June2009 by cuiliqing

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									                   BOARD OF WATER AND SOIL RESOURCES
                         520 LAFAYETTE ROAD N.
                        ST. PAUL, MINNESOTA 55155
                        WEDNESDAY, JUNE 24, 2009



BOARD MEMBERS PRESENT:
Gordy Behm, Paul Brutlag, Bob Burandt, Wayne Edgerton, DNR; Quentin Fairbanks,
Rebecca Flood, MPCA; Randy Kramer, Paul Langseth, Linda Bruemmer, MDH; Tom
Loveall, Brian Napstad, Faye Sleeper, U of M Extension; Louise Smallidge, Gene
Tiedemann, LuAnn Tolliver


BOARD MEMBERS ABSENT:
Joe Martin, MDA
John Meyer


STAFF PRESENT:
Mary Jo Anderson, Travis Germundson, Jim Haertel, Ryan Hughes, John Jaschke, Al
Kean, Julie Klocker, Les Lemm, Kevin Lines, Jeremy Maul, Michelle Schaefers, Ron
Shelito, Sarma Stramanius, Dave Weirens, Tom Wenzel, Marcey Westrick, Wayne
Zellmer


OTHERS PRESENT:
Sandy Hooker, MAT
Lance Yohe, RRBC
        BWSR Meeting Minutes
        June 24, 2009
        Page Two


        Chair Kramer called the meeting to order at 9:00 a.m.

        PLEDGE OF ALLEGIANCE

**      ADOPTION OF AGENDA – Chair Kramer stated that a few adjustments will be made in
09-39   the order of the agenda. New Business item #1, Proposed Wetland Conservation Rule
        will be agenda item #6; item #2, Appeal Fee Schedule will be agenda item #7; and
        agenda item #7, FY10 Clean Water Fund Program Targeted Non-Point Restoration
        Technical Assistance and Engineering Project Funding Authorization will be moved to
        item #1. Moved by Louise Smallidge, seconded by Paul Langseth, to approve the
        agenda as amended. Motion passed on a voice vote.

**      MINUTES OF MAY 27, 2009 – Moved by Paul Langseth, seconded by Louise Smallidge,
09-40   to approve the minutes of May 27, 2009, as circulated. Motion passed on a voice vote.

        REPORTS
        Chair’s Report – Randy Kramer reported that he attended the Environmental Quality
        Board (EQB) meeting on June 18. The EQB adopted Phase 2 of the shoreland
        ordinance. There has been lots of discussion on this issue, not without controversy. The
        next EQB meeting is scheduled for September; full board meetings are now held
        quarterly; with commissioners meeting monthly. Chair Kramer reported that Bob Patton
        is now the half-time EQB Executive Director; he continues working half-time with the
        Department of Agriculture.

        Chair Kramer asked that Board Members submit their expense reports immediately as
        they are due by the end of month. Chair Kramer asked Mary Jo Anderson to also send
        Board Members a reminder notice tomorrow via e-mail.

        Executive Director’s Report – John Jaschke commented on articles in the “BWSR
        Snapshots”. John briefly explained that the Legislature passed new language this
        session regarding conducting meetings electronically, effective August 1, 2009.

        John reported that he met individually with new board members Tom Loveall and John
        Meyer for orientation purposes. John attended the MAT Legislative and Research
        Policy Committee meeting on June 8th. John will attend the MAWD Summer Tour on
        June 26 in Albert Lea. John will attend the Minnesota Ag Water Resources Coalition
        meeting in Mankato on June 25th. John reported that he has been communicating with
        the Red River Basin Commission; the Board will take action on the regional flood
        solutions grant today. John reported that special federal EQIP funding for ring dikes is
        available in the Red River Valley, and will continue to pursue other funding. John
        reported that Julie Klocker will attend a Legislative Forum Conference on June 25-27, in
BWSR Meeting Minutes
June 24, 2009
Page Three


Winnipeg; Julie will speak on dedicated funding for water quality. John reported that the
WCA/Swampbuster Fact Sheet is now in place for producers, the next step is to
develop an MOU for federal and state identification and mitigation of wetlands, and
possibly incorporate into WCA rules. Board members will receive a copy of the fact
sheet.

