The following meeting resources also are available: Agenda Item Packets (also known as green sheet packages are linked to the corresponding item on the website/html meeting agenda at https://dnr.wi.gov/about/nrb/ -- click on the blue "View agendas" button then scroll down.), supporting documents and public comment. Mediasite recordings and the Brief of Action are used as the legal record of Board Meetings.

Remote testimony protocol: In addition to testifying at the Board meeting, remote testimony on item 5. – Open Forum is offered at DNR Service Center, 107 Sutliff Avenue, Rhinelander for the October meeting. Official meeting location of the Board will be at Room G09, State Natural Resources Building (GEF 2), 101 South Webster Street, Madison, Wisconsin. You must be preregistered to testify. Those that do not preregister will not have the opportunity to testify.

The time that item 5. – Open Forum may be before the Board is approximately 10:15 a.m. or immediately following morning break. If you arrive late at either location, you may lose your opportunity to testify. Each speaker will have three minutes to give their testimony.

Future meeting Open Forum remote presentation opportunities will be held at:
December 11: DNR Service Center, 2984 Shawano Avenue, Green Bay

The following is from the Board's meeting guidelines: Only one speaker per organization. Testimony that threatens, intimidates, or includes disparaging comments about Board Members, department staff, and other members of the public will not be allowed. Those that do so may be removed from the meeting or remote location. Written comment is always welcome.

Please contact Laurie Ross, NRB Liaison, at 608-267-7420 or by email at laurie.ross@wisconsin.gov with NRB related questions, to request information, to submit written comments, to register to attend a Board tour, and to register to testify at a meeting or listening session.

Public Participation Deadline: NRB Liaison receipt of your request to testify and/or written comment is 11:00 a.m. on Friday, October 18, 2019

The NRB and Department of Natural Resources are committed to serving people with disabilities. Please contact the NRB Liaison to request NRB information in an alternative format.

* Agenda item 2.B.: PLEASE TAKE NOTICE that the Department of Natural Resources will be asking the Natural Resources Board to reconsider its December 14, 2016 vote to approve the Sauk Prairie State Recreation Area Master Plan to consider evidence presented at the 2019 contested case hearing.

If the Board decides to reconsider its decision on the Sauk Prairie State Recreation Area Master Plan, its next agenda item will be to consider the Department’s request to approve that same master plan.

The Board will take testimony on each question before it: will take testimony on the question of reconsideration; if it agrees to reconsider its vote, it will take testimony on the plan. Members of the public may address both questions if they speak on the question of reconsideration.

Agenda item 2.B.: NRB Liaison receipt of your written comment or request to testify is 11:00 a.m. on Friday, October 18, 2019.

Contact information
If you have Board-related questions or would like to request information, to submit written comments, or to register to speak at a Board meeting or listening session, email or call:
Laurie J. Ross, Board Liaison
Office of the Secretary, AD/8
Laurie.Ross@wisconsin.gov
608-267-7420
The Natural Resources Board and Department of Natural Resources are committed to serving people with disabilities. If you need Board information in an alternative format, please email or call the Board Liaison.