SCDNR Board Meeting Minutes

Chairman Norman Pulliam called the meeting to order and welcomed everyone to the meeting.

Chaplain Dave Tafaoa, SC Law Enforcement Assistance Program offered the invocation.

Mr. Swygert led the group in the Pledge of Allegiance.

Chairman Pulliam, thanked Director Boyles and staff for continuing to keep the agency moving forward.

Chairman Pulliam asked if there were any additions, deletions or corrections to the June 25, 2020 meeting minutes. Mr. Oxner made a motion that the Board approve the minutes of the June 25, 2020 meeting as presented. Mr. Swygert seconded the motion and the motion carried unanimously.

1. Marine
   Mr. Swygert reported that the Marine Advisory Committee met June 26, in Charleston. The Advisory Committee received reports on SC Flounder Management Recommendations and MRD’s Virtual Outreach Efforts: Bringing the Outside In.
   
   
2. Land, Water and Conservation
   Dr. Hartley reported that the Land, Water and Conservation Advisory Committee met via teleconference on August 4. The Advisory Committee received program updates and approved recommending an Advisory Committee appointment and the Conservation District Commissioner Appointments/Reappointments to the DNR Board for action.
   
   
3. Governor's Cup Billfishing Series
   Mr. Oxner reported that the Governor’s Cup Billfishing Series Advisory Board met virtually on August 11. The Advisory Board affirmed the motion brought forth by the Tournament Committee to not recognize any Series winners for 2020, as only one event was held. The Advisory Board approved the 2021 schedule as presented.
   
   
4. Heritage Trust
   Mr. Rasor reported that the Heritage Trust Advisory Board met virtually on August 13. The Advisory Board received an update on the Natural Heritage Data Portal/Tools. The Advisory Board approved the dedication of South Fenwick Island as a Heritage Preserve, the Glassy Mountain Heritage Preserve Management Plan Update, the Lewis Ocean Bay Heritage Preserve – Grand Strand Water and Sewer Authority Contract for Waterline Easement, the Tom Yawkey Wildlife Center – Renovation License for Yawkey Foundations, the Brasstown Creek Heritage Preserve – Battle Valley Farm LLC Access Easement, the Heritage Trust FY22 Budget, and several potential property acquisitions.

1. Climate Update
   Dr. Hope Mizzell, Land, Water and Conservation Division, reported on Hurricane Isaias. Dr. Mizzell reported on the drought conditions, rainfall totals, precipitation percentiles, streamflow, lake levels, ground-water monitoring wells around the state, precipitation forecast and temperature forecast.
   
   
2. FY 2022 Budget Request
   Scott Speares, Assistant Deputy Director for Support Services, reviewed the FY 2022 Budget Request, as included in the meeting packet.

1. Overview of Regulations Review Process and Approval to Proceed with Submission of Regulations for Repeal
   Kevin Ryan, Director, Government Affairs, shared with the Board, that the recommendation of the repeal of the additional regulations, as included in the meeting packet, is because they have either been codified (placed into statute) or are no longer necessary/applicable. Mr. Rasor made a motion that the DNR Board direct staff to submit documents to begin repeal process for regulations as presented. Mr. Oxner seconded the motion and the motion carried unanimously.
   
   
2. Approval of Expenditures from Mitigation Trust Fund St. Stephens Fish Lift
   Ross Self, Wildlife and Freshwater Fisheries Division, reviewed the proposed expenditures from Mitigation Trust Fund for St. Stephens Fish Lift, as included in the meeting packet. Mr. Oxner made a motion that the DNR Board approve the expenditure of $604,970 from the St. Stephen’s Fish Lift Mitigation Account to support monitoring and operations of fish passage at the St. Stephen’s Dam. Mr. Swygert seconded the motion and the motion carried unanimously.
   
   
3. Approval of Expenditures from Mitigation Trust Fund - Twelve Mile Creek Mitigation/Lake Hartwell
   Mr. Self reviewed the proposed expenditures from Mitigation Trust for Twelve Mile Creek Mitigation/Lake Hartwell, as included in the meeting packet. Mr. Rasor made a motion that the DNR Board approve the expenditure of $300,000 from the Twelve Mile Creek/Lake Hartwell Mitigation Account to support fish habitat enhancement in Lake Hartwell. Mr. Oxner seconded the motion and the motion carried unanimously.
   
