December 2022 Agenda and Meeting Materials

View Wisconsin Natural Resources Board agendas, meeting calendar, webcasts, biographies and public participation info online at: http://dnr.wi.gov/about/nrb/overview.html

Public Participation Deadline:  NRB Liaison receipt of your request to testify and/or written comment is 11:00 a.m. on Wednesday, December 7, 2022. 

The Natural Resources Board will meet in-person. Remote testimony from the public via Zoom may be accepted for this meeting. In person public appearances are also welcome. Members of the public can submit their request to testify remotely, in person, 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/3LpAxSxqQqA

WISCONSIN NATURAL RESOURCES BOARD

A G E N D A

For meeting at:

Room G09, State Natural Resources Building (GEF 2)

101 South Webster Street

Madison, Wisconsin

Wednesday, December 14, 2022

NOTICE IS HEREBY GIVEN that the Wisconsin Natural Resources Board meeting will convene at 8:30 a.m. on Wednesday, December 14, 2022, 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 as listed on the agenda.

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 December 14, 2022

2. CONSENT
   1. Approval of brief of action from October 26, 2022
   2. Request approval that prohibition of gun hunting is necessary to protect public safety on property to be purchased with Knowles-Nelson Stewardship grant assistance: Town of Dunkirk, Dane County.
      (Pam Rood, Stewardship Grant Manager, Bureau of Facilities and Lands)
   3. 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 Baraboo, Sauk County.
      (Pam Rood, Stewardship Grant Manager, Bureau of Facilities and Lands)
   4. Acknowledgment of Donation - Natural Resources Foundation of Wisconsin, Inc. donated $33,204.34. This donation will be used to support resources within the Lower Wisconsin State Riverway Fund.
      (Sarah Barry, Department Deputy Secretary)
   5. Request that the Board authorize a preliminary public hearing and comment period for the Statement of Scope for Board Order WA-11-22, for proposed rules affecting chapters NR 500 to 524 related to landfills, solid waste management fees, financial responsibility and reporting requirements.
      (Kate Strom Hiorns, Recycling and Solid Waste Section Chief)

3. DISCUSSION AND POSSIBLE ACTION CONCERNING ITEMS REMOVED FROM THE CONSENT AGENDA

4. ACTION ITEMS
ADOPTION (Citizen Testimony and Written Comment Welcome)
1. Request adoption of Emergency Board Order WA-17-21(E), proposed rules affecting chapters NR 500 and 520 related to disposal of material dredged from the Great Lakes
   (Kate Strom Hiorns, Recycling and Solid Waste Section Chief)
2. Request adoption of Emergency Board Order DG-07-22(E), proposed rules affecting chapter NR 812 to allow for the use of new cement formulations for the construction of water wells
   (Marty Nessman, Private Water Supply Section Chief)
SCOPE STATEMENTS (Citizen Testimony and Written Comment Welcome)
3. Request that the Board approve the Statement of Scope for Board Order DG-17-22, for proposed rules affecting chapter NR 140 related to setting numerical standards to minimize the concentration of polluting substances for certain Per- and Polyfluoroalkyl Substances (PFAS) in groundwater
   (James Zellmer, Environmental Management Division Deputy Administrator)
4. Request that the Board approve the Statement of Scope for Board Order FH-13-22 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 19 – 22 and 40 related to wild bait harvest regulations
   (Todd Kalish, Fisheries Management Deputy Bureau Director)
5. Request that the Board approve the Statement of Scope for Emergency Board Order WM-15-22 (E) and Board WM-16-22 and conditionally approve the public hearing notice for WM-16-22 and notice of submittal of proposed rules to the Legislative Council Rules Clearinghouse, for proposed rules affecting chapter NR 10 related to establishing the 2023-2024 migratory bird season framework and regulations.
   (Scott Karel, Wildlife Regulation Policy Specialist)
MISCELLANEOUS (Citizen Testimony and Written Comment Welcome)
6. Request approval of the proposed Rib Mountain State Park Master Plan Revision
   (Phil Rynish, Property Planning Section Chief)
7. Request approval to accept the following two donations located within project    boundaries under authority provided in s. 23.09(2)(d), Wis. Stats., and s. NR 1.41(1)(e), Wis. Admin. Code, which will provide opportunities for public recreation and will be open to the public for all five nature-based outdoor recreational activities to include hunting, fishing, trapping, hiking and cross-country skiing
   1. Land Donation – Lower Wisconsin State Riverway – Sauk County
   2. Land Donation – Turtle Valley State Wildlife Area – Walworth County
   (Jim Lemke, Real Estate Section Chief)
8. Land Acquisition, the department is requesting approval to purchase a 31.55-acre parcel        of land located within the Lake Mills Wildlife Area for $205,000.00 under the authority of s. 23.09(2)(d)3., Wis. Stats., and 1.41(1)(a), Wis. Admin. Code.
   (Jim Lemke, Real Estate Section Chief)

