Board of the Department of Natural Resources
Lee Steam Station – Duke Energy
205 Lee Steam Plant Road
Belton, SC
October 15, 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, October 15, 2009, in the conference room of the Administration Building of Duke Energy's Lee Steam Station, Belton, 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 Stephen Davis, John Evans, Frank Murray, Norman Pulliam and Caroline Rhodes. Board member Michael Campbell’s absence was excused. Director John Frampton and staff members of the Department of Natural Resources were present at the meeting.

  1. Call to Order
    Chairman Mike McShane called the meeting to order at 9:00 a.m. and welcomed everyone to the meeting.
  2. Invocation
    Chairman McShane asked Col. Alvin Taylor, Deputy Director for Law Enforcement, to offer the invocation.
  3. Pledge of Allegiance
    Buford Mabry, Chief Counsel, led the group in the Pledge of Allegiance.
  4. Introduction of Guests
    Don Winslow, Chief of Staff, introduced Representative Don Bowen; Representative Rex Rice; Douglas Ford, Research Director, Senate Fish, Game and Forestry; Barry Knight, Palmetto Middle School; Mark Hollis, Jason Wells and Terry Taylor, Duke Energy.
  5. Constituent Comments
    Mr. Winslow informed the Board that Mark Hollis, Terry Taylor and Reggie King, of Duke Energy have requested the opportunity to provide comments to the board.

    Mr. Hollis, Director, SC Environmental Policy and Affairs, welcomed the group to Duke Energy's Lee Steam Station and told them that Duke Energy will receive the S.C. Wildlife Federation’s Wildlife and Industry Together (WAIT) certification for this property.

    Mr. Taylor, Plant Manager, also welcomed the group to Duke Energy’s Lee Steam Station.

    Mr. King reviewed safety rules of the facility with the group.

    Mr. Winslow informed the Board that Representatives Bowen and Rice have requested to comment.

    Representative Bowen commented on water issues and stated that sustainable power and sustainable water supplies are necessary for economic growth. Representative Bowen said that he believes that water management responsibilities, both quantity and quality, should, be housed in one agency.

    Representative Rice stated his appreciation for the Board’s efforts to protect the natural resources of the State.
  6. Approval of Minutes
    Chairman McShane asked if there were any amendments, additions, deletions or corrections to the September 24, 2009, meeting minutes. Mrs. Rhodes made a motion that the Board approve the minutes of the September 24, 2009, meeting, as submitted. Mr. Davis seconded the motion and the motion carried unanimously.
  7. Presentations
    Barry Knight, Principal of Palmetto Middle School, discussed the partnership between Duke Energy, DNR, the Department of Education and Palmetto Middle School. This partnership has allowed Palmetto Middle School to be designated as a Natural Resources School, the first in the nation.
  8. Commendations
    Mr. Frampton commended Duke Energy on its certification by the S.C. Wildlife Federation as a Wildlife and Industry Together (WAIT) site. This certification recognizes the nature trail and the quality wildlife habitat that Duke Energy developed at the Lee Steam Station site as well as the station’s environmental education partnership with Palmetto Middle School.

    Mr. Frampton commended the LE Officers of the Year: PFC Jim Capps, representing Region 4, was named the 2009 Statewide Officer of the Year. Other regional recipients include Region 1-PFC Brian Welch, Region 2-Officer Andrew Godowns, Region 3-CPL William Wesley Potter, Law Enforcement Investigations-SGT Robin Camlin, and National Association of State Boating Law Administrators (NASBLA)-CPL Vince Busha. Special thanks to Senator Yancey McGill of Kingstree who gave the keynote address at the Officer of the Year awards banquet on September 24.

    Mr. Winslow commended Director Frampton on his appointment as President of the Association of Fish and Wildlife Agencies and on his receipt from the Clemson University Youth Learning Institute of their Outstanding Partner for Youth Award for his leadership in creating innovative outdoor educational programs for South Carolina's youth.
  9. Items for Board Information
    Climate Update
    Hope Mizzell, State Climatologist, reported that due to recent rain events the Piedmont area has been dropped from the drought declaration. Dr. Mizzell noted that Chesterfield, Marlboro, and Dillon counties will remain in incipient status and Darlington County will be added to incipient status. Dr. Mizzell reviewed precipitation percentiles, streamflows, lake levels and ground-water monitoring wells around the state.
  10. Advisory Committee Reports
    Wildlife and Freshwater Fisheries
    Stephen Davis reported that the Wildlife and Freshwater Fisheries Advisory Committee met October 13, 2009, at the H. Cooper Black State Forest in Chesterfield County. The Advisory Committee received a briefing on the Horry County Wildlife; results of the opening day dove season on public lands; a legislative update; and a Chapter 13 revisions report. The Advisory Committee also received a presentation on the history of the H. Cooper Black State Forest.
  11. Items for Board Information
    Potential License Changes
    Carole Collins, Deputy Director for Outreach and Support Services, informed the Board that, based on the current fiscal year, the agency can recommend a one year Apprentice License and a three- or five-year Multi-Year License with a possible discount of $2-$4. The agency, however, cannot recommend a 365 day license, at this point. The Board asked that these recommendations be refined and brought back to the November meeting for action.
  12. Items for Board Action
    Proposed and Emergency DNR Land Regulations
    Tim Ivey reviewed Proposed and Emergency DNR Land Regulations as included in the Board meeting package. Mr. Davis made a motion that the Board approve the Proposed and Emergency DNR Land Regulations as presented. Mr. Evans seconded the motion and the motion carried unanimously.
  13. Introduction of Guest
    Chairman McShane introduced Brett Carter, President, Duke Energy Carolinas.

