Minutes
Board of the Department of Natural Resources

Kingston Plantation – Somerset Room
9800 Queensway Boulevard
Myrtle Beach, SC 29572
January 15, 2009, 9:00 a.m.

The regular meeting of the Board of the South Carolina Department of Natural Resources was held at 9:00 a.m. on Thursday, January 15, 2009, in Somerset Room of the Kingston Plantation, 9800 Queensway Boulevard, Myrtle Beach, 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, John Evans, and Caroline Rhodes. Board members Stephen Davis, Frank Murray and Norman Pulliam’s absences were excused. 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 McShane called the meeting to order at 9:00 a.m. and welcomed everyone to the meeting.
  2. Invocation
    Chairman McShane asked Rev. Eric Skidmore to offer the invocation.
  3. Pledge of Allegiance
    Vice Chairman Campbell led the group in the Pledge of Allegiance.
  4. Introduction of Guests
    Don Winslow, Chief of Staff, introduced Greg Henderson, President, SC Association of Conservation Districts; Charles Glover, Associate Commissioner, Berkeley Conservation District; and David Norton, District Commissioner, Pickens Conservation District.

    Director Frampton introduced Ken Rentiers, the new Deputy Director of Land, Water and Conservation, who will start on February 2, 2009. Mr. Frampton and the Board extended their thanks to Steve de Kozlowski for his service as Interim Deputy Director.
  5. Approval of Minutes
    Chairman McShane asked if there were any amendments, additions, deletions or corrections to the minutes of the December 11, 2008, meeting. Mrs. Rhodes offered the following correction:

    The regular meeting of the Board of the South Carolina Department of Natural Resources was held at 11:00 10:00 a.m. on Thursday, December 11, 2008, 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.

    There being no further amendments, deletions, or corrections, Mrs. Rhodes made a motion that the Board approve the minutes of the December 11, 2008, meeting as corrected. Mr. Evans seconded the motion and the motion carried unanimously.

  6. Constituent Comments
    Mr. Winslow informed the Board that Greg Henderson requested to make comments. Mr. Henderson welcomed the Board to the Partnership Conference. Mr. Henderson noted that the conservation districts paid for the DNR Conservation Districts Section staff to attend the conference. The SCACD had $7,500 in sponsorships for this year's conference. Mr. Henderson also informed the Board that South Carolina will host the National Association of Conservation Districts Southeast Regional meeting, August 23-26, 2009.
  7. Items for Board Information
    1. Drought Update
      Hope Mizzell, State Climatologist, informed the group that there has been no change in drought status. Dr. Mizzell reported that the Drought Response Committee will meet February 19, 2009. Dr. Mizzell reviewed streamflows, lake levels and groundwater monitoring wells around the state.

      The Board discussed the blue crab legislation and asked staff to take this back to the stakeholders group to see if changes are necessary and report to the Board at the March meeting.

      Chairman McShane initiated discussion about the December 22, 2008, TVA Kingston Fossil Plant's coal ash spill. The Board questioned SC DNR's Director Frampton and staff if a similar incident could occur in South Carolina, particularly with the proposed Santee Cooper construction of the proposed Pee Dee Electric Generating Station. Director Frampton stated the current proposed site is immediately across the river from the DNR's Marsh Wildlife Management Area and upstream of the DNR's Woodbury Wildlife Management Area. Mr. Frampton stated that he had personal conversations with Santee Cooper about his concern over the ash pits being located on the high river bluffs. There was broad discussion of DNR staff comments to Santee Cooper on its proposed generation station site.

      The Board asked Director Frampton to prepare a detailed summary of the Department's position on the proposed Pee Dee Electric Generating Station and send it to DNR Board Members and his counterpart at DHEC.
  8. Executive Session
    At this time, Mr. Campbell made a motion for the Board hold an Executive Session to discuss contractual, legal and personnel matters. Mr. Evans seconded the motion and the motion carried unanimously.
  9. 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. Evans seconded the motion and the motion carried unanimously.
  10. Director's Briefing
    Mr. Frampton had to depart the meeting early so Chairman McShane gave the Director's Report.

    Chairman McShane informed the group that the 2009 legislative reception has been cancelled and distributed a copy of a letter sent to each member of the General Assembly informing them of the cancellation and the reasoning for it.

    Chairman McShane reported that the Harry Hampton Memorial Wildlife Fund approved the $101,925.00 request from DNR at their December 12, 2008, meeting.
  11. Legislative Report
    Buford Mabry, Chief Counsel, reported for Derrick Meggie. Mr. Mabry informed the group that the Wildlife Management Area and Heritage Trust Lands Protection bill, the turkey bait bill, and the bird nest bill are ready and sponsors are being sought. Additional discussion was to occur that day on the shore-based angler bill, the bear bill, the license tag bill and the deer dog hunt bill. The Department of Labor, Licensing and Regulation has not responded concerning our inquiry about transferring the Landscape Architect and Soil Classifiers Licensing Programs to them.
  12. Deputy Directors Reports
    1. Law Enforcement
      Col. Taylor, Deputy Director for Law Enforcement, reported that the Law Enforcement Division will use some DLEO's in the Botany Bay area. The DLEO's will work with and without officers. Col. Taylor informed the Board that the survey for abandoned vessels is 95% complete and 79 vessels have been identified. Col. Taylor distributed copies of the 2008 activity report, noting that this is calendar year not fiscal year.
    2. Land, Water and Conservation
      Steve de Kozlowski showed the Board a map, produced by the Geological Survey, of the detailed geology of the Jocassee area.
    3. Outreach and Support Services
      Nothing further to report.
    4. Marine
      Robert Boyles, Deputy Director for Marine Resources, reported that the commercial shrimp trawling season will close at 7:00 p.m., January 23, 2009.

      Mr. Boyles distributed a revised copy of the proposed shore-based angler bill. It is believed that the current practice of gathering information from licensed piers will be sufficient and this draft allows that language to remain. Mr. Evans made a motion that the Board affirms that changes were made to the shore-based angler bill in the legislative package. Mr. Campbell seconded the motion and the motion carried unanimously.
    5. Wildlife and Freshwater Fisheries
      Breck Carmichael, Deputy Director for Wildlife and Freshwater Fisheries, distributed a copy of the bear bill which has been through Legislative Council. This version contains the nonresident tag fee of $100.00. Mr. Campbell made a motion that the Board adopt this version. Mrs. Rhodes seconded the motion and the motion carried unanimously.

      Mr. Carmichael reviewed the deer dog hunt legislation as included in the Board package. This legislation was revised to address attempt to notify the person identified on the dog's collar within twelve hours. The Board asked the legal office to research dog classifications (domestic pets, etc.) to see if there are any unintended liabilities to landowners who may capture a dog and hold it as part of this legislation. Mr. Evans made a motion that the Board adopt the deer dog hunt legislation as presented. Mrs. Rhodes seconded the motion and the motion carried unanimously.

      Mr. Carmichael reviewed the license tag legislation as included in the Board package. The Board asked staff to confirm the prices of other specialty tags and adjust this legislation accordingly. Mr. Campbell made a motion that the Board adopt the language, leaving the dollar amount blank and report to the Board in February. Mr. Evans seconded the motion and the motion carried unanimously.
  13. Time and Location of the Next Meetings
    The February Board meeting will be held Friday, February 13, 2009, in Charleston.

    The March Board meeting will be held Friday, March 13, 2009, in Columbia.
  14. Adjournment
    There being no further business to be brought before the DNR Board at this time, the meeting was adjourned.