Minutes
Board of the Department of Natural Resources

Rembert C. Dennis Building, Room 335
1000 Assembly Street
Columbia, SC
April 23, 2009 10:00 a.m.

The regular meeting of the Board of the South Carolina Department of Natural Resources was held at 10:00 a.m. on Thursday, April 23, 2009, in Room 335 of the Rembert C. Dennis Building, 1000 Assembly Street, Columbia, SC. Notice of the date, time and place of the meeting was posted and mailed to the news media. Chairman Mike McShane presided at the meeting. Board members present included Michael Campbell, Stephen Davis, John Evans, Frank Murray, Norman Pulliam and Caroline Rhodes. Director John Frampton and staff members of the Department of Natural Resources were present at the meeting, as were various guests.

  1. Call to Order
    Chairman Mike McShane called the meeting to order at 10:00 a.m. and welcomed everyone to the meeting.
  2. Invocation
    Chairman McShane asked Rev. Eric Skidmore to offer the invocation and asked him to keep in mind those affected by and fighting the fire in Horry County and Tom DuPre, retired Marine Resources Division staff, during his recovery from heart surgery.
  3. Pledge of Allegiance
    Vice Chairman Mike Campbell led the group in the Pledge of Allegiance.
  4. Introduction of Guests
    Don Winslow, Chief of Staff, introduced Gene Johnston, of Greenville, and Representative Jeff Duncan.
  5. Constituent Comments
    Representative Duncan thanked the Department for everything being done in Horry County. Representative Duncan then reviewed legislation currently before the Agriculture, Natural Resources and Environmental Affairs Committee.

    Gene Johnston distributed a copy of a letter he sent to the Greenville Legislative Delegation, sponsors and co-sponsors of H3881, stating his opposition to this bill.
  6. Approval of Minutes
    Chairman McShane asked if there were any amendments, additions, deletions or corrections to the second draft of the March 11, 2009, meeting minutes. There being no amendments, deletions or corrections, Mr. Pulliam made a motion that the Board approve the second draft minutes of the March 11, 2009, meeting as presented. Mr. Campbell seconded the motion and the motion carried unanimously.
  7. Presentations/Commendations
    Mr. Frampton commended Priscilla Wendt and members of the Environmental Awareness Committee for their committee work and coordination of the awards presentation on March 27 at which time Ben Zeigler, Chairman of the Pee Dee Land Trust Board, received the 2008 Environmental Awareness Award presented by Scott English, Chief of Staff to Governor Sanford.

    Mr. Frampton commended Judy Barnes who was recognized at the Environmental Awareness Award ceremony for her work with the Indian Creek Wildlife Habitat Restoration project. The Indian Creek Partnership (SCDNR, USFS, NRCS, QU, NWTF, Newberry Soil & Water Conservation District and private landowners) also received a group award at the North American for advancing the goals of the Northern Bobwhite Conservation Initiative.

    Mr. Frampton commended Donna Swygert and volunteers from across the agency who made the Palmetto Sportsmen’s Classic on March 27-29 at the State Fairgrounds such a great success.

    Mr. Frampton commended Tom Murphy on his receipt on April 22 from the US Fish & Wildlife Service of the Recovery Champion Award for his work with threatened and endangered species, such as American alligators, bald eagles, brown pelicans, wood storks and sea turtles.

    Mr. Frampton commended Laurel Moore Barnhill, DNR’s Bird Conservation Coordinator, for receiving a national Leadership Award from Partners in Flight for her leadership at both the national and regional levels in advancing PIF conservation efforts. She was recognized with this award at both the recent North American Wildlife & Natural Resources Conference in Arlington, VA, and the joint Southeast Partners in Flight/Southeast Quail Study Group meeting held in Columbia.

