BOARD OF WATER AND SOIL RESOURCES 520 LAFAYETTE ROAD N. LOWER LEVEL BOARD ROOM ST. PAUL, MINNESOTA WEDNESDAY, MAY 24, 2017

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1 BOARD OF WATER AND SOIL RESOURCES 520 LAFAYETTE ROAD N. LOWER LEVEL BOARD ROOM ST. PAUL, MINNESOTA WEDNESDAY, MAY 24, 2017 BOARD MEMBERS PRESENT: Patty Acomb, Joe Collins, Jill Crafton, Jack Ditmore, Rebecca Flood, MPCA; Kathryn Kelly, Tom Landwehr, DNR; Tom Loveall, Nathan Redalen, Tom Schulz, Rob Sip, MDA; Steve Sunderland, Rich Sve, Gene Tiedemann, Gerald VanAmburg, Paige Winebarger BOARD MEMBERS ABSENT: Chris Elvrum, MDH; Neil Peterson STAFF PRESENT: Luke Anderson, Kevin Bigalke, Dan Fabian, Annie Felix-Gerth, Travis Germundson, Jenny Gieseke, Tom Gile, John Jaschke, Al Kean, Lucy Kozub, Stephen Krech, Cynthia Lane, Les Lemm, Melissa Lewis, Bill Penning, Erika Scharenbroch, Heather Staff, Carol Strojny, Doug Thomas, Kyle Uhler, Ann Wessel, Dave Weirens, Mace Wescott, Marcey Westrick, Julie Westerlund, Wayne Zellmer OTHERS PRESENT: Glenn Skuta, MPCA Jennifer Berquam, AMC BWSR Meeting Minutes May 24, 2017 Page 1

2 Chair Gerald VanAmburg called the meeting to order at 9:07 AM PLEDGE OF ALLEGIANCE ** ADOPTION OF AGENDA - Moved by Jill Crafton, seconded by Paige Winebarger, to adopt the agenda as presented. Motion passed on a voice vote. ** MINUTES OF APRIL 26, 2017 BOARD MEETING - Moved by Rich Sve, seconded by Joe Collins, to approve the minutes of April 26, 2017, as circulated. Motion passed on a voice vote. CONFLICT OF INTEREST DECLARATION Chair VanAmburg read the statement: A conflict of interest, whether actual, potential, or perceived, occurs when someone in a position of trust has competing professional or personal interests and these competing interests make it difficult to fulfill professional duties impartially. At this time, members are requested to declare conflicts of interest they may have regarding today s business. INTRODUCTION OF NEW EMPLOYEES Annie Felix-Gerth, Water Programs Coordinator Mace Wescott, Easement Acquisition Specialist Lucy Kozub, Easement Acquisition Specialist Erika Scharenbroch, Easement Acquisition Specialist Stephen Krech, Easement Acquisition Specialist Cynthia Lane, Vegetation Monitoring Assistant Kyle Uhler, Monitoring Assistant Student Worker Ann Wessel, Information Officer Chair VanAmburg and the Board members welcomed the new employees to BWSR! REPORTS Chair & Administrative Advisory Committee - Chair VanAmburg reported that there has not been an EQB meeting since last BWSR Board Meeting. He also noted that the Administrative Advisory Committee met this morning and that the June BWSR Board Meeting will likely be longer than normal. Executive Director s Report - John Jaschke reported that the Legislature was unable to complete its work on major budget bills by the end of session, however the Governor and Legislative leadership agreed to an immediate Special Session. Per the agreement, work is to be wrapped up by 7:00 am Wednesday, May 24 th. Summary provided. Environment Budget: Over the weekend, the House and Senate both passed the Environmental Omnibus bill, and it is now awaiting action by the Governor. As you may remember, he vetoed an earlier version of this bill. This version has many improvements. Included in the appropriations are all of BWSR s general fund base appropriations continued from FY15-16 and: General fund base operating increase of $1.117million, Easement stewardship base funding increase of $250,000, BWSR Meeting Minutes May 24, 2017 Page 2

3 Wetlands one-time funding of $300,000 for continued work on 404 assumption and wetland database efficiencies. Buffers language: The vetoed environment bill contained a number of policy provisions that would have significantly impacted the buffer law. Negotiations over the weekend resulted in a bill with far fewer changes and one that we think will work well for Minnesotans implementing the buffer law. Keeps the original deadlines intact - 11/1/17 for public waters and 11/1/18 for public drainage ditches Recognizes that some farmers may have hardships with meeting the date (such as weather) so added language allows for an eight-month extension for implementation if needed. The bill language says: A landowner or authorized agent that has filed a parcel-specific riparian protection compliance plan with the soil and water conservation district by November 1, 2017, shall be granted a conditional compliance waiver until July 1, Legacy: The House and Senate both passed the Legacy Conference Committee report last night, and that bill will now await action by the Governor. The bill that passed both houses included OHF and CWF funding for BWSR several projects, and included the $22 million in funding