    Mr. Carter welcomed the group to Duke Energy's Lee Steam Station and thanked the Board for using this facility for their meeting. Mr. Carter spoke of future endeavors in the power industry and the importance placed on the environment by the younger generation.
  14. Items for Board Action
    Proposed 2010 Legislative Package
    Derrick Meggie, Director, Legislative Services, distributed and briefly reviewed proposed legislation offered for approval this month and legislation scheduled to be offered for approval next month. Items for approval this month are: Surface Water, Bear Bill, Dog Deer Hunting Act of 2010, Hunting Turkey under Normal Agricultural Practices, Road Safety, Emergency Timber Harvest, Emergency Closure and Soil Classifiers Transfer to LLR. Mrs. Rhodes made a motion that the Board approve the aforementioned legislation as presented, with the exception that staff will report back at the November meeting on the definition of bait in the Hunting Turkey under Normal Agricultural Practices. Mr. Pulliam seconded the motion and the motion carried unanimously.
  15. Director's Briefing
    Mr. Frampton gave the Board an update on the budget.

    Mr. Frampton distributed a letter from State Treasurer Converse Chellis regarding Heritage Trust.

    Mr. Frampton met with Ben Harris, Vice-President of Georgia Power, at his request, on September 24 to discuss the Tugaloo and Yonah tracts.
  16. Environmental Report
    Bob Perry, Director of Environmental Programs, distributed and reviewed a summary of environmental issues. They included the SCE&G Saluda Project – Ready for Environmental Analysis with a letter supporting a two foot trigger; the Savannah River Flows from US COE Lakes; and an offshore wind project in South Carolina.
  17. Deputy Directors' Reports
    1. Outreach and Support Services
      Nothing further to report.
    2. Marine Resources
      Nothing further to report.
    3. Land, Water and Conservation
      Ken Rentiers, Deputy Director for Land, Water and Conservation, met with DHEC Bureau of Water staff regarding establishing a series of water resources forums which would allow stakeholders at the local level an opportunity to provide input to DNR and DHEC on water management issues and for the agencies to provide information on water quantity and quality. Mr. Rentiers stated that his suggestion is to use the Savannah Basin as the pilot project for this effort.
    4. Wildlife and Freshwater Fisheries
      Ken Prosser, Assistant Deputy Director for Wildlife and Freshwater Fisheries, reported that waterfowl public listening sessions have been held in Beaufort and Charleston. A session is scheduled for Georgetown on October 20.
    5. Law Enforcement
      Nothing further to report.
  18. Executive Session
    At this time, Mr. Davis made a motion for the Board to hold an Executive Session to discuss legal matters and personnel issues. Mr. Pulliam seconded the motion and the motion carried unanimously.
  19. Return to Regular Session
    Mr. Davis made a motion that the Board return to regular session and noted that no actions were taken in Executive Session. Mrs. Rhodes seconded the motion and the motion carried unanimously.

    Mrs. Rhodes made a motion that the Board appoint Dr. G. B. Ingraham, III, to the Law Enforcement Advisory Committee. Mr. Murray seconded the motion and the motion carried unanimously.

    Mr. Davis made a motion that the Board approve the acceptance of a large tract of property in Oconee County. Mr. Evans seconded the motion and the motion carried unanimously.

    Mr. Pulliam made a motion that the Board direct Director Frampton to draft a letter to CEQ on the Interim Report of the Interagency Ocean Policy Task Force on DNR's concerns with the report. Mr. Davis seconded the motion and the motion carried unanimously.
  20. Time and Location of the Next Meetings
    The November Board meeting will be held Friday, November 13, 2009, at the Marsh Club House in Gresham, beginning at 9:00 am.

    The December Board meeting will be held Thursday, December 10, 2009, in Columbia.
  21. Adjournment
    There being no further business to be brought before the DNR Board at this time, the meeting was adjourned.