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September 2022 Agenda and Meeting Materials

Wisconsin Natural Resources Board

September 2022 Natural Resources Board agenda. This is the official agenda.

SINCE THE POSTING OF THIS AGENDA, THE FOLLOWING HAS CHANGED:
Tribal Leaders and local officials invited.
7.B.2 ADDED (9/22/2022)
2.A ADDED (9/20/2022)
4.E ADDED (9/16/2022)
8.A ADDED (9/16/2022)

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, September 21, 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/V-Pp-skgBVk

After each meeting, the webcast will be permanently available on demand at https://dnrmedia.wi.gov/main/Catalog/Full/9da0bb432fd448a69d86756192a62f1721

WISCONSIN NATURAL RESOURCES BOARD

AMENDED AGENDA  (rev. 09/16/2022)

For meeting at:

Northwood Technical College
2100 Beaser Avenue
Ashland, Wisconsin 54806


Tuesday, September 27, 2022
Wednesday, September 28, 2022

NOTICE IS HEREBY GIVEN that on Tuesday, September 27, 2022, the Wisconsin Natural Resources Board will tour and/or receive presentations at the following locations (NOTE: The public must pre-register with Board Liaison to attend scheduled tours. Registration information is located on the last page of the agenda. Exact tour schedule is subject to change): 1) At approximately 12:00 p.m., the Board will arrive at Saxon Harbor Campground & Marina, 10045 County Highway A; Saxon, WI 54559, for lunch presentations related to the rebuild and reopening of the harbor, boat landings and campground after a major flood event in 2016 through agency collaboration. Presentations will be followed by a short walking tour. 2) At approximately 2:15 p.m., the Board will arrive at Copper Falls State Park, 36764 Copper Falls Road; Mellon, WI 54546 for presentations related to increased public interest in outdoor recreation, highlighting Copper Falls State Park, the community’s involvement in the park and its impact on the local economy. Presentations will be followed by a short walk on the Doughboys Trail to Copper Falls. A short afternoon break will follow the walk. 3) At approximately 4:00 p.m., the Board will arrive at Kreher Park Pavilion, 200 Prentice Avenue North; Ashland, WI 54806, for presentations related to the restoration and redevelopment of the Ashland Super Fund site and the Ashland Ore Dock. The Tuesday tours will end at approximately 5:00 p.m. No action will be taken.

NOTICE IS FURTHER GIVEN that the Wisconsin Natural Resources Board meeting will convene at 8:30 a.m. on Wednesday, September 28, 2022, at Northwood Technical College in Conference Room 306 and 307, 2100 Beaser Avenue, Ashland, WI 54806. 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, September 28, 2022, the Wisconsin Natural Resources Board will have lunch in Conference Room 305. 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 September 28, 2022
  2. CONSENT
    1. Approval of brief of action from August 10, 2022
    2. Preliminary public hearing and comment period for the Statement of Scope for Board Order WA-12-21, for proposed rules affecting chapters NR 600 to 679 to modify and expand universal waste management
    3. Preliminary public hearing and comment period for the Statement of Scope for Board Order WA-14-21, for proposed rules affecting chapters NR 660 to 679 related to technical corrections of state hazardous waste regulations.
    4. Preliminary public hearing and comment period for the Statement of Scope for Board Order WA-11-21, for proposed rules affecting chapters NR 660 to 679 to incorporate federal hazardous waste regulations promulgated since the previous authorization of the Wisconsin hazardous waste program, relating to updated test methods
  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 Board Order CF-12-19, proposed rules affecting Chapter NR 162 related to streamlining, updating, and improving Clean Water Fund Program processes and procedures.
      (Matthew Marcum, Chief, Environmental Loans Section)
    SCOPE STATEMENTS (Citizen Testimony and Written Comment Welcome)
    1. Request approval of the Statement of Scope for Emergency Board Order DG-07-22(E) and Board Order DG-08-22 and conditionally approve the public hearing notice for DG-08-22 and notice of submittal of proposed rules to the Legislative Council Rules Clearinghouse, for proposed rules affecting chapter NR 812 related to allowing for the use of new cement formulations for the construction of water wells
      (Marty Nessman, Private Water Supply Section Chief)
    2. Request approval of the Statement of Scope for Board Order WW-06-22 and conditionally approve the public hearing notice for Board Order number WW-06-22 and notice of submittal of proposed rules to the Legislative Council Rules Clearinghouse for proposed rules affecting chapters NR 320, 323, 326, 328, and 329 related to structures in navigable waterways.
      (Kyle McLaughlin, Waterway Team Coordinator)
    3. Request approval of the Statement of Scope for Board Order AM-05-22 and conditionally approve the public hearing notice and notice of submittal of proposed rules to the Legislative Council Rules Clearinghouse, for proposed rules affecting chapter NR 439 to simplify, reduce, modernize, and make more efficient reporting, recordkeeping, testing, inspection and determination of compliance requirements for sources of air contaminants.
      (Maria Hill, Enforcement & Emission Section Chief)
    4. Request approval of the Statement of Scope for Board Order FH-10-22 and Emergency Board Order FH-09-22 (E), and conditionally approve the public hearing notice for Board Order number FH-10-22 and notice of submittal of proposed rules to the Legislative Council Rules Clearinghouse for proposed rules affecting chapters NR 20 and 26 related to fish refuge establishment.
      (Meredith Penthorn, Fisheries Management Policy Specialist) (added 9/16/22)
  5. OPEN FORUM (Testimony that pertains to topics not on the meeting agenda or not in litigation) – at approximately 10:15 a.m. or following break. Please refer to pages 4 and 5 of agenda for required pre-registration information and protocol.)
    1. INFORMATION ITEMS (Written Comment Welcome)
      1. Wolf population monitoring and winter 2021-22 wolf population estimate.
        (Randy Johnson, Large Carnivore Specialist)
    2. DEPARTMENTS SECRETARY'S MATTERS
      1. Retirement Recognition - Action
        1. Paul R. Stearns, Forestry, 25 years
      2. Department Secretary's Matters - Informational
        1. Acts of the Department Secretary - Real Estate Transactions
        2. Update on DNR State Budget Request
          a. State Supplemental Budget, Paul Neumann
          b. Capital Budget, Terry Bay
        3. Department Secretary’s Matters
          a. Sandra Dee Naas Report
        4. Planning Status Update - None
    3. BOARD MEMBERS' MATTERS
      1. Approval of the 2023 Natural Resources Board Meeting Dates

     

    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 http://dnr.wi.gov/about/nrb/agenda.html 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 public is encouraged to watch the Board meeting via YouTube here: https://youtu.be/V-Pp-skgBVk

    After each meeting, the webcast will be permanently available on demand at https://dnrmedia.wi.gov/main/Catalog/Full/9da0bb432fd448a69d86756192a62f1721

    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 auto-generated 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 (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. 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 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, you may lose your opportunity to testify. 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 October 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, September 21, 2022

    The DNR strives to ensure the comfort and safety of staff and visitors by encouraging a fragrance-free environment. Our chemically sensitive staff and visitors thank you for refraining from using scented products.

    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.