October 2020 Agenda and Meeting Materials

In light of COVID-19, the Natural Resources Board will be meeting via eConference. The public will not be allowed to watch the meeting from GEF 2. 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 this link.

New this month! The public is encouraged to watch the Board meeting via Zoom Webinar at: https://zoom.us/j/93933332841
Or iPhone one-tap: US: +13017158592,,93933332841# or +13126266799,,93933332841#
Or Telephone: Dial (for higher quality, dial a number based on your current location):
US: +1 301 715 8592 or +1 312 626 6799 or +1 929 205 6099 or +1 253 215 8782 or +1 346 248 7799 or +1 669 900 6833 Webinar ID: 939 3333 2841
International numbers available: https://zoom.us/u/aqldoFuKA

If the Zoom Webinar is at capacity and you cannot join, please view the Simulcast at: https://dnr.wisconsin.gov/About/NRB/NRB-Webcasts MODIFIED

NOTICEIS HEREBY GIVEN that the Wisconsin Natural Resources Board meetingwill convene via eConference at 8:30 a.m. on Wednesday, October 28, 2020, originating from 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 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 October 27-28, 2020
2. CONSENT
   1. Approval of brief of action from September 22-23, 2020
   2. The Friends of Blue Mound State Park will donate $36,456 $25,518 to be used to install a 14.88 kW DC Solar Array on the park office at Blue Mound State Park MODIFIED
      (DNR Secretary Preston Cole)
   3. Request authorization of a preliminary public hearing and comment period for the Statement of Scope for Board Order WM-34-19, for proposed rules affecting chapter NR 10 related to elk management MODIFIED (hearing notice added)
      (Scott Karel, Wildlife Policy Specialist)
   4. The Estate of Evelyn Everts will donate $136,176.90 to be used to promote Wisconsin state fish hatcheries and state parks ADDED
      (DNR Secretary Preston Cole)
3. DISCUSSION AND POSSIBLE ACTION CONCERNING ITEMS REMOVED FROM THE CONSENT AGENDA
   1. The Natural Resources Foundation Lower Wisconsin Riverway Fund will donate $50,000 to be used to support management of 15 State Natural Areas
      (DNR Secretary Preston Cole)
   2. The Natural Resources Foundation of Wisconsin will donate $29,747.73 to be used to support wildlife habitat restoration and management activities along the Lower Wisconsin State Riverway (LWSR)
      (DNR Secretary Preston Cole)
4. ACTION ITEMS
   ADOPTION (Citizen Testimony and Written Comment Welcome)
   SCOPE STATEMENTS (Citizen Testimony and Written Comment Welcome)
   MISCELLANEOUS (Citizen Testimony and Written Comment Welcome)
   1. Postponed from August 12, 2020 meeting: Request adoption of Emergency Board Order WA-06-20(E), proposed rules creating chapter NR 159 related to regulating fir e fighting foam that contains certain contaminants
      PowerPoint Presentation
      Board Chair Handout
      (Darsi Foss, Environmental Management Division Administrator)
   2. Request approval of the Statement of Scope for Board Order AM-31-19 and conditionally approve the public hearing and notice of submittal of proposed rules to the Legislative Council Rules Clearinghouse, for proposed rules affecting chapter NR 438 related to clarifying and updating air contaminant emissions inventory reporting requirements
      (Maria Hill, Compliance, Enforcement, & Emissions Section Chief)
   3. Request approval of the Statement of Scope for Board Order WM-11-20 and conditionally approve the public hearing and notice of submittal of proposed rules to the Legislative Council Rules Clearinghouse, for proposed rules affecting chapter NR 10 related to revising white-tailed deer 3-year deer management unit boundaries
      (Scott Karel, Wildlife Policy Specialist)
   4. Request approval of the Statement of Scope for Board Order CF-12-19 and conditionally approve the public hearing and notice of submittal of proposed rules to the Legislative Council Rules Clearinghouse, for proposed rules affecting chapters NR 162, related to the Clean Water Fund Loan Program.
      (Jim Ritchie, Director, Bureau of Community Financial Assistance)
   5. Request approval of the Statement of Scope for Board Order CF-13-19 and conditionally approve the public hearing and notice of submittal of proposed rules to the Legislative Council Rules Clearinghouse, for proposed rules affecting chapters NR 166, related to the Safe Drinking Water Loan Program.
      (Jim Ritchie, Director, Bureau of Community Financial Assistance)
   6. Request approval of the Statement of Scope for Board Order FH-08-20, and conditionally approve the public hearing and notice of submittal of proposed rules to the Legislative Council Rules Clearinghouse, for proposed rules affecting chapters NR 20, related to guide licenses and reporting requirements(Meredith Penthorn, Fisheries Management Policy Specialist)
   7. Request approval of the Statement of Scope for Board Order FH-09-20, and conditionally approve the public hearing and notice of submittal of proposed rules to the Legislative Council Rules Clearinghouse, for proposed rules affecting chapter NR 20 related to fishing regulations on inland, outlying and boundary waters (the 2021 Fisheries Management Spring Hearing rule)
      (Meredith Penthorn, Fisheries Management Policy Specialist)
   8. Request approval of the Statement of Scope for Board Order FH-10-20 and Emergency Board Order FH-12-20(E), and conditionally approve the public hearing for Board Order FH-10-20 and notice of submittal of proposed rules to the Legislative Council RulesClearinghouse, for proposed rules affecting chapters NR 20 and 25, related to fish harvest in Lake Superior
      PowerPoint Presentation
      (Meredith Penthorn, Fisheries Management Policy Specialist)
   9. Easement Acquisition - Statewide All Regulatory-Wetland Mitigation Program - Waukesha County
      (Jim Lemke, Real Estate Section Chief)
   10. Easement Acquisition - Statewide All Regulatory-Wetland Mitigation Program - Columbia County
       (Jim Lemke, Real Estate Section Chief)
   11. Land Acquisition - Governor Earl Peshtigo River State Forest - Marinette County
       (Jim Lemke, Real Estate Section Chief)
   12. 1) Land Donation-Little Rice Wildlife Area-Forest County; 2) Land Donation-French Creek Wildlife Area-Columbia County; 3) Land Donati on-Lodi Spring Creek Fishery Area-Columbia County; and 4) Land Donation-Statewide Natural Area and Lower Wisconsin State Riverway-Grant County
       (Jim Lemke, Real Estate Section Chief)
5. OPEN FORUM (Testimony that pertains to topics not on the meeting agenda) - at approximately 9:45 a.m. or following break. Please refer to pages 4-5 of agenda for required pre-registration information and protocol.
6. INFORMATION ITEMS (Written Comment Welcome)
   1. DNR COVID-19 Update
      (Beth Bier, DNR Deputy Secretary)
7. DEPARTMENTS SECRETARY'S MATTERS
   1. Retirement Recognition - Action
      1. Christian W. Cold, Wildlife Management, 30 years
      2. Terry Jordan, Parks and Recreation, 24 years
   2. Department Secretary's Matters - Informational
      1. Acts of the Department Secretary - Real Estate Transactions
      2. Department Secretary's Matters - None
      3. Planning Status Update - None
8. BOARD MEMBERS' MATTERS
   1. Approval of NRB comments for letter regarding DNR budget and revenue sources
   2. Board Members' Matter

