Minutes
Board of the Department of Natural Resources
Rembert C. Dennis Building, Room 335
1000 Assembly Street
Columbia, SC
October 5, 2011 10:00 am

The regular meeting of the Board of the South Carolina Department of Natural Resources was held at 10:00 a.m., October 5, 2011, in room 335 of the Rembert C. Dennis Building, Columbia, SC. Notice of the date, time and place of the meeting was posted and mailed to the news media. Chairman Caroline Rhodes presided at the meeting. Board members present included Cary Chastain, John Evans, Michael Hutchins, Randy Lowe, Norman Pulliam and Larry Yonce. Director John Frampton and staff members of the Department of Natural Resources were present at the meeting.

  1. Call to Order
    Chairman Caroline Rhodes called the meeting to order at 10:00 a.m. and welcomed everyone to the meeting.
  2. Invocation
    Chaplain Eric Skidmore offered the invocation.
  3. Pledge of Allegiance
    Vice Chairman John Evans led the group in the Pledge of Allegiance.
  4. Introduction of Guests
    Don Winslow, Chief of Staff, introduced, Douglas Ford, Research Director, Senate Fish, Game and Forestry Committee; Madison Walker, Governor’s Office; James Meadors, Meader, Inc.; and Katie Owen, House Law Enforcement Committee.
  5. Constituent Comments
    Mr. Winslow noted that there were no requests for constituent comments.
  6. Approval of Minutes
    Chairman Rhodes asked if there were any amendments, additions, deletions or corrections to the September 16, 2011, meeting minutes. Mr. Evans made a motion that the Board approve the minutes of the September 16, 2011, meeting as presented. Mr. Chastain seconded the motion and the motion carried unanimously.
  7. Presentations/Commendations
    Mr. Frampton commended the LE Officers of the Year: PFC Cary T. Robinson of Conway, representing Region 4, the 2011 Statewide Officer of the Year. Other regional recipients include: Region 1-CPL Henry Barnett, Region 2-PFC William Brady Branham, Region 3-SGT Jeffrey D. Derrick, Law Enforcement Education-SGT Karen D. Swink and NASBLA-SGT Ken Simmons. Special thanks were given to Governor Nikki Haley who gave the keynote address at the annual Law Enforcement Officer of the Year Awards Banquet on September 16.

    Mr. Frampton commended Wally Jenkins and Amy Dukes for their work with the Governor’s Cup Billfishing Series and the awards reception held September 25.
  8. Advisory Committee Reports
    Law Enforcement
    Norman Pulliam reported that the Law Enforcement Advisory Committee met September 29 in Charleston. The Advisory Committee received an update on the agency’s 100 Day Plan. The Advisory Committee received reports on District 4 activities, legislation and the Deputy Law Enforcement Officer (DLEO) Program.
  9. Items for Board Information
    Capital Improvement Projects at Marine Center
    Chairman Rhodes asked Mr. Frampton to begin the discussion of the Capital Improvement Projects at the Marine Center. Mr. Frampton stated that the bids have been received and there is an $87,000 difference on the price of asphalt shingles vs. copper. At this point the Department will either accept one of the bids or rebid the project. If it is rebid it will take an additional 90 days as well as additional architectural costs.

    Robert Boyles, Deputy Director for Marine Resources, noted that the monies being used for this Capital Improvement project are the remainder of a one-time appropriation received in 2006-2007 for the Marine Resources Research Institute.

    Mr. Boyles gave the Board a brief history of the Eltzroth Administration Building noting that this will be the third roof since it was constructed in 1970.

    Mr. James Meadors, with the architectural firm Meader, Inc., reviewed the life span and warranties of several types of roofing available.

    Mr. Pulliam made a motion that the Board approve the option that contains the asphalt shingle roof. Mr. Evans seconded the motion. Following a lengthy discussion, Mr. Pulliam called for the question. The motion carried unanimously.
  10. Item for Board Action
    1. 100 Day Plan
      Mr. Hutchins made a motion that the Board accept the 100 Day Plan and Scorecard as distributed. Mr. Pulliam seconded the motion and the motion carried unanimously.
    2. Proposed Timber Management Schedule for 2011 through 2015
      Tim Ivey, Wildlife and Freshwater Fisheries Division, gave the Board a brief history on land management and reviewed the proposed timber management schedule as included in the meeting package. Mr. Pulliam made a motion that the Board approve the 2011-2015 Timber Management Schedule as presented. Mr. Hutchins seconded the motion and the motion carried unanimously.
    3. Emergency Waterfowl Regulations to Allow Mobility Impaired Hunts on 2 Category II Waterfowl Areas
      Tim Ivey reviewed the emergency regulations as included in the meeting package. Mr. Hutchins made a motion that the Board approve the Emergency Waterfowl Regulations to allow mobility impaired hunts on category II waterfowl areas as presented. Mr. Evans seconded the motion and the motion carried unanimously.
    4. Savage Bay Heritage Preserve Management Plan
      Action on this item was postponed until the next meeting.
  11. Director's Briefing
    Mr. Frampton distributed a recent article from the Charleston Post and Courier regarding endangered species listing.