   
4. Approval of Expenditures from Mitigation Trust Fund - for Savannah Harbor Mitigation
   Mr. Self reviewed the proposed expenditures from Mitigation Trust Fund for Savannah Harbor Mitigation, as included in the meeting packet. Mr. Swygert made a motion that the DNR Board approve the expenditure of $542,606 from the Savannah Harbor Mitigation – Sturgeon mitigation account to support sturgeon monitoring and research on the lower Savannah River. Mr. Oxner seconded the motion and the motion carried unanimously.
   
   
5. Approval of Emergency and Proposed WMA Regulations
   Billy Dukes, Wildlife and Freshwater Fisheries Division, reviewed the emergency and proposed WMA regulations, as included in the meeting packet. Mr. Oxner made a motion that the DNR Board authorize staff to proceed with filing of emergency and proposed regulations to make modifications to existing seasons, bag limits, and general regulations in the SC Code of Regulations, Chapter 123, Sections 40 and 51 as presented. Mr. Rasor seconded the motion and the motion carried unanimously.
   
   
6. Approval of Emergency Dove Regulations
   Mr. Dukes reviewed the proposed emergency dove regulations, as included in the meeting packet. Mr. Swygert made a motion that the DNR Board authorize staff to proceed with filing of emergency regulations as presented to establish public dove fields and establish regulations for dove hunting on those fields as provided for in the SC Code of Laws under Section 50-11-2200. Mr. Oxner seconded the motion and the motion carried unanimously.
   
   
7. Approval of Emergency and Proposed Regulations for Reptiles and Amphibians
   Will Dillman, Wildlife and Freshwater Fisheries Division, reviewed the emergency and proposed regulations for reptiles and amphibians, as included in the meeting packet. Mr. Oxner made a motion that the DNR Board approve the proposed and emergency regulation changes to SC Code of Regulations Section 123-151, to provide improved protection for native reptiles and amphibians, to be filed as emergency regulation and permanent regulation upon passage of Bill H.4831, and to approve the proposed regulation changes to SC Code of Regulations Section 123-151.1, to provide improved protection for spotted turtles as permanent regulation should Bill H.4831 fail to pass. Dr. Hartley seconded the motion and the motion carried unanimously.
   
   
8. Proposed Access Easement at Brasstown Creek in Oconee County
   Ken Prosser, Assistant Deputy Director for Wildlife and Freshwater Fisheries, reviewed the Proposed Access Easement at Brasstown Creek in Oconee County, as included in the meeting packet. Mr. Rasor made a motion that the DNR Board accept the recommendation as approved by the Heritage Trust Advisory Board and approve the proposed 20-foot, 50-year Non-Exclusive Access Easement for Battle Valley Farm, LLC at Brasstown Creek Heritage Preserve, as presented. Mr. Oxner seconded the motion and the motion carried unanimously.
   
   
9. Approval of FY 2022 Heritage Trust Budget
   Ken Rentiers, Deputy Director for Land, Water and Conservation, reviewed the FY 22 Heritage Trust Budget, as included in the meeting packet. Mr. Rasor made a motion that the DNR Board approve the FY 2022 Heritage Trust Budget of up to $5,110,257.00, as included in the meeting packet, as approved and recommended by the Heritage Trust Advisory Board. Mr. Oxner seconded the motion and the motion carried unanimously.
   
   
10. Dedication of South Fenwick Island as a Heritage Preserve
    Blaik Keppler, Marine Resources Division, reviewed the proposal of the Dedication of South Fenwick Island as a Heritage Preserve, as included in the meeting packet. Mr. Rasor made a motion that the DNR Board approve the SC DNR owned portion of South Fenwick Island be dedicated as a Heritage Preserve, as recommended by the Heritage Trust Advisory Board. Mr. Oxner seconded the motion and the motion carried unanimously.
    
