December 2019 agenda and meeting materials

Public Participation Deadline: NRB Liaison receipt of your request to testify and/or written comment is 11:00 a.m. on Friday, December 6, 2019.

NOTICE IS HEREBY GIVEN that the Natural Resources Board meeting will convene at 2:00 p.m. on Tuesday, December 10, 2019, in Room G09, State Natural Resources Building (GEF 2), 101 South Webster Street, Madison, Wisconsin. The Board will act on items 1 and 2 as listed on the Agenda.

NOTICE IS FURTHER GIVEN that the Wisconsin Natural Resources Board meeting will convene at 8:30 a.m. on Wednesday, December 11, 2019, 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, December 11, 2019, the Wisconsin Natural Resources Board will have lunch in Room G27a. No Board business will be discussed. - DELETED

NOTICE IS FURTHER GIVEN that approximately noon on Wednesday, December 11, 2019, the board may convene in closed session under the authority of s.19.85(1)(g), Wis. Stats., to confer with legal counsel regarding current litigation involving the Sauk Prairie Recreation Area Master Plan. - ADDED

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

Tuesday, December 10, 2019

1. ORGANIZATIONAL MATTERS
   1. Calling the roll
   2. Approval of agenda for December 10-11, 2019
2. ACTION ITEMS
   ADOPTION (Citizen Testimony and Written Comments Welcome)
   SCOPE STATEMENTS (Citizen Testimony and Written Comment Welcome)
   MISCELLANEOUS (Citizen Testimony and Written Comment Welcome)
   1. Request adoption of Board Order CF-19-17, proposed rules affecting chapters NR 45 and 65 related to off-highway motorcycles
      (Brigit Brown, Parks and Recreation Management Section Chief)
      PowerPoint Presentation
   2. Request adoption of Board Order WY-19-14, proposed rules creating chapter NR 111 related to cooling water intake structures
      (Jason Knutson, Wastewater Section Chief)
      PowerPoint Presentation
   3. Board Order WA-11-15
      1. Request that the Board take from the table and consider Board Order WA-11-15, proposed rules affecting chapter NR 538 related to the beneficial use of high-volume industrial waste by-products
         (Joe Van Rossum, Waste and Materials Management Program Director)
      2. Request adoption of amended Board Order WA-11-15, proposed rules affecting chapter NR 538 related to the beneficial use of high-volume industrial waste byproducts
         (Joe Van Rossum, Waste and Materials Management Program Director)
         PowerPoint Presentation
   4. Request approval of the Statement of Scope for Board order WT-19-19 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 151 and 243, Wis. Adm. Code, related to targeted performance standards and prohibitions to abate pollution of groundwater by nitrate in sensitive areas
      (Brian Weigel, Runoff Management Deputy Director)
      Remote citizen testimony will be available on this item at the Green Bay Service Center, 2984 Shawano Avenue, Green Bay. Please refer to page 7 of agenda for required pre-registration information and protocol. - MODIFIED
      Written Comments
      PowerPoint Presentation
   5. Request approval of the Statement of Scope for Board Order WA-11-19 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 502 and 520 and creation of chapter NR 530, related to implementing electronics recycling program requirements
      (Kate Strom Hiorns, Recycling and Solid Waste Section Chief)
   6. Request approval of the Winnebago Walleye Management Plan
      (Adam Nickel, Fisheries Biologist)
      PowerPoint Presentation
3. INFORMATION ITEMS (Written Comment Welcome)
   1. Evaluating success of DNR and CDAC’s at meeting deer population objectives and discussion of herd management options
      (Kevin Wallenfang, Deer and Elk Ecologist)
      PowerPoint Presentation