The public is welcome to attend a (face-to-face) 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 the webcast archive and click on this month’s meeting. After each meeting, the webcast will be permanently available on demand.

New this month! The public is encouraged to watch the Board meeting via Zoom Webinar at: https://zoom.us/j/93933332841
Or iPhone one-tap: US: +13017158592,,93933332841# or +13126266799,,93933332841#
Or Telephone: Dial (for higher quality, dial a number based on your current location):
US: +1 301 715 8592 or +1 312 626 6799 or +1 929 205 6099 or +1 253 215 8782 or +1 346 248 7799 or +1 669 900 6833 Webinar ID: 939 3333 2841
International numbers available: https://zoom.us/u/aqldoFuKA

If the Zoom Webinar is at capacity and you cannot join, please view the Simulcast at: https://dnr.wisconsin.gov/About/NRB/NRB-Webcasts MODIFIED 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.

Public Appearance Protocol: Only remote testimony (no face-to-face appearances) will be offered at the October 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 may be before the Board is approximately 9:45 a.m. You may lose your opportunity to testify if you are late. Each speaker will have three minutes to give their testimony.

Due to public health advisories on COVID-19, all 2020 regional meetings and tours have been cancelled and moved to Madison. Future 2020 Open Forum remote presentation opportunities may be held at the following DNR locations (schedule is subject to change):

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, October 21, 2020

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.