NRB_Content Page_September 2023 agenda and meeting materials

September 2023 Agenda and Meeting Materials

Wisconsin Natural Resources Board

September 2023 Natural Resources Board agenda. This is the official agenda.

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, Sept. 20, 2023. 

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:

https://youtube.com/live/XPOfGQ9OJrc

WISCONSIN NATURAL RESOURCES BOARD

AGENDA

For meeting at:
Manitowish Waters Community Center/Town Hall
5733 Hwy 51
Manitowish Waters, WI 54545

Tuesday, Sept. 26, 2023
Wednesday, Sept. 27, 2023

NOTICE IS FURTHER GIVEN that on Tuesday, Sept. 26, 2023, 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 11:00 a.m., the Board will arrive at Bartling’s Manitowish Cranberry Company, 13141 Man Cran Lane; Manitowish Waters, WI 54545, for a walking tour. 2) At approximately 12:20 p.m., the Board will arrive at North Lakeland Discovery Center, 14006 Discovery Lane; Manitowish Waters, WI 54545, for lunch with a presentation on healthy watersheds and high-quality waters along with the DNR partnership with Northwoods Land Trust, a facility tour, and additional presentations on topics that include an overview of the Northern Highland American Legion State Forest focused on DNR program collaboration as well as forestry and water quality best management practices with a final presentation on recreational trail development in the Manitowish Waters area and the local economic impact. 3) At approximately 3:30 p.m., the board will depart for an optional biking tour of the Manitowish Waters Loop on the Heart of the Vilas Bike Trail System. The Tuesday tours will end at approximately 5 p.m. No action will be taken.

NOTICE IS FURTHER GIVEN that on Tuesday, Sept. 26, 2023, at approximately 6:00 p.m., Wisconsin Natural Resources Board members will meet at Little Bohemia Lodge, 142 Hwy 51 South; Manitowish Waters, WI 54545, for a social hour and dinner. 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, Sept. 27, 2023, at the Manitowish Waters Community Center & Town Hall, 5733 Hwy 51; Manitowish Waters, WI 54545. The Board will act on items 1-4 and 7 as listed on the agenda. In-person overflow public viewing of the Wisconsin Natural Resources Board meeting will be available at North Lakeland Discovery Center, 14006 Discovery Lane; Manitowish Waters, WI 54545