Dispute Resolution Committee – Travis Germundson reported that there are currently
17 appeals. A new restoration order appeal was received from Brown County. Travis
reported that the City of Woodbury has directed their attorney to file an appeal with the
Court of Appeals to contest the Board’s May 27, 2009 decision on the Order for the
Enlargement of the Valley Branch Watershed District and enlargement and increase in
the number of managers of the South Washington Watershed District within an area
previously managed by the Lower St. Croix WMO (which has been dissolved).

LuAnn Tolliver stated that the Wetlands Committee requests that a status and resolution
column be included in Travis’ DRC report. Travis will provide that.

Wetlands Committee – LuAnn Tolliver reported that the Wetlands Committee met on May
22, June 18 and June 23; items to be considered later today on the agenda.

Grants Program & Policy Committee – Louise Smallidge reported that the Grants
Program and Policy Committee met on June 18; there are12 items to be considered later
today on the agenda.

Public Relations, Outreach & Strategic Planning Committee – Brian Napstad reported
that the Public Relations, Outreach & Strategic Planning Committee has not met; the
Strategic Plan was the Committee’s last main project. Staff are meeting to review the
scope and charter of the Committee, additional oversight efforts will be included; the
Committee will schedule a meeting as needed.

RIM Reserve Planning Committee – Paul Brutlag reported that due to the state and
federal agencies’ partnership, Minnesota has received the most WRP funds. Kevin Lines
reported that 233 eligible applications were received, just under 19,000 acres requested;
$58M in requests. $1.3M of carryover from Phase 1, with 750 acres to complete. Kevin
stated that there is $12.7M RIM available statewide to allocate to 115 applications; 13,000
total in easement acres. Kevin recognized the partnership with BWSR and NRCS; looking
at leveraging WRP funds. Kevin recognized the efforts of NRCS staff Tim Koehler, Mark
Oja, Myron Taylor, and John Corrigan. Kevin recognized BWSR staff Tom Wenzel and Tim
Fredbo on their efforts, and the tremendous amount of work at the local delivery system.
Chair Kramer thanked staff for their efforts.
        BWSR Meeting Minutes
        June 24, 2009
        Page Four


        Administrative Advisory Committee – Randy Kramer stated that the Administrative
        Advisory Committee did not meet this month.


        COMMITTEE RECOMMENDATIONS
        Southern Water Planning Committee
        Waseca County Local Water Management Plan Update – Paul Langseth reported
        that the Southern Water Planning Committee reviewed the Waseca County Local Water
        Management Plan Update and recommends approval of the Plan for 2009-2018.
**      Moved by Paul Langseth, seconded by Brian Napstad, to approve the Waseca County
09-41   Local Water Management Plan Update. Motion passed on a voice vote.


        NEW BUSINESS
        FY10 Clean Water Fund Program Targeted Non-Point Restoration Technical
        Assistance and Engineering Project Funding Authorization – Julie Klocker reported
        that the Clean Water Fund appropriation was made for targeted non-point restoration
        technical assistance and engineering and Federal Section 319 funds could be applied for a
        local match through the MPCA review process. Julie stated that an urgency exists as
        applications need to be submitted to MPCA by July 15. Julie reported that the Grant
        Program & Policy Committee met on June 18th and made the following recommendation: 1)
        that up to $1,250,000 from the Clean Water Fund targeted non-point restoration technical
        assistance and engineering appropriations be designated to leverage the currently
        available Federal Section 319 Funds; and 2) staff to coordinate with MPCA and
        communicate to local government project sponsors that said funds are available for up to
        20% of the total project costs for the technical assistance and engineering portion of
        Section 319 implementation grant applications that are approved for funding; and 3) staff to
        participate in the Federal Section 319 project evaluation, selection and validation process
        and enter into grant agreements with the local government unit project sponsors or partners
        for the non-point restoration technical assistance and engineering components of the
**      selected projects. Moved by Louise Smallidge, seconded by Paul Langseth, to approve the
09-42   FY10 Clean Water Fund Program Targeted Non-Point Restoration Technical Assistance
        and Engineering Project Funding Authorization. Discussion followed. Motion passed on a
        voice vote.

