May 2020 Agenda and Meeting Materials

Public Participation Deadline: NRB Liaison receipt of your written comment is 11:00 a.m. on Wednesday, May 20, 2020.

In light of COVID-19, the Natural Resources Board will be meeting via eConference. Members of the public can submit written comments by the posted deadline date for Board consideration. No public appearance requests will be accepted. The public may watch the Board meeting via live webcast via this link.

NOTICES HEREBY GIVEN that the Wisconsin Natural Resources Board meeting will convene via eConference at 8:30 a.m. on Wednesday, May 27, 2020, in Public Meeting Room G11, State Natural Resources Building (GEF 2), 101 South Webster Street, Madison, Wisconsin. The Board will act on items 1-4 and 6-7 as listed on the Agenda.

NOTICES HEREBY 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

1. ORGANIZATIONAL MATTERS
   1. Calling the roll
   2. Approval of agenda for May 27, 2020
2. CONSENT
   1. Approval of brief of action from February 26, 2020
   2. Approval of brief of action from April 1, 2020
   3. Dane County will donate $1.3 million to be used to construct a bike trail portion of the North Mendota loop in Governor Nelson State Park (located in the town of Westport in Dane County) that will connect the town of Westport to the city of Middleton (through private development land) NRB Agenda May 27, 20202
      (DNR Secretary Preston Cole)
   4. Devil’s Lake Concession Corporation will donate $110,000 to be used to purchase UTV’s for park services, as well as fund limited term employee positions for visitor services, maintenance, and interpretation programs at Devil’s Lake State Park in Baraboo, WI. A portion of the funds also will be used for ongoing maintenance, repair of park facilities, and long-term lake monitoring
      (DNR Secretary Preston Cole)
   5. Friends of Devil’s Lake State Park will donate $30,000 to be used to fund limited term employee positions in visitor services, maintenance, and interpretation at Devil’s Lake State Park. A portion of this donation also will be used to fund ongoing maintenance and repair of park facilities, grounds, and enhancements
      (DNR Secretary Preston Cole)
   6. The Friends of Wisconsin State Parks will donate $22,500 to be used to plant trees on over 50 properties statewide include state parks, forests and trails for the 50th anniversary celebration of Earth Day
      (DNR Secretary Preston Cole)
   7. The Friends of Lake Wissota State Park will donate $20,171 to be used to construct a new playground structure for the Lake Wissota State Park campground area that will provide visiting families, including those with special needs, additional positive recreational experiences Citizen Testimony and Written Comment Welcome
      (DNR Secretary Preston Cole)
   8. The Newport Wilderness Society (Friends group of Newport State Park) will donate $18,700 to be used to support a year-round LTE naturalist position at Newport State Park, located in Door County
      (DNR Secretary Preston Cole)
   9. Request that the Board authorize a preliminary public hearing and comment period for the Statement of Scope for Board Order WA-06-20(E) and WA-07-20, proposed rules creating chapter NR 159 relating to regulating fire fighting foam that contains certain contaminants.
      (Kate Strom Hiorns, Recycling and Solid Waste Section Chief)
   10. Request that the Board authorize a preliminary public hearing and comment period for the Statement of Scope for Board Order FH-02-20 for proposed rules affecting chapter NR 25 related to Lake Michigan whitefish mgmt. and Great Lakes commercial harvest reporting
       (Meredith Penthorn, Fisheries Management Policy Specialist)
3. DISCUSSION AND POSSIBLE ACTION CONCERNING ITEMS REMOVED FROM THE CONSENT AGENDA
4. ACTION ITEMS
   ADOPTION (Written Comments Welcome)
   SCOPE STATEMENTS (Written Comments Welcome)
   MISCELLANEOUS (Written Comments Welcome)
   1. Request adoption of amended Board Order AM-24-12b, proposed rules affecting chapters NR 406 and NR 407 related to improving the operational efficiency for and simplifying the air permit processes
      (Kristin Hart, Permits & Stationary Source Modeling Section Chief)
   2. Request adoption of Emergency Board Order RR-11-17(E), proposed rules affecting chapters NR 700 to 754 and creating chapters NR 756 and 758 related to financial responsibility for engineering controls for contaminated sediment remediation, and insurance and financial responsibility for Voluntary Party Liability Exemption projects with contaminated sediments