    Mr. Frampton commended Ken Prosser and his committee members (Eva Smith-Executive, Cheryl Metz-Law Enforcement, Dean Thomas-Land, Water and Conservation, Lori Harrelson-Support Services and Kim McLawhorn-Marine Resources) for their work with the March of Dimes campaign. Staff does a great job with the event, and, despite the gloomy economy, rallied to help those in need. He gave special thanks to the Board for their support with three baskets for the raffle.
  8. Advisory Committee Reports
    1. Marine Resources Advisory Committee
      Mr. Evans reported that the Marine Resources Advisory Committee met March 12 in Charleston and welcomed new member Coker Day. The Advisory Committee remembered the family of committee member Robbie Johnston, who was recently deceased. The Advisory Committee passed a motion to move the Blue Crab Limited Entry legislation forward. They received a presentation on shellfish harvest and updates on legislation and Law Enforcement activities in Region 4.
    2. Wildlife and Freshwater Fisheries
      Mr. Davis reported that the Wildlife and Freshwater Fisheries Advisory Committee met April 4 at Belfast. The Advisory Committee received a presentation on the appropriate methods for setting the spring turkey season. The committee discussed feral hogs and received reports and updates on archeological resources, habitat protection and legislation.
    3. Land, Water and Conservation
      Ken Rentiers, Deputy Director for Land, Water and Conservation, reported that the Land, Water and Conservation Advisory Committee met, via conference call, April 9. The Advisory Committee received updates on the drought status, the Surface Water Withdrawal bill and the budget. The Advisory Committee took action on Conservation District Commissioner appointments and reappointments, which are before the Board for action.
  9. Items for Board Information
    1. Drought Update
      Hope Mizzell, State Climatologist, informed the group that 27 counties now have no drought status, nine counties are in incipient drought and ten counties in the upstate are in moderate drought. Dr. Mizzell reviewed streamflows, lake levels and ground-water monitoring wells around the state.
    2. Turkey Season Issues
      Charles Ruth, Deer Project Supervisor, gave a presentation on Setting Spring Hunting Season for Turkey by Timing Peak Breeding, Peak Nesting and Peak Gobbling. The timing of spring gobbler season should take into account three primary factors: peak breeding, peak nesting and peak gobbling. When scheduled correctly, the season should afford hunters the best opportunity to hunt during the best time without inhibiting the reproductive success of hens. The Board requested that this presentation be broadened somewhat and made available to the public.
  10. Director’s Briefing
    Mr. Frampton gave the Board a budget update and noted that the Senate was working on the budget that week.

    Mr. Frampton met with Don Winslow and Monica Linnenbrink to discuss the economic impact survey.

    Mr. Frampton attended a public lands demonstration of the new DNR managed lands website.

    Mr. Frampton met with Lonnie Carter and R.M. Singletary, of Santee Cooper, about the Pee Dee Generating Station. He reported that Santee Cooper said they would take the ash pits off the river. Mr. Frampton asked Bob Perry, Director, Office of Environmental Programs, to brief the Board on this issue.

    Mr. Perry distributed copies of the preliminary plan and a copy of the draft revised plan noting that in the revised plan the solid waste landfills will be south of Pee Dee Road, beyond the Great Pee Dee River drainage area. Mr. Perry noted that the DEIS will be amended to reflect this change.

    The Board looks favorably on the draft revised plan as presented today and commends all involved in this solution. The Board would like to be kept informed of the project.

    Mr. Frampton met with Emmett Davis, Joe Edens and Karen Floyd of the SC Natural Resources Society to discuss budget and legislative issues and future plans.

    Mr. Frampton, Don Winslow and the Deputy Directors participated in the Region 1 Employee Appreciation Day/Service Pin Awards event on April 20.

    On April 21, Mr. Frampton participated in the Senate Agriculture and Natural Resources Subcommittee meeting’s discussion of the surface water withdrawal legislation.