        FY 2010 SWCD Base Grant Allocations
        State Cost-Share Base Grants - Wayne explained that the Grants Program and Policy
        Committee recommends approval of the State Cost-Share Base Grants to be allocated
        according to Alternative #1 and that performance increases be suspended for FY11 due
        to such limited funding. The Committee also recommends allowing SWCDs, with Board
        Conservationists approval, to use all or part of their allocation for technical assistance
        BWSR Meeting Minutes
        June 24, 2009
        Page Five


        when: 1) Federal funds will be leveraged and the couldn’t do the project otherwise; or 2)
        Funds are used on a project(s) that is State Cost-Share Program or EQIP eligible and
        their 2008 Financial Report indicates less than an 18-month fund balance.
**      Moved by Louise Smallidge, seconded by Quentin Fairbanks, to approve the State
09-43   Cost-Share Base Grants (Alternative #1); authorizing staff to allocate $1,145,743 to
        eligible SWCDs as presented. Motion passed on a voice vote.

        General Services Grants - Wayne explained that the Grants Program and Policy
        Committee recommends approval of the General Services Grants (Alternative #1).
**      Moved by Louise Smallidge, seconded by Paul Langseth, to approve the General
09-44   Services Grants (Alternative #1); authorizing staff to allocate $2,086,078 to SWCDs as
        presented. Motion passed on a voice vote.

        Easement Services Grants - Wayne explained that the Grants Program and Policy
**      Committee recommends approval of the Easement Services Grants. Moved by Louise
09-45   Smallidge, seconded by Quentin Fairbanks, to approve the Easement Services Grants;
        authorizing staff to allocate $344,993 to SWCDs as presented. Motion passed on a
        voice vote.

        Non-Point Engineering Assistance (NPEA) Base Grants - Wayne explained that the
        Non-Point Engineering Assistance (NPEA) Base Grants are allocated annually to the
        NPEA (TSA) Joint Powers Boards for the purpose of providing technical assistance to
        landowners to apply conservation practices. The Legislature appropriated $1.06M for
        FY10. The Grants Program & Policy Committee recommends approval of the FY10
**      NPEA Base Grants. Moved by Louise Smallidge, seconded by Rebecca Flood, to
09-46   approve the Non-Point Engineering Assistance Base Grants; authorizing staff to
        allocate $1,060,000 to JPBs as presented. Motion passed on a voice vote.

        FY 2010 Natural Resources Block Grant (NRBG) Allocations – Wayne Zellmer
        explained that the NRBG are administered by BWSR, providing assistance to local
        governments to implement the State natural resource programs of Comprehensive
        Local Water Management, the Wetland Conservation Act, the DNR Shoreland
        Management, the MPCA County Feedlot, and the MPCA Subsurface Sewage
        Treatment Systems. Wayne reported that the Grants Program & Policy Committee
        recommends approval of the following FY10 Natural Resources Block Grants:

              Local Water Management (LWM)              $1,559,817
              Wetland Conservation Act (WCA)            $2,171,973
              DNR Shoreland Management                  $ 429,926
              MPCA County Feedlot                       $1,839,857
              MPCA SSTS                                  $ 863,997
        BWSR Meeting Minutes
        June 24, 2009
        Page Six


**      Moved by Louise Smallidge, seconded by Bob Burandt, to approve the NRBG allocations;
09-47   authorizing staff to allocate the appropriate individual grant amounts to counties meeting
        the NRBG Program requirements as determined by BWSR, MPCA, and DNR staff, as
        presented. Discussion followed. Brian Napstad questioned the WCA formula noting the
        time required for wetland banking applications, and the need to examine the formula so
        it compensates all of the activities within WCA. John Jaschke stated that the Grants
        Program & Policy Committee will look at the formula and allocation, and make sure it is
        up-to-date. Motion passed on a voice vote.