5. OPEN FORUM (Testimony that pertains to topics not on the meeting agenda or not in litigation) – after items 1-4 or following morning break at approximately 10:15. Please refer to pages 4 and 5 of agenda for required pre-registration information and protocol.

6. INFORMATION ITEMS (Written Comment Welcome)
   1. Background and Updates on Producer-led Watershed Initiatives
      (Brian Weigel, Administrator – Agricultural Resource Management Division Wisconsin Department of Agriculture, Trade and Consumer Protection)
   2. The North American Model of Wildlife Conservation
      (John Organ, Wildlife Biologist on the Fisheries and Wildlife Board for the Commonwealth of Massachusetts)
   3. Regulation of Wake Board Surf Boat Operation
      (Lt. Darren Kuhn, Boating Law Administrator, Division of Public Safety & Resource Protection)

7. DEPARTMENT SECRETARY’S MATTERS
   1. RETIRMENT RECOGNITION – Action
      1. Jeffrey A. Margenau, Technical Services, 21 years
      2. Michelle M. Marron, Fisheries Management, 34 years
      3. Colleen F. Matula, Forestry, 22 years
      4. Marcia T. Willhite, Water Quality, 7 years
      5. Linda S. Winters, Customer Service and Licensing, 36 years
   2. DEPARTMENT SECRETARY’S MATTERS – Informational
      1. Planning Status Update – Western Coulees and Ridges Regional Master Plan
         (Phil Rynish, Property Planning Section Chief)
      2. Acts of the Department Secretary – Real Estate Transactions
      3. Department Secretary’s Matters
         1. Sandra Dee Naas Report

8. BOARD MEMBERS’ MATTERS

The public is welcome to view the Wisconsin Natural Resources Board (NRB) meeting via YouTube.  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 at http://dnr.wi.gov/about/nrb/public.html.

The public is encouraged to watch the Board meeting via YouTube here: https://youtu.be/3LpAxSxqQqA

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. 

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: Remote testimony from the public via Zoom may be accepted for this meeting. In person public appearances are also welcome. Members of the public can submit their request to testify remotely or their written comments by the posted deadline date for Board consideration.  You must be pre-registered to testify.  Please include your name, daytime phone number, email address, city of residence, agenda item you request to testify on (include topic for item 5-Open Forum), and name of organization you will represent (if none, state “self”). 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.  Please review:  https://dnr.wisconsin.gov/about/NRB/public.html.

NOTE:  The Board welcomes citizen input on matters of natural resources management and Department programs and policies.  Comments concerning any individual’s personal information or personal business are not appropriate and will not be allowed.

The time for item 5. – Open Forum - will be after items 1-4 or immediately following morning break at approximately 10:15. If you request to testify during Open Forum, please be ready to speak when the Board takes up this item.  Each speaker will have three minutes to give their testimony; however, the Board Chair has final discretion on time limit.

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 Ashley Bystol, NRB Liaison, at 608-267-7420 or by email at dnrnrbliaison@wisconsin.gov with NRB related questions, to request information, to submit written comments, and to register to testify at a meeting.

Public Participation Deadline:  NRB Liaison receipt of your request to testify and/or written comment is 11:00 a.m. on Wednesday, December 7, 2022.

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.