    
11. Lewis Ocean Bay Heritage Preserve – Grand Strand Water and Sewer Authority Contract for Waterline Easement
    Van Whitehead, Assistant General Counsel, reviewed the Lewis Ocean Bay Heritage Preserve – Grand Strand Water and Sewer Authority Contract for Waterline Easement, as included in the meeting packet. Mr. Rasor made a motion that the DNR Board accept the recommendation of the Heritage Trust Advisory Board and approve the proposed Contract for Sale of Waterline Easement with Grand Strand Water and Sewer Authority at Lewis Ocean Bay Heritage Preserve. Mr. Swygert seconded the motion and the motion carried unanimously.
    
    
12. Tom Yawkey Wildlife Center – Renovation License for Yawkey Foundations
    Mr. Whitehead reviewed the Tom Yawkey Wildlife Center – Renovation License for Yawkey Foundations, as included in the meeting packet. Mr. Rasor made a motion that the DNR Board approve the proposed temporary license for access and construction activities for the Yawkey Foundations as presented and recommended by the Heritage Trust Advisory Board. Mr. Swygert seconded the motion and the motion carried unanimously.
    

Mr. Swygert made a motion that the DNR Board go into executive session pursuant to SC Code Section 30-4-70(A)(1) and (A)(2) to discuss appointments to advisory committees and conservation district commissioner appointments and reappointments related to Items for Board Action (M, N, and O) and to discuss contractual matters related to Items for Board Action (P, Q, R, S and T). Mr. Oxner seconded the motion and the motion carried unanimously.

Mr. Swygert made a motion that the Board return to open session, noting that no action was taken during executive session. Dr. Hartley seconded the motion and the motion carried unanimously.

13. Marine Advisory Committee Appointments
    Mr. Swygert made a motion that the DNR Board approve the following appointments to the Marine Advisory Committee: Ms. Paula Keener, to a four-year term beginning on July 1, 2020 through June 30, 2024 and Mr. Charles Woods, to a four-year term beginning on July 1, 2020 through June 30, 2024 as recommended by staff.
    
    
14. Conservation District Commissioner Appointments/Reappointments
    Dr. Hartley made a motion that the DNR Board approve the following Conservation District Commissioner reappointments: Ms. Susie New, Abbeville County – term being 10/28/20 – 08/20/24; Mr. Van James, Anderson County; Mr. Thomas Sanders, Barnwell County; Ms. Vicky Howell, Clarendon County; Mr. Alton Jeffords, Darlington; Mr. Keith Allen, Dillon County; Mr. Warren Dixon, Horry County; Mr. A. Rex Ramsay, Oconee County; and Ms. Frances McClary, Williamsburg County – term being 08/20/20 – 08/20/24 – as recommended by the Land, Water and Conservation Advisory Committee. Mr. Swygert seconded the motion and the motion carried unanimously.
    
    Dr. Hartley made a motion that the DNR Board approve the following Conservation District Commissioner new appointments: Mr. Barry Edmunds, Abbeville County; Mr. Eric McCall, Abbeville County; Mr. Rolf Kiser, Newberry County – term being 08/20/20 – 01/31/23; and Mr. Michael Bailey, Lancaster County – term being 08/20/20 – 01/31/21;– as recommended by the Land, Water and Conservation Advisory Committee. Mr. Swygert seconded the motion and the motion carried unanimously.
    
    
15. Land, Water and Conservation Advisory Committee Appointment
    Dr. Hartley made a motion that the DNR Board approve the appointment of Mrs. Diane Edwins to the Land, Water and Conservation Advisory Committee, to a one-year term beginning on August 20, 2020, as recommended by the Land, Water and Conservation Advisory Committee. Mr. Swygert seconded the motion and the motion carried unanimously.
    
    
16. Property Acquisition in Oconee County
    Mr. Rasor made a motion that the DNR Board accept the recommendation as approved by the Heritage Trust Advisory Board, subject to standard due diligence, and grant final approval of the acquisition of approximately 793 acres adjoining Stumphouse Mountain Heritage Preserve/WMA in Oconee County to be dedicated as a heritage preserve and placed into the corpus of the SC Heritage Trust. Dr. Hartley seconded the motion and the motion carried unanimously.
    