        FY 2010 Farm Bill Assistance Grants – Wayne Zellmer explained that the Farm Bill
        Assistance Grant Program is administered by BWSR, providing grants to SWCDs for
        hiring staff to accelerate implementation of the Federal Farm Bill as well as other state
        and local conservation projects that involve grasslands and wetlands. Wayne reported
        that the Grants Program & Policy Committee recommends approval of the FY10 Farm
**      Bill Assistance Grant. Moved by Louise Smallidge, seconded by Paul Langseth, to
09-48   approve the FY10 Farm Bill Assistance Grant and authorize staff to allocate $710,000
        according to the Board’s policies. Discussion followed. Motion passed on a voice vote.

        Chair Kramer called for a break in the meeting at 10:35 a.m. The meeting reconvened
        at 10:50 a.m.

        Red River Basin Commission - Regional Flood Solutions Grant – John Jaschke
        explained that the 2009 Legislature appropriated $500,000 to the Red River Basin
        Commission for planning and flood response issues in conjunction with an equal
        appropriation from North Dakota. John introduced Lance Yohe, Executive Director of the
        RRBC. John reported that the Grants Program & Policy Committee recommends
        approval of the work plan; and authorizes staff to:
               1. Develop agreements with the RRBC related to Minnesota 2009 legislative
                  appropriation and coordinate such agreements and related work with the
                  North Dakota State Water Commission, and
               2. Oversee implementation of the workplan for Phase I in conjunction with the
                  North Dakota State Water Commission, and
               3. Authorize, in conjunction with the North Dakota State Water Commission,
                  RRBC efforts to:
                      a. develop and conduct a survey of flood damage and prevention needs,
                         opportunities, obstacles and ideas, and
                      b. develop, as needed, a Request for Proposals (RFP) for consulting
                         services for evaluation of the survey results and potential follow-up,
                         and
        BWSR Meeting Minutes
        June 24, 2009
        Page Seven


                     c. conduct or contract for analysis of past plans, assessments and
                         recommendations, and
                     d. develop an RFP for Phase II and related tasks toward completion of
                         the project, and
              4. Authorize expenditures for Phase I up to $200K and the remainder for Phase
                 II activities in conjunction with the North Dakota State Water Commission.
              5. Report progress on the project to the Board at least every six months.

        Lance explained the expenditures for Phase I (what should be done) up to $200K and the
        remainder for Phase II (how to make it happen) activities in conjunction with the North
**      Dakota State Water Commission. Moved by Quentin Fairbanks, seconded by Paul
09-49   Brutlag, to approve the Grants Program & Policy Committee’s recommendation. John
        stated that the Legislation requires a report back to the legislature. BWSR will allocate
        money and require a progress report at least every six months. Motion passed on a voice
        vote.

        Proposed Wetland Conservation Rule – Dave Weirens distributed a WCA permanent
        rulemaking chronology. Les Lemm provided comments from the public hearings that
        were held in April and May; and the proposed changes. Dave distributed and explained
        the response to the ALJ report. Dave reported that the Wetlands Committee met on
        June 23, 2009, and recommends adoption of the rule. Dave explained the series of
        steps to be followed regarding the WCA final rule; BWSR’s targeted date of July 27,
        2009, to submit notice of adoption of rule amendments to the State Register. The
        amended rule to be published in the State Register August 2009, the rules are effective
**      five days after publishing. Moved by LuAnn Tolliver, seconded by Paul Brutlag, to
09-50    approve the Wetlands Committee recommendation to adopt the WCA rules as
        published in the State Register with changes noted; and to authorize staff to proceed
        with the final steps to complete the rulemaking process.