      (Jodie Peotter, Brownfields and Outreach Section Chief) REMOVED
   3. Request approval of the Statement of Scope for Board Order WY-14-19 and conditionally approve the public hearing notice and notice of submittal of proposed rules to the Legislative Council Rules Clearinghouse, for proposed rules creating chapter NR 229 related to regulation of wastewater discharges from dental offices to sanitary sewers, and revising chapter NR 211 to clarify department authority to issue WPDES permits to industrial users with facility-specific pretreatment requirements(Jason Knutson, Wastewater Section Chief)
   4. Request approval of the Statement of Scope for Board Order WY-29-19 and conditionally approve the public hearing notice and notice of submittal of proposed rules to the Legislative Council Rules Clearinghouse, for proposed rules to repeal chapters NR 107 and 109 and create chapter NR 108 related to aquatic plant management, manual removal and mechanical control regulations, and aquatic habitat protection, and to revise chapter NR 193 related to surface water grants
      (Carroll Schaal, Lakes & Rivers Section Chief)
   5. Request approval of the Statement of Scope for Board Order WM-01-20 and conditionally approve the public hearing notice and notice of submittal of proposed rules to the Legislative Council Rules Clearinghouse, for proposed rules affecting chapters NR 8 and 10 related to furbearer registration and tagging simplification
      (Scott Karel, Wildlife Regulatory Policy Specialist)
   6. Request approval of the Lake Superior Fisheries Management Plan 2020 – 2029 (Brad Ray, Lake Superior Fisheries Team Supervisor) AMENDED to add public comments and department responses
   7. Elk herd update and approval of the 2020 elk season quotas
      (Bob Nack, Big Game Section Chief) MODIFIED
      Three documents provided by NRB Member Greg Kazmierski.
   8. Request approval of the 2021 – 2025 duck zone structure
      (Taylor Finger, Migratory Bird Specialist) NOTE: During the April 1, 2020 NRB meeting, the Department presented information relating to proposed zone changes for 2021-2025, but the 2021-2025 zone changes were not listed as an action item. The Department requests the board consider the proposed zone changes for 2021-2025 as an action item.
   9. Land Sale – Trout Creek Watershed – Iowa County
      (Jim Lemke, Real Estate Section Chief)
5. INFORMATION ITEMS (Written Comment Welcome)
   1. Results of the public input on the Board’s and Bureau of Wildlife Management’s 2020 spring fish and wildlife meeting agenda of advisory questions
      (Scott Karel, Wildlife Regulation Policy Specialist)
   2. DNR COVID-19 Update
      Handout
      (Beth Bier, Deputy Secretary)
6. DEPARTMENTS SECRETARY'S MATTERS
   1. Retirement Recognition - Action
      1. Sandra Duren, Drinking and Groundwater, 44 years
      2. Russell T. Fell, Law Enforcement, 30 years
      3. Lonn J. Franson, Water Quality, 33 years
      4. Lawrence P. Glodoski, Forestry, 35 years
      5. Jeffrey F. Olsen, Forestry, 22 years
      6. Jordan B. Petchenik, Environmental Analysis and Sustainability, 33 years
      7. Grace E. Radman, NOR Administration, 30 years
      8. Michael L. Sealander, Law Enforcement, 30 years
      9. James D. (J.D.) Smith, Jr., Regional Administration, 36 years
      10. John A. Stoffel, Air Management, 31 years
   2. Department Secretary’s Matters – Informational
      1. Acts of the Department Secretary – Real Estate Transactions
      2. Department Secretary’s Matters - None
      3. Planning Status Update
         1. Western Prairie Regional Master Plan
7. 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 here.

Board Meetings are webcast live. To watch, go to the webcast archive and 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 here -- click on the blue “View agendas” button then scroll down.), supporting documents, and public comment. Media Site recordings and the Brief of Action are used as the legal record of Board Meetings.

Due to public health advisories on COVID-19, there will be no Open Forum or public appearances for the May meeting. All 2020 regional tours have been cancelled. All 2020 regional meetings will be moved to Madison. Future 2020 Open Forum remote presentation opportunities may be held at the following DNR locations (schedule is subject to change):

Protocol: 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 written comment is 11:00 a.m. on Wednesday, May 20, 2020

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.