    
17. Potential Property Acquisition in Hampton County
    Mr. Swygert made a motion that the DNR Board accept the recommendation as approved by the Heritage Trust Advisory Board and grant preliminary approval to evaluate a potential property acquisition of approximately 937 acres in Hampton County that would be dedicated as a heritage preserve and placed into the corpus of the SC Heritage Trust, and the expenditure of up to $20,000 in Heritage Trust funds to conduct due diligence activities. Mr. Oxner seconded the motion the motion carried unanimously.
    
    
18. Potential Property Acquisition in Jasper County
    Mr. Swygert made a motion that the DNR Board accept the recommendation as approved by the Heritage Trust Advisory Board and grant preliminary approval to evaluate a potential property acquisition of approximately 973 acres in Jasper County that would be dedicated as a heritage preserve and placed into the corpus of the SC Heritage Trust, and the expenditure of up to $20,000 in Heritage Trust funds to conduct due diligence activities.
    
    
19. Potential Property Acquisition in Horry County
    Mr. Hinson made a motion that the DNR Board accept the recommendation as approved by the Heritage Trust Advisory Board and grant preliminary approval to evaluate a potential property acquisition of approximately 1,020 acres in Horry County that would be dedicated as a heritage preserve and placed into the corpus of the SC Heritage Trust, and the expenditure of up to $20,000 in Heritage Trust funds to conduct due diligence activities. Dr. Hartley seconded the motion and the motion carried unanimously.
    
    
20. Potential Property Acquisition in Orangeburg County
    Mr. Swygert made a motion that the DNR Board grant preliminary approval to investigate a potential acquisition of the life estate interest in 923 acres in Orangeburg County that would be dedicated as a heritage preserve, and the expenditure of up to $20,000 in Heritage Trust funds to conduct due diligence activities. Mr. Oxner seconded the motion and the motion carried unanimously.
    
    

Director Boyles commended Law Enforcement staff Max McCommon-LE/Supply Manager, 1st SGT Adam Henderson-Region 4G, 1st SGT John McCraw-Region 1C, and Staff SGT Jason Smith-Communications Coordinator, on their selection to participate in the Associate Public Manager (APM) Cohort Program for 2021.

Director Boyles commended Lorianne Riggin and staff of the Office of Environmental Program on their document "Technical guidance for the development of wildlife & pollinator habitat at solar farms; SC Solar Habitat Act-June 2020." Dr. Bob Polomski, Clemson Extension Associate, referred to it as a "cutting edge document" and said that as a result of this work, South Carolina is at the forefront of this sustainability movement.

Director Boyles commended Land, Water and Conservation Division’s Mark Malsick of the SC Climate Office for his severe weather alerts. Mark’s severe weather alerts were the subject of an article about him in the Grand Strand Magazine titled "The Creative Calm in the Storm."

1. Land, Water and Conservation
   Mr. Rentiers commended staff for keeping the agency moving during this time. Mr. Rentiers reported that they will be holding the third Edisto Basin Council Meeting.
   
   
2. Wildlife and Freshwater Fisheries
   Emily Cope, Deputy Director for Wildlife and Freshwater Fisheries, reported on damage from Hurricane Isaias.
   
   
3. Law Enforcement
   COL Chisolm Frampton, Deputy Director for Law Enforcement, gave a brief Law Enforcement update.
   
   
4. Marine Resources
   Nothing further to report.
   
   
5. Support Services
   Angie Cassella, Deputy Director for Support Services, reported that as of the end of the fiscal year resident and non-resident hunting and fishing license sales were up 6% over last year. Mrs. Cassella also reported that resident hunting and fishing license sales are up 13% over last year and non-resident hunting and fishing license sales are up 8%.

The next meeting will be held on September 24, 2020.

Mr. Rasor made a motion that the meeting be adjourned. Mr. Oxner seconded the motion and the motion carried unanimously.