        LuAnn thanked staff for keeping the lines of communication open, and for the excellent
        job of moving the process along. She thanked the Wetlands Committee for their
        flexibility in meetings. Discussion followed. Quentin Fairbanks commented on the
        wetland issues in International Falls. John Jaschke stated that he and the District
        Engineer from the USACOE will be going to International Falls to discuss the wetland
        issues. Brian Napstad thanked staff for their efforts in reordering the WCA rule. Dave
        commended Les Lemm for all his great work. Les credited the staff rule team for their
        role in the effort of reorganizing this huge undertaking. Chair Kramer noted that no one
        signed-up to provide testimony at today’s Board meeting. Motion passed on a voice
        vote. Chair Kramer thanked staff and the Wetlands Committee, and LuAnn Tolliver for
        her diligence and leadership in chairing the Wetlands Committee.
        BWSR Meeting Minutes
        June 24, 2009
        Page Eight


        Appeals Fees Schedule – Dave Weirens explained that BWSR is required by law to
        establish a fee schedule to defray the administrative costs of appeals made to the
        Board. This is non-refundable fee. Dave reported that the Wetland Committee
        recommends approval of the following: 1) Increase the administrative filing fee for
        appeals to $500; 2) require this fee for appeals filed after August 1, 2009; and 3) review
**      the fee and protocols for reimbursing the prevailing party within two years. Moved by
09-51   LuAnn Tolliver, seconded by Louise Smallidge, to approve Wetlands Committee
        recommendation of the fee schedule as presented. Discussion followed. Quentin
        asked about a waiver process for fees. John Jaschke stated that in the new proposed
        rule there is the ability to extend the appeal process which might help with the waiver
        issue. Brian Napstad questioned the protocols for reimbursement. LuAnn Tolliver
        stated that the Wetlands Committee reviews the protocols. Motion passed on a voice
        vote.

        Paul Brutlag commented on the budgetary burden for LGUs for ag exemption enforcement
        issues which is related to the NRBG formula discussed earlier.

        AGENCY REPORTS
        Minnesota Department of Health (MDH) – Linda Bruemmer reported that MDH is
        working with BWSR staff to develop new language and review data for implementing
        and prioritizing RIM easement lands for wellhead protection.

        Minnesota Department of Natural Resources (DNR) – Wayne Edgerton distributed a
        factsheet on Minnesota’s “Working Lands for Wildlife Initiative” and also a map showing
        the targeted counties in the State for Board Members’ information. Wayne stated that
        Tabor Hoek is working half time with BWSR and DNR on this effort. Wayne stated that
        DNR is working on the ash borer infestation.

        Minnesota Extension Service – Faye Sleeper explained that the Water Resources
        Center received Clean Water funding, but needs to know how to get the funding into the
        University. Co-Director Deb Swackhamer, has established teams and a large
        stakeholder component to get this effort more formalized, contact Deb or Faye with
        questions on this effort.

        Minnesota Pollution Control Agency (MPCA) – Rebecca Flood reported that MPCA
        is in the process of rulemaking for Air and Water; there will be changes in discharge
        fees. MPCA is in the process of developing revisions on non-degradation rules.
        Rebecca reported that MPCA will be placing on public notice feedlot applications
        beginning in July. MPCA is beginning interagency meetings on Clean Water Funding,
        teams are looking at proposals and outcomes as the funding comes through agencies
        to LGUs.
        BWSR Meeting Minutes
        June 24, 2009
        Page Nine


        John stated that there has been a pilot program for construction site stormwater permit
        funding for LGUs to interface with landowners; due to budget reductions MPCA will not
        be able to continue that program.

        UPCOMING MEETINGS
           August Board Meeting and Tour – August 26-27, 2009, Winona
            John stated that Mary Jo Anderson is in the process of planning logistics and
            information will be provided to Board Members as plans are finalized.
            Accommodations have been made at the Holiday Inn Express in Winona.
           Southern Water Planning Committee – August 25, 2009 @ 5:00 p.m., in Austin
           Grants Program & Policy Committee – August 25, 2009 @ 7:00 p.m. in Winona


**      Moved by Louise Smallidge, seconded by Quentin Fairbanks, to adjourn the meeting at
09-52   12:30 p.m. Motion passed on a voice vote.

        Respectfully submitted,




        Randy Kramer
        Chair

								
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