    Mr. Frampton spoke at the SC Association of Conservation Districts 2009 Leadership Meeting on April 22.
  11. Executive Session
    At this time, Mr. Pulliam made a motion for the Board to hold an Executive Session to discuss personnel matters. Mrs. Rhodes seconded the motion and the motion carried unanimously.
  12. Return to Regular Session
    Mrs. Rhodes made a motion that the Board return to regular session and noted that no actions were taken in Executive Session. Mr. Murray seconded the motion and the motion carried unanimously.
  13. Items for Board Information
    1. Sunday Opening and Closing Dates for Various Seasons
      Breck Carmichael, Deputy Director for Wildlife and Freshwater Fisheries, reported this topic arose during the discussion of a repeal of a statute that occurred during Game Zone restructuring. The statute that was repealed came about in two separate parts. The first part, if a hunting season ends on Sunday it extends to Monday, was enacted in 1936, and the second part, enacted in 1964, provided that if a season starts on Sunday it backs up to Saturday. These provisions came about during a time when hunting on Sunday was generally not practiced, and was even illegal in parts of the State. Now, societal changes have resulted in the practice of Sunday hunting being fairly common and accepted, and Sunday hunting on private land is allowable statewide. Also, Federal migratory bird season frameworks have sometimes conflicted with the statute. For these reasons, and the fact that the old statute caused confusion on hunting season dates for the public, as well as difficulty for DNR staff in keeping regulations in compliance with the statute, DNR asked that the statute be repealed. There have been few complaints from the hunting public and future hunting season opening dates will have more consistency.
    2. Announcement of Natural Resources Economic Survey Results
      Monica Linnenbrink, Marketing Director, reported that the natural resources economic survey results will be released May 28 in Spartanburg/Greenville, Columbia and Charleston. The Board suggested that Ms. Linnenbrink discuss the possibility of another date with Mr. Frampton. Ms. Linnenbrink asked Board members to provide names of invitees. The Board affirms the process for this release and will work with Ms. Linnenbrink on the invitation list.
    3. Office of State Audit Report on Federal Spending Review
      Carole Collins, Deputy Director for Outreach and Support Services, informed the Board that measures are in place to correct the findings in the State Audit Report. The Board acknowledged that they received the Audit Report and that corrective measures are in place.
  14. Items for Board Action
    1. Proposed Donation to Ducks Unlimited from Migratory Waterfowl Advisory Committee
      Dean Harrigal, Waterfowl Project Leader, informed the Board that the 2009 Duck Stamp is the third year of a four year series by Jim Killen. The Advisory Committee has begun the process to select the artist for 2011. Mr. Harrigal distributed the FY 2009 Annual Report of Ducks Unlimited Canada and Ducks Unlimited, Inc. and the proposed FY 2010 Ducks Unlimited Canada Habitat Projects. Mr. Harrigal noted that the balance for 2009 is approximately $34,031.50. The Advisory Committee received and approved a proposal for a project in Southern Ontario. Mr. Davis made a motion that the Board adopt the recommendation of the Migratory Waterfowl Advisory Board. Mr. Murray seconded the motion and the motion carried unanimously.
    2. Emergency Regulations for DNR-Owned Lands
      Mr. Carmichael reviewed the proposed emergency regulations for DNR-owned lands. Mr. Evans made a motion that the Board approve the emergency regulations for DNR-owned lands as proposed. Mr. Davis seconded the motion and the motion carried unanimously. The Board instructed staff to notify legislators and prepare a news release about the closing of Botany Bay on Tuesday of each week and report back to the Board.
    3. Request for Easements by the City of Bennettsville at Lake Paul Wallace
      Action was deferred until the May 21, 2009, DNR Board meeting.
    4. Berkeley Electric Coop Easement on Bonneau Ferry
      Action was deferred until the May 21, 2009, DNR Board meeting.