    Mr. Frampton gave the Board a budget update including some possible federal budget cuts that will affect the agency.

    Mr. Frampton distributed DNR's comments on proposed DHEC Surface Water Regulations.

    Mr. Frampton informed the Board that he has met with both Wildlife and Freshwater Fisheries staff and Land, Water and Conservation staff to discuss future plans and answer staff questions.

  12. Legislative Report
    Derrick Meggie, Director of Legislative Services, gave the Board a briefing on the budget.
  13. Environmental Programs
    Bob Perry, Director of the Office of Environmental Programs, reported DHEC has issued a notice of decision on the Savannah Harbor Expansion Project. DHEC has denied the Clean Water Act Water Quality Certification and expects the Savannah District Corps of Engineers to appeal this decision. Mr. Perry informed the Board that Williamsburg County Council directed the County Administrator to halt the landfill project and has sent notification that the permit application will be withdrawn. Mr. Perry reported that he attended a National Environmental Policy Act Agency Scoping meeting on the Charleston Harbor deepening study. Mr. Perry informed the Board that the Charleston District Corps of Engineers has hired Cardeno Entex to conduct an Environmental Impact Study for the Haile Gold Mine project.
  14. Deputy Directors' Reports
    1. Land, Water and Conservation
      No further report.
    2. Wildlife and Freshwater Fisheries
      Emily Cope distributed and reviewed the opening day public dove field results.
    3. Law Enforcement
      Col. Alvin Taylor, Deputy Director for Law Enforcement, reported on Law Enforcement’s activities for opening day of dove season. Col. Taylor informed the Board that a tree stand safety PSA was aired last week on the ACC channel during the Clemson football game. Col Taylor reported on a meeting held with Georgia regarding Boaters Compact. Col. Taylor reported on a meeting he attended with the Lake Murray Homeowners’ Association regarding boating accidents, speed and noise.
    4. Marine Resources
      Mr. Boyles reported that four public meetings have been scheduled for Sheepshead.
    5. Outreach and Support Services
      Carole Collins, Deputy Director for Outreach and Support Services, reported that there were no findings in the 2010 Single Audit.
  15. Executive Session
    At this time, Mr. Hutchins made a motion for the Board to hold an Executive Session to discuss personnel, legal and contractual matters. Mr. Evans seconded the motion and the motion carried unanimously.
  16. Open Session
    Mr. Pulliam made a motion that the Board return to regular session and noted that no actions were taken in Executive Session. Mr. Chastain seconded the motion and the motion carried unanimously.

    Mr. Evans made a motion that the Board, sitting both as governing board of the DNR and as Trustee of the South Carolina Heritage Trust, approve the proposal by staff to enter into an agreement with Centex (Pulte Group) to resolve outstanding issues over the DNR’s easement over Ben Long Road adjacent to the Lewis Ocean Bay Heritage Preserve. The DNR staff is authorized to seek relocation of the access route to a new location off of International Drive on land currently owned by the DNR, which access way will be constructed by Centex at no cost to the DNR. Upon acceptance by the DNR of the new road, the DNR may take such action as is necessary and appropriate to release its easement rights over Ben Long Road to Centex. The DNR staff is authorized to finalize the details of the settlement. Mr. Pulliam seconded the motion and the motion carried unanimously.

    Mr. Pulliam made a motion that the Board, sitting both as governing board of the DNR and as Trustee of the South Carolina Heritage Trust, approve the settlement proposed by staff to conclude the ongoing litigation over Target Road at the Lewis Ocean Bay Heritage Preserve. The DNR staff is authorized to accept no less than $205,000.00 in exchange for releasing a portion of the DNR easement over lands owned by the defendants in the civil action. The DNR staff is authorized to finalize the details of the settlement. Mr. Chastain seconded the motion and motion carried unanimously.
  17. Time and Location of the Next Meetings
    There will be no meeting in November 2011.

    The December Board meeting will be held Thursday, December 8, 2011, with location to be determined.
  18. Adjournment
    There being no further business to be brought before the DNR Board at this time, the meeting was adjourned.

The SCDNR Board Minutes for October 5, 2011 (file size 1.65M), have been provided in the Adobe PDF file format. Adobe® Reader® is required to open the above files and is available as a free download from the Adobe® Web site.

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