for local capacity for SWCDs. However, we are missing a provision in back in the environment bill that put SWCD funding into the General Fund base, so we will need to keep working on this next year. In the meantime, SWCDs in good standing will continue to receive capacity funding at $100,000/year. We also have a few changes to how our funding is distributed, including $5 million dollars directed to BWSR for Buffer/Alternative practice cost-sharing to SWCDs. LCCMR: Late in the evening of May 22, the House and Senate passed the LCCMR Conference Committee Report, which is now awaiting action by the Governor. The bill that passed included: $540,000 for modernization of drainage records (LCCMR recommendation) $6 million for CREP outreach and implementation (LCCMR recommendation) $2.729 million for CREP easement acquisition in FY17 (legislative addition) $5.771 million for CREP easement acquisition in FY18 (legislative addition) $5.0 million for CREP easement acquisition in FY19 (legislative addition) In total, the bill passed by the House and Senate contains $19.5 million for CREP. Bonding: Also known as Capital Investment, a new bonding bill has yet to come to the floor. Past Senate and House bonding bills included $10 million for CREP and $5 million for the Local Roads Wetland Replacement program. The House failed to pass their bonding bill in their first attempt last week. Leadership has indicated the bill they re working on is between $ million dollars. Taxes: The tax bill has agreed upon targets but is still in negotiations over details of the bill. Current indications suggest Riparian Aid support will likely be included for counties and watershed districts that accept jurisdiction to enforce the buffer law. What s next? BWSR Meeting Minutes May 24, 2017 Page 3

4 The agreed to special session directs the legislature to complete their work by 7:00 am on Wednesday May 24. We are monitoring and supporting the remainder of the negotiations specifically the Bonding, Tax and State Government bills. Once completed, the Governor will have 14 days to sign bills that are submitted to him. BWSR will provide a more detailed legislative wrap-up and FY18-19 budget overview once work in the Special Session is completed. Dispute Resolution Committee - Travis Germundson provided an update on the appeals and reported that there are presently 10 appeals pending. All of the appeals involve WCA. There has been 2 new appeals filed since the last report at the April 26 th Board Meeting. Grants Program & Policy Committee - Steve Sunderland reported that the Committee has not met since the last BWSR Board Meeting; recommendations are on the agenda later today. The next Committee meeting will be on Tuesday, June 13 th in St. Cloud. RIM Reserve Committee - Gene Tiedemann reported that the Committee has not met since the last BWSR Board Meeting. The CREP sign-up began on May 15 th. Water Management & Strategic Planning Committee - Jack Ditmore reported the Committee met last night with BWSR core staff. Review near final draft of the Strategic Plan refresh. They came to a consensus on 6 changes. Committee adopted recommendation to bring to next Board meeting. Final draft and resolution will be brought then. No meeting in June unless something comes up. Wetland Conservation Committee - Tom Schulz reported that the Committee met on May 17 th in St. Cloud; recommendations are on the agenda later today. The 2017 Wetland Mitigation Fee Policy was approved by the Board on October 27, 2016, effective June 1, Based on feedback from wetland banking outreach sessions and discussions with the BWSR Wetlands Conservation Committee, staff are proposing revisions to the policy prior to it taking effect legislation required BWSR to open all bank service areas for the Local Roads Wetland Replacement Program (LRWRP) and appropriated $5 million to address short term credit deficits. The 2017 General Fund Appropriation Short-Term Credit Acquisition Plan for the LRWRP was approved by the Board on March 22, Since that time, a Request for Proposals was issued, bids were obtained, and staff are moving forward with making credit purchases in accordance with the Board-approved plan. To date purchases of $2.4M were made, this includes $500,000 from MOOT to help them in their replacement programs which means that only $1.6M of the $SM has been spent. The purchases thus far have accumulated 80 of the 149 credits needed. Five of the banking areas had their credit shortfalls fulfilled. There are still credits needed in the MN River, Mid-Mississippi and the Lower Red River Banking areas. There are specific types of wetlands needed in these areas which complicates getting correct offers to sell from Wetland Bank owners. Staff updated the committee on progress analyzing the potential assumable waters in Minnesota, based on the January 25, 2017 letter from the U.S. Army Corps of Engineer's St. Paul District. The preliminary data, not yet reviewed by the COE, lead to a staff estimate that under the present interpretation only about 8.5% of the state's federally regulated wetlands might be assumable. Realizing that there are currently many things happening in the federal executive branch it may be some time before informed BWSR Meeting Minutes May 24, 2017 Page 4