    5. Savannah River Bluffs Heritage Preserve Management Plan
      Mr. Carmichael reviewed the proposed changes in the Savannah River Bluffs Heritage Preserve Management Plan. Mr. Pulliam made a motion that the Board approve the Savannah River Bluffs Heritage Preserve Management Plan as presented. Mr. Campbell seconded the motion and the motion carried unanimously. The Board requested that staff identify changes in future management plan revisions.
    6. Revisions to Leave Policy (702.01)
      Terri McGee, Human Resources Director, reviewed the proposed revisions to Leave Policy (702.01). Mr. Evans made a motion that the Board approve the revisions to Leave Policy (702.01) as presented. Mr. Campbell seconded the motion and the motion carried unanimously.
  15. Deputy Directors Reports
    1. Marine Resources
      Robert Boyles reminded the Board of the postponement of the Marine Conservation Banquet. Mr. Boyles gave the Board an update on the shore-based angler license bill and stated that it is on its way to the Governor’s office.
    2. Land, Water and Conservation
      Mr. Rentiers reported that he and staff attended the SC Association of Conservation Districts Leadership Workshop. Mr. Rentiers noted he and staff participated in the Emergency Management Table Top Exercise. Following its review, the Land, Water and Conservation Emergency Management Plan is being updated. Mr. Rentiers announced that the Land, Water and Conservation 2008 Employee of the Year is Debbie Miller Winslow. Other nominees were Sam Ward, Chris Page and Marc Cribb.
    3. Wildlife and Freshwater Fisheries
      Breck Carmichael informed the Board that a snakehead fish was caught in the North Carolina portion of Lake Wylie.
    4. Law Enforcement
      Lt. Col. Glenn Ward reported on a three-person boating fatality at Lake Marion (two victims have been found). This brings the total to eight fatalities thus far in 2009.
    5. Outreach and Support Services
      Carole Collins reported that weather conditions caused no loss in attendance at the 25th anniversary of the Palmetto Sportsmen’s Classic. Ms. Collins gave the Board an update on the Department’s Facebook page noting that there are currently 1,500 fans.
  16. Environmental Report
    Mr. Perry reported that the South Island Ferry will be transferred from DOT to DNR on July 1, 2009. Mr. Perry distributed a copy of an email and dock survey he received from SCE&G regarding the percentage of docks accessible at a lake level of 354. The 2009 survey results are 8,303 docks counted; 7,923 docks in water and 380 docks not in water.
  17. Executive Session
    At this time, Mr. Campbell made a motion for the Board to hold an Executive Session to discuss contractual, legal and personnel matters. Mr. Pulliam seconded the motion and the motion carried unanimously.
  18. Return to Regular Session
    Mr. Campbell made a motion that the Board return to regular session and noted that no actions were taken in Executive Session. Mr. Pulliam seconded the motion and the motion carried unanimously.

    Mr. Murray made a motion that the Board approve the reappointment of the six conservation district commissioners as recommended by the Land, Water and Conservation Advisory Committee (Bates Houck, Calhoun; Cleveland Hiott, Colleton; Peggy Williams, Georgetown; William Henderson, Greenwood; Ray Crapse, Hampton; and Thomas O’Neal, Marlboro). Mr. Davis seconded the motion and the motion carried unanimously.

    Mr. Murray made a motion that the Board approve the two conservation district commissioners appointments as recommended by the Land, Water and Conservation Advisory Committee (Raymond Tumbleston, Charleston; and John Smoak, Charleston). Mr. Davis seconded the motion and the motion carried unanimously.

    Mr. Pulliam made a motion that the Board pursue due diligence activities for a potential addition to the Brasstown Creek Heritage Preserve. Mr. Campbell seconded the motion and the motion carried unanimously.
  19. Time and Location of the Next Meetings
    The May Board meeting will be held Thursday, May 21, 2009, in Lone Star.

    The June Board meeting will be held Thursday, June 18, 2009, location to be determined.
  20. Adjournment
    There being no further business to be brought before the DNR Board at this time, the meeting was adjourned.