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. Secretary’s Remarks
    3. Approval of agenda for Sept. 27, 2023
  1. CONSENT
    1. Approval of brief of action from Aug. 9, 2023
    2. Acknowledgment of Donation - The Friends of Copper Falls State Park will donate a newly constructed building valued at $250,000 to Copper Falls State Park, located in Ashland County. This donation of a completed building project includes construction of the building and accompanying site infrastructure. The Friends of Copper Falls State Park will be responsible for all project fundraising, design, project coordination and construction of the project, donating a completed project to the Department
      (Adam Payne, Department Secretary)
    3. Acknowledgment of Donation - The Friends of Willow River and Kinnickinnic State Parks will donate several pieces of heavy equipment valued at approximately $92,000 to Willow River State Park and Kinnickinnic State Park. This donation includes a skid steer, a brush chipper, and a UTV with tracks and a cab kit. This equipment serves a critical business need and will be used to ensure safe operation of both properties
      (Adam Payne, Department Secretary)
    4. Acknowledgment of Donation - Andrew F. Bell & Edith M. Bell Charitable Trust will donate $40,281.50. This donation will be used to provide $20,140.75 for continued support of endangered resources priorities and will provide $20,140.75 to fund activities associated with wetland habitat
      (Adam Payne, Department Secretary)
    5. Request that the Board authorize a preliminary public hearing and comment period for the Statement of Scope for Emergency Board Order FH-11-23 (E) and Board Order FH-12-23, for proposed rules affecting chapters NR 20 and 25, related to Lake Superior cisco and lake trout regulations
      (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 WM-05-23, for proposed rules affecting chapter NR 10 related to elk management
      (Scott Karel, Wildlife Regulation Policy Specialist)
  1. DISCUSSION AND POSSIBLE ACTION CONCERNING ITEMS REMOVED FROM THE CONSENT AGENDA
  2. ACTION ITEMS
    Adoption (Citizen Testimony and Written Comment Welcome)
    1. Request adoption of Board Order AM-05-21, proposed rules affecting chapter NR 428 related to revisions to nitrogen compound emissions regulations
      (Kristin Hart, Air Management Field Operations Director)
    2. Request adoption of Board Order WY-13-20, proposed rules affecting chapters NR 102, 103, 106, 207, 212 and 216 related to updating Wisconsin’s water quality antidegradation policy and procedures
      (Adrian Stocks, Water Quality Program Director)
    3. Request adoption of Emergency Board Order FH-09-22 (E), proposed rules affecting chapter NR 26 related to fish refuge establishment
      (Bradley Eggold, Great Lakes District Fisheries Supervisor)
    SCOPE STATEMENTS (Citizen Testimony and Written Comment Welcome)
    1. Request that the Board approve the Statement of Scope for Board Order AM-10-23 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 410 related to revising fees for reviewing air pollution control construction permit applications and exemption determination requests
      (Gail Good, Air Management Program Director)
    2. Request that the Board approve the Statement of Scope for Board Order DG-03-23 and conditionally approve the public hearing notice and notice of submittal of proposed rules to the Legislative Council Rules Clearinghouse, for proposed rules affecting Subchapter III of Chapter NR 812, to update, correct and clarify existing code requirements and add requirements for new pump installations and water treatment and other specified code requirements within chapter NR 812
      (Marty Nessman, Private Water Supply Section Chief)
    3. Request that the Board approve the statement of scope for Board Order DG-04-23, 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 146 related to water well driller, heat exchange driller, and pump installer licensing and registration, and drilling rig operator registration
      (Marty Nessman, Private Water Supply Section Chief)
    4. Request that the Board approve the Statement of Scope for Emergency Board Order FR-06-23 (E) for proposed rules affecting chapter NR 47 related to federal funding for the Urban and Community Forestry Grant Program
      (Laura Buntrock, Urban Forestry Partnership & Policy Specialist)
    OTHER APPROVALS (Citizen Testimony and Written Comment Welcome)
    1. Request approval to acquire 27.71 acres of land for the Chiwaukee Prairie-Carol Beach Natural Area (CPCBNA) in Kenosha County from the City of Kenosha Water Utility for $280,000. The subject property is part of the Kenosha Dunes and has approximately 873 feet of shoreline on Lake Michigan. The location of the subject property plays a critical role in a shoreline restoration project which will stabilize and protect the environmentally sensitive dunes, making the acquisition of the subject parcel key for this stabilization work.
      (James Lemke, Real Estate Section Chief)
    2. Request approval of department recommendations for the Lake Michigan and Green Bay total allowable commercial harvest and whitefish commercial harvest quotas
      (Bradley Eggold, Great Lakes District Fisheries Supervisor)
  1. 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.
  2. INFORMATION ITEMS
    1. WW-06-22 Rulemaking Update
      (Kyle McLaughlin, Waterways Program Coordinator)
    2. Lake Superior Commercial Fishing Update
      (Bradley Eggold, Great Lakes District Fisheries Supervisor; Craig Hoopman, Lake Superior Commercial Fishing Board Chair)
    3. The Revised Draft of 2023 Wolf Management Plan
      (Randy Johnson, Large Carnivore Specialist)
    4. Website Overview
      (Katie Grant, Communications Director; Chris Welch, IT Supervisor)
  1. DEPARTMENT SECRETARY’S MATTERS
    1. Retirement Recognition
      1. Shawn T. Eisch, Drinking Water and Groundwater, 26 years
      2. Adam Hogan, Drinking Water and Groundwater, 33 years
    2. Acts of the Department Secretary
      1. Real Estate Transactions
    3. Department Secretary’s Matters
  1. BOARD MEMBERS’ MATTERS
    1. Board Member 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:

https://youtube.com/live/XPOfGQ9OJrc

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 a.m. 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. 

Please contact Ashley Bystol, NRB Liaison, at 608-267-7420 or by email at dnrnrbliaison@wisconsin.gov with NRB related questions, to request information, submit written comments, or 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 Sept. 20, 2023.

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.

Natural Resources Board

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