5 decisions can be made about pursuing 404 assumption. After COE review and concurrence this information on assumable waters is expected to be added to the 404 assumption report as an appendix. Buffers, Soils & Drainage Committee - Kathryn Kelly reported that the Committee met on May 17 th in St. Cloud; recommendations are on the agenda later today. Drainage Work Group (DWG) - Tom Loveall/Al Kean reported that the Drainage Work Group (DWG) hasn t met since the last BWSR Board Meeting, but will begin meeting again monthly starting on June 8, Rider language was added to the BWSR General Fund appropriation for drainage stakeholder coordination in the current Environment and Natural Resources bill. It directs the DWG to evaluate and make recommendations to accelerate drainage system acquisition of ditch buffer strips under Chapter 103E, or compatible alternative practices required by Section 103F.48. A report must be submitted to the Senate and House agriculture and environment policy committees by February 1, A set of bills addressing Chapter 103E drainage system repairs and public waters were introduced recently that the DWG will need to review. BWSR is providing four outreach sessions for the Minnesota Public Drainage Manual. One for drainage engineers in late April and three this week for drainage authorities and their other advisors, including attorneys, auditors, viewers, inspectors and administrators, as well as for involved agency staff. COMMITTEE RECOMMENDATIONS Grants Program and Policy Committee Disaster Recovery Assistance Program Policy Amendment - Wayne Zellmer reported that the purpose of this policy is to provide clear expectations of funds appropriated to, and programs implemented by, BWSR, that are associated with the Disaster Recovery Assistance Program (DRAP). The DRAP was originally adopted by the BWSR in August of The BWSR staff Grants Team was assigned the task of reviewing the Policy for needed maintenance. Primary objectives of effort include addressing policy inconsistencies/redundancies with the Grants Administrative Manual, revising Easement Sign-up ** Procedures for RIM, and revising BWSR Project Allocation Priorities. Moved by Steve Sunderlund, seconded by Tom Schulz, to approve the Disaster Recovery Assistance Program Policy Amendment. Amendments to the policy were proposed, accepted, and corrections were made. The resolution language remained the same. Motion passed on a voice vote. Erosion Control and Water Management Policy Amendment - Melissa Lewis reported that the Erosion Control and Water Management Program is more commonly known as the State Cost Share Program. The BWSR Cost Share Work Group was assigned the task of amending the Policy for needed maintenance. Primary objectives of effort include: Addressing Policy inconsistencies/redundancies with the Grants Administrative Manual, improved administration/implementation of the Cooperative Weed Management Area Program, reviewing the well sealing cost share rate, and increasing buffer max. flat ** cost share rate from $200 to $300. Moved by Jill Crafton, seconded by Steve Sunderlund, to approve the amendment to the Erosion Control and Water Management Policy Amendment. Discussion followed. Motion passed on a voice vote. Farm Bill Assistance Program Grant Awards - Dave Weirens and Bill Penning reported that the Farm Bill Assistance Program provides funds to SWCDs to hire staff to accelerate implementation of the Farm Bill as well as other state and federal conservation projects that involve grasslands and wetlands. The baseline goal is to fund the current compliment of 39 full-time employees in 53 SWCD's. A solicitation of interest has been sent to all MN SWCD's with a May 19th due date. The FY18 Farm Bill Assistance BWSR Meeting Minutes May 24, 2017 Page 5

