June 2021 NRB Agenda and Meeting Materials

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 Wednesday, June 16, 2021.

The Natural Resources Board will meet in-person. Remote testimony from the public via Zoom may be accepted for this meeting (no in-person appearances). Members of the public can submit their request to testify remotely or their written comments by the posted deadline date for Board consideration.

The public is encouraged to watch the Board meeting via YouTube here:
https://youtu.be/nkfTDzgYFGY

NOTICE IS HEREBY GIVEN that the Wisconsin Natural Resources Board meeting will convene at 8:30 a.m. on Wednesday, June 23, 2021, 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, June 23, 2021, the Wisconsin Natural Resources Board will have lunch in Room G09. No action will be taken.

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

1. ORGANIZATIONAL MATTERS
   1. Calling the roll
   2. Approval of agenda for June 23, 2021
2. CONSENT
   1. Approval of brief of action from May 26, 2021
   2. Turning Rivers will donate $48,538 worth of concrete to be used at the west end of the camp barn as part of phase one of its conversion to a pavilion at the Turning Rivers Camp at the Kettle Moraine State Forest – Northern Unit.
      (DNR Secretary Preston Cole)
   3. The Devils Lake Concession Corporation will donate $40,000 in the form of an electronic message sign board for the entrance of Devils Lake State Park in Sauk County, WI.
      (DNR Secretary Preston Cole)
   4. Request that the Board authorize a preliminary public hearing and comment period for the Statement of Scope for Board Order WY-13-20 for proposed rules affecting chapters NR 102, 106, 205, and 207, and other related regulations for the purpose of updating Wisconsin’s water quality antidegradation policy and procedures
      (Marcia Willhite, Water Evaluation Section Chief)
   5. Request that the Board authorize a preliminary public hearing and comment period for the Statement of Scope for Board Order FH-04-20, for proposed rules affecting chapters NR 20, related to sturgeon spearing harvest regulations and gear use
      (Meredith Penthorn, Fisheries Management policy specialist)
   6. Request that the Board authorize a preliminary public hearing and comment period for the Statement of Scope for Board Order WY-21-20, for proposed rules affecting chapter NR 102 related to site-specific phosphorus criteria for Lac Courte Oreilles - DELETED
      (Marcia Willhite, Water Evaluation Section Chief)
3. DISCUSSION AND POSSIBLE ACTION CONCERNING ITEMS REMOVED FROM THE CONSENT AGENDA - None
4. ACTION ITEMS
   ADOPTION (Citizen Testimony and Written Comment Welcome)
   1. Request adoption of Board Order AM-10-19, proposed rules affecting chapters NR 404, 407, 408, 428 and 484 related to incorporation of the 2015 national ambient air quality standards for ozone.
      (Gail Good, Air Management Program Director)
   2. Request adoption of Board Order WT-02-19, proposed rules affecting chapter NR 350, related to wetland mitigation
      (Tom Pearce, ILF Wetland Mitigation Project Manager)
   3. Request adoption of Emergency Board Order WY-26-20(E), proposed rules affecting chapters NR 114, 146 and 524 to allow for third party administration of operator certification, well driller or pump installer license, and landfill operator examinations
      (Steve Geis, Certification Services Section Chief)
   4. Request that the Board consider legislative modifications to Board Order EA-14-18, proposed rules affecting chapters NR 130, 131, 132, and 182 related to nonferrous metallic mining activities (Written Comment Only)
      (Dave Siebert, External Services Division Administrator)
   5. Request adoption of Emergency Board Order FH-07-21(E), proposed rules affecting chapter NR 20 and 25 related to fish harvest in Lake Superior
      (Brad Ray, Lake Superior Fisheries Team Supervisor)
   6. Request adoption of Board Order FH-08-20, proposed rules affecting chapter NR 20 related fishing guide licenses and reporting requirements
      (Tom Meronek, Lake Michigan Fisheries Team Supervisor)
   7. Request adoption of Board Order FH-09-20, proposed rules affecting chapter NR 20 related to fishing regulations on inland, outlying and boundary waters (the 2021 Fisheries Management Spring Hearings rule)
      (Meredith Penthorn, Fisheries Management policy specialist)
   8. Request adoption of Board Order FH-25-19, proposed rules affecting chapter NR 20 related to Minocqua Chain walleye harvest regulations
      (John Kubisiak, Treaty Unit fisheries team supervisor)
   9. Request adoption of Emergency Board Order FH-29-20 (E), proposed rules affecting chapter NR 20 related to lake trout harvest and season in Lake Michigan
      (Bradley Eggold, Great Lakes District fisheries supervisor)
   SCOPE STATEMENTS (Citizen Testimony and Written Comment Welcome)
   10. Request that the Board approve the Statement of Scope for Board Order DG-22-20 and conditionally approve the public hearing notice and notice of submittal of proposed rules to the Legislative Council Rules Clearinghouse, for proposed rules affecting chapter NR 811 to update, correct and clarify existing code requirements and add requirements for new technologies related to community drinking water system sources, source water quality, storage, treatment, and distribution - AMENDED to include summary of written comments