ORDER OF BUSINESS

Wednesday, December 11, 2019

1. ORGANIZATIONAL MATTERS
   Todd Schaller Retirement
   1. Calling the roll
2. CONSENT
   1. Approval of brief of action from October 22-23, 2019
   2. Friends of Crex will donate $287,020 to support the construction and design of a multi-purpose building at Crex Meadows Wildlife Area
      Citizen Testimony and Written Comment Welcome
      (DNR Secretary Preston Cole)
   3. Maggie Jones will donate stock valued at approximately $72,500 to support the Wisconsin Bat Program as they monitor and manage Wisconsin bat populations
      Citizen Testimony and Written Comment Welcome
      (DNR Secretary Preston Cole)
   4. Walleyes for Tomorrow will donate $50,000 to support additional WDNR Law Enforcement activities on the Minocqua Chain of Lakes for the Walleye Zero Bag Project
      Citizen Testimony and Written Comment Welcome
      (DNR Secretary Preston Cole)
   5. The Natural Resources Foundation of Wisconsin will donate $50,000 to support the Natural Heritage Conservation Program for management of State Natural Areas at 15 specific areas
      Citizen Testimony and Written Comment Welcome
      (DNR Secretary Preston Cole)
   6. Orbridge, LLC will donate $45,000 to be used to plant 100,000 tree seedlings on Wisconsin State Forests and other DNR owned lands
      Citizen Testimony and Written Comment Welcome
      (DNR Secretary Preston Cole)
   7. The Friends of Rock Island State Park will donate the replacement of deck boards and supports on the boat house valued at $30,000 to replace old and deteriorating deck boards and supports on the historic Rock Island Boathouse in Rock Island State Park on Washington Island in Door County
      Citizen Testimony and Written Comment Welcome
      (DNR Secretary Preston Cole) - MOVED TO 3.A.
   8. Request authorization of a preliminary public hearing and comment period for the Statement of Scope for Board Order WA-17-18, proposed rules affecting chapters NR 500 to 520 related to coal combustion residual landfills and surface impoundments
      Written Comment Welcome
      (Kate Strom Hiorns, Recycling and Solid Waste Section Chief)
3. DISCUSSION AND POSSIBLE ACTION CONCERNING ITEMS REMOVED FROM THE CONSENT AGENDA
   1. (2.G.) The Friends of Rock Island State Park will donate the replacement of deck boards and supports on the boat house valued at $30,000 to replace old and deteriorating deck boards and supports on the historic Rock Island Boathouse in Rock Island State Park on Washington Island in Door County
      Citizen Testimony and Written Comment Welcome
      (DNR Secretary Preston Cole) - MOVED FROM 2.G.
4. ACTION ITEMS
   ADOPTION (Citizen Testimony and Written Comment Welcome)
   MISCELLANEOUS (Citizen Testimony and Written Comment Welcome)
   1. Lake Superior Fishery
      1. Informational Update on Lake Superior Fisheries Management
         Written Comment Only
         (Brad Ray, Lake Superior Fisheries Supervisor)
         PowerPoint
      2. Request adoption of Emergency Board Order FH-28-19(E) and Board Order FH-02- 18, proposed rules affecting chapter NR 25 related to harvest management regulations in the Lake Superior fishery
         (Brad Ray, Lake Superior Fisheries Supervisor)
         PowerPoint
   2. Request adoption of Board Order FH-10-15, proposed rules affecting chapter NR 25 related to commercial fisheries of lake whitefish in Lake Michigan
      (Tom Meronek, Fisheries Team Supervisor)
      PowerPoint
   3. Request adoption of Board Order WT-17-12, proposed rules revising chapter NR 102 and creation of chapter NR 119 related to establishing a process for developing site-specific numeric phosphorus water quality criteria for surface waters
      (Marcia Willhite, Water Evaluation Section Chief)
      PowerPoint
   4. Request adoption of Board Order WY-23-13, proposed rules affecting chapter NR 102 related to the processes for waterbody assessments and impaired waters listing, biological criteria for water quality standards, and biological confirmation of phosphorus impairments
      (Marcia Willhite, Water Evaluation Section Chief)
      PowerPoint
   5. Request adoption of Board Order WM-01-19, proposed rules affecting chapter NR 10 related to black bear management
      (Scott Karel, Wildlife Management Regulation Policy Specialist)
   6. Request adoption of Board Order WM-04-19, proposed rules affecting chapter NR 10 related to eliminating night hunting restrictions for raccoons
      (Scott Karel, Wildlife Management Regulation Policy Specialist)
      PowerPoint
   7. Request approval of the 2020-2030 Ruffed Grouse Management Plan
      (Mark Witecha, Upland Wildlife Ecologist and Farm Bill Specialist)
      PowerPoint
   8. Request adoption of Board Order WM-17-19, proposed rules affecting NR 10 related to ruffed grouse management
      (Scott Karel, Wildlife Management Regulation Policy Specialist)
   9. Land Acquisition – Governor Knowles State Forest – Polk County
      (Jim Lemke, Real Estate Section Chief)
   10. Land Donation – Willow River State Park – St. Croix 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. Remote testimony also will be available from the DNR Service Center, 2984 Shawano Avenue, Green Bay. Please refer to pages 6-7 of agenda for required pre-registration information and protocol.
6. INFORMATION ITEMS (Written Comment Welcome)
   1. Aquaculture in Wisconsin: Results from a Statewide Survey of Fish Farmers
      (Scott Loomans, Fish, Wildlife, and Parks Division Administrator, and Bret Shaw, Associate Professor, UW-Madison Division of Extension)
      PowerPoint
      Handout
7. DEPARTMENT SECRETARY’S MATTERS
   1. RETIREMENT RECOGNITION - Action
      1. Patrick J. Dwyer, Technology Services, 18 years
      2. David Estano, Air Management, 36 years
      3. Russell A. Rasmussen, Administration, 27 years
   2. DEPARTMENT SECRETARY’S MATTERS – Informational
      1. Acts of the Department Secretary – Real Estate Transactions
      2. Department Secretary’s Matters
      3. Planning Status Update
         1. Blue Mound State Park Master Plan Management Alternatives
         2. Western Prairie Regional Master Plan
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.

Board Meetings are now 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.

Remote testimony protocol: In addition to testifying at the Board meeting, remote testimony on item 5. – Open Forum is offered at DNR Service Center, 2984 Shawano Avenue, Green Bay for the December meeting. Official meeting location of the Board will be at 101 S. Webster Street, Room G09, Madison. You must be preregistered to testify. Those that do not preregister will not have the opportunity to testify.

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 at either location, you may lose your opportunity to testify. Each speaker will have three minutes to give their testimony.

2020 Open Forum remote presentation opportunities are planned for the following DNR locations (schedule is subject to change):

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 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 and/or written comment is 11:00 a.m. on Friday, December 6, 2019

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.