6 Program is expected to be funded from primarily BWSR revenue sources, while the budget will be stretched using Pheasants Forever grant funding. The Board is being requested to authorize these grant ** funds for allocation to prioritized applicants. Moved by Jill Crafton, seconded by Tom Loveall, to approve the Farm Bill Assistance Program Grant Awards. Discussion followed. Motion passed on a voice vote. Southern Region Committee Cottonwood County Comprehensive Local Water Management Plan Update - Kathryn Kelly reported that the Cottonwood County Comprehensive Local Water Plan is due to expire on June 30, The County passed a resolution to begin the Plan update process on March 1, The initial step in the update process, the Priority Concerns Scoping Document (PCSD), was developed by the County and routed to the State review agencies on May 5, BWSR communicated the State s official comments pertaining to the priority concerns in a letter dated August 25, The required public hearing was held on March 23, The final draft of the updated Plan was submitted to the required parties on March 27, Written comments were received from the Minnesota Department of Agriculture, Minnesota Department of Health, and BWSR. The duration of the Plan will be from July 1, 2017 to June 30, The Plan includes the priority concerns of improve surface water quality, protect groundwater, drainage management, and feedlots and subsurface septic treatment system. On May 4, 2017, the Southern Regional Committee voted unanimously to recommend approval of the Plan to the ** full Board. Moved by Kathryn Kelly, seconded by Jill Crafton, to authorize the Cottonwood County Comprehensive Local Water Management Plan Update. Changes were made to the proposed letter that accompanies the resolution. Chair VanAmburg has the corrected letter for signature. Discussion followed. Motion passed on a voice vote. Murray County Comprehensive Local Water Management Plan Update - Kathryn Kelly reported that the Murray County Comprehensive Local Water Plan is due to expire on July 1, The County passed a resolution to begin the Plan update process on January 19, The initial step in the update process, the Priority Concerns Scoping Document (PCSD), was developed by the County and routed to the State review agencies on September 1, BWSR communicated the State s official comments pertaining to the priority concerns in a letter dated December 14, The required public hearing was held on February 28, 2017, as part of a regular County Board meeting. The final draft of the updated Plan was submitted to the required parties on March 1, Written comments were received from the Minnesota Department of Agriculture and BWSR. The duration of the Plan will be from May 24, 2017 to May 24, The Plan includes the priority concerns of surface water (quality, quantity, and drinking water supply), ground water (quality, quantity, and drinking water supply), drainage water management/retention, SSTS/feedlot issues. On May 4, 2017, the Southern Regional Committee voted unanimously to recommend approval of the Plan to the full Board. Moved by Katheryn ** Kelly, seconded by Nathan Redalen, to authorize the Murray County Comprehensive Local Water Management Plan. Discussion followed. Motion passed on a voice vote. Wetland Conservation Committee 2017 Wetland Mitigation Fee Policy Update - Les Lemm reported that the 2017 Wetland Mitigation Fee Policy was approved by the Board on October 27, 2016, effective June 1, Based on feedback from wetland banking outreach sessions and discussions with the Board s Wetlands Conservation Committee, staff are proposing revisions to the policy prior to it taking effect. Certain banking fees are applied based on credit values, calculated using land values reported annually by the Dept. of Revenue according to the formula established in the Policy. The updates will change the area for which credit BWSR Meeting Minutes May 24, 2017 Page 6

7 values are calculated (by Bank Service Area rather than by County), address Ramsey and Hennepin County land value anomalies, allow grandfathering of projects/agreements in place prior to the effective date of the new calculated credit values, and provide for annual updates to the values. The Wetlands Conservation Committee reviewed the amended policy on May 17, Moved by Tom ** Schulz, seconded by Kathryn Kelly, to authorize the 2017 Wetland Mitigation Fee Policy Update Discussion followed. Motion passed on a voice vote. Central Region Committee Kanabec County Comprehensive Water Management Plan Extension - Kevin Bigalke reported on March 22, 2017, the Board approved the Kanabec County Priority Concerns Scoping Document. Kanabec County has requested an extension to allow for the consultation with an outside GIS consultant to assist with the development of a framework that would better allow the county to prioritize, target, and measure the goals, objectives, and action items that would fall under each priority concern. On May 4, 2017, the Central Region Committee reviewed the extension request and recommends approval of the extension request. BWSR staff believe this extension would result