       (Cathy Wunderlich, Public Water Engineering Section Chief)
   11. Request that the Board approve the Statement of Scope for Board Order DG-25-20 and conditionally approve the public hearing notice and notice of submittal of proposed rules to the Legislative Council Rules Clearinghouse, for proposed rules affecting chapter NR 140 related to setting numerical standards to minimize the concentration of polluting substances in groundwater based on the Department of Health Services’ recommendations for creation of Cycle 11 groundwater enforcement standards, including some PFAS and pesticide compounds.
       (Steve Elmore, Drinking Water and Groundwater Bureau Director)
   12. Request that the Board approve the Statement of Scope for Board Order DG-31-20 and conditionally approve the public hearing notice and notice of submittal of proposed rules to the Legislative Council Rules Clearinghouse, for proposed rules affecting chapter NR 809 related to the promulgation of new drinking water maximum contaminant levels for 12 additional Per- and Polyfluoroalkyl Substances (PFAS) and combined standards for 4 PFAS - AMENDED to include summary of written comments
       (Steve Elmore, Drinking Water and Groundwater Bureau Director)
   13. Request that the Board approve the Statement of Scope for Emergency Board Order WM-01-21(E), Board Order WM-02-21 and Board Order WM-03-21 and conditionally approve the public hearing notice for WM-02-21 and WM-03-21 and notice of submittal of proposed rules to the Legislative Council Rules Clearinghouse, for proposed rules affecting chapters NR 8, 10, 12 and 19 related to gray wolf harvest regulations
       (Scott Karel, Wildlife Policy Specialist)
   MISCELLANEOUS (Citizen Testimony and Written Comment Welcome)
   14. Request approval of antlerless deer harvest quotas, antlerless permit levels and a deer hunting season framework for 2021 CORRECTED - 2020 permit numbers for Bayfield, Burnett, Douglas, and Sawyer counties
       NRB Kazmierski handout
       (Jeff Pritzl, State Deer Specialist)
   15. Land Acquisition – Devils Lake State Park – Sauk County
       (Jim Lemke, Real Estate Section Chief)
   16. Easement Purchase – Forest Legacy Program – Oneida County
       (Jim Lemke, Real Estate Section Chief)
   17. Land Acquisition & Partial Donation -- Ice Age Trail & Glacial Drumlin State Trail, Waukesha County
       (Jim Lemke, Real Estate Section Chief)
5. OPEN FORUM (Testimony that pertains to topics not on the meeting agenda) – at approximately 10:15 a.m. following break. Please refer to pages 5 and 6 of agenda for required pre-registration information and protocol.
6. INFORMATION ITEMS (Written Comment Welcome)
   1. DNR COVID-19 Update
      (Todd Ambs, DNR Deputy Secretary)
   2. Southwest Wisconsin CWD, Deer and Predator Study: Update
      (Dr. Daniel Storm, Ungulate Research Scientist)
   3. Deer Stakeholder Committee Final Report
      (Bob Nack, Big Game Section Chief)
   4. Congress Matters: Wisconsin Conservation Congress (WCC) 2021 Spring Hearing and Annual Report
      (Tony Blattler, WCC Chair)
   5. Results of input on the Bureau of Wildlife Management's 2021 spring fish & wildlife meeting agenda of rule questions.
      (Scott Karel, Wildlife Policy Specialist)
7. DEPARTMENTS SECRETARY'S MATTERS
   1. Retirement Recognition - Action
      1. Robert J. Lee, Law Enforcement, 33 years
   2. Department Secretary's Matters - Informational (Written Comment Welcome)
      1. Acts of the Department Secretary - Real Estate Transactions
      2. Department Secretary's Matters
      3. Planning Status Update - None
8. 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.

The public is encouraged to watch the Board meeting via YouTube here:
https://youtu.be/nkfTDzgYFGY

After each meeting, the webcast will be permanently available on demand at https://dnr.wisconsin.gov/About/NRB/NRB-Webcasts

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.

Live transcription of the webcast is autogenerated and not a legal record of the Board Meeting. The approved Brief of Action and meeting recording constitute the official Board’s minutes.

Public Appearance Protocol: Only remote testimony (no face-to-face appearances) will be offered at the December meeting. You must be pre-registered to testify. Those that do not pre-register will not have the opportunity to testify. Confirmed speakers will receive meeting logistics via email. Those confirmed to testify on a specific agenda item will testify on that item prior to vote.

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

The following is from the Board’s meeting guidelines: Only one speaker per organization. Testi mony 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 June 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 or written comment is 11:00 a.m. on Wednesday, June 16, 2020

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