in the development of a much ** improved plan over the current iteration. Moved by Joe Collins, seconded by Paige Winebarger to authorize the Kanabec County Comprehensive Water Management Plan Extension. Discussion followed. Motion passed on a voice vote. Rice Creek Watershed District/Comfort Lake-Forest Lake Watershed District Boundary - Kevin Bigalke reported that the Rice Creek Watershed District (RCWD) and Comfort Lake Forest Lake Watershed District (CLFLWD) jointly submitted a boundary change petition dated March 28, The proposed boundary change would achieve a more accurate alignment between the hydrologic and legal boundaries of the RCWD and CLFLWD. The proposed boundary change encompasses approximately 1788 acres of land in Washington County that would correct the assessment designation of 625 parcels at various locations along the common boundaries of the watershed management organizations. The Petition proposes transferring 462 parcels currently within CLFLWD legal boundaries to the RCWD, and transferring 163 parcels currently in RCWD to the CLFLWD. The Petition is non-controversial. No requests for a public hearing nor any questions or comments have been received. Staff recommends the boundary change be approved per the attached draft Board Order. The Central Region Committee reviewed the boundary change request on May 4, 2017 and recommends approval of the boundary ** change. Moved by Joe Collins, seconded by Patty Acomb to authorize the Rice Creek Watershed District/ Comfort Lake-Forest Lake Watershed District Boundary Change. Motion passed on a vote. Buffers, Soils and Drainage Committee Adoption of Policy 9: BWSR Review of County and Watershed District Buffer Rules, Ordinances and Official Controls Dave Weirens and Tom Gile provided an overview of the purpose and need for the policy as well as how it would be implemented. The Policy describes how BWSR will review the buffer enforcement rules, ordinances, and other official controls of counties and watershed districts that elect to exercise their jurisdiction for the enforcement of the riparian protection and water quality practices requirements of Minn. Stat. 103F.48. It further provides a process by which an Administrative Penalty Order (APO) would be reviewed for the statutorily required consistency with the BWSR adopted APO. Timelines for BWSR staff review and determinations are provided within this policy. Moved by ** Kathryn Kelly, seconded by Joe Collins to authorize the Adoption of Policy 9: BWSR Review of County and Watershed District Buffer Rules, Ordinances and Official Controls. Discussion followed. Motion passed on a voice vote. BWSR Meeting Minutes May 24, 2017 Page 7

8 Administrative Penalty Order (APO) Plan for Buffer Law Implementation Dave Weirens and Tom Gile reported; Pursuant to Minn. Stat. 103B.101, subd. 12(a) and (b) and Minn. Stat. 103F.48, subd. 7(c) this Administrative Penalty Order Plan (APO) is intended to provide procedures for the issuance of APOs for counties and watershed districts and BWSR that may issue APOs beginning November 1, Part A contains guidance for counties and watershed districts that elect to use Administrative Penalty Orders to enforce the riparian protection and water quality practices requirements of Minn. Stat. 103F.48. Part B shall be used when BWSR is the enforcement authority for the riparian protection and water quality practices requirements of Minn. Stat. 103F.48. John Jaschke suggested tabling this policy and resolution until the next Board meeting in June in order to allow legislative outcomes to be incorporated in order to be consistent with statutory language. Moved by Tom Loveall, seconded by Joe ** Joe Collins to table the Administrative Penalty Order (APO) Plan for Buffer Law Implementation Motion passed on a voice vote. NEW BUSINESS WRAPS and One Watershed, One Plan Julie Westerlund and Glenn Skuta presented on coordination between MPCA and BWSR relative to development of WRAPS (Watershed Restoration and Protection Strategies) and Comprehensive Watershed Management Plans (One Watershed, One Plan). The presentation covered a brief overview of the schedule and requirements for WRAPS, and what MPCA and BWSR are doing to work toward a smooth transition between the two processes. They touched on how WRAPS inform One Watershed, One Plan with included examples from early WRAPS. They discussed lessons learned and how they can be applied in both processes in the future, and how WRAPS can continue to support local implementation beyond the planning process. UPCOMING MEETINGS Next BWSR Meeting, June 28, 2017, St. Paul Chair VanAmburg adjourned the meeting at 1:20 PM Respectfully submitted, Gerald VanAmburg Chair BWSR Meeting Minutes May 24, 2017 Page 8