Minutes
Board of the Department of Natural Resources

Francis Marion University
Stokes Administration Building
Florence, South Carolina
August 24, 2007   10:30 a.m.

The regular meeting of the Board of the South Carolina Department of Natural Resources was held at 10:00 a.m. on Friday, August 24, 2007, at Francis Marion University.  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, and Caroline Rhodes.  Board member Norman Pulliam’s absence was excused.  Mr. 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 10:00 a.m. and welcomed everyone to the meeting.
  2. Invocation
    Chairman McShane asked Col. Alvin Taylor to offer the invocation.
  3. Pledge of Allegiance
    Vice Chairman Campbell led the group in the Pledge of Allegiance.
  4. Introduction of Guests
    Hank Stallworth introduced Representative Jim Battle; Peter King, Chair, Biology Department, Francis Marion University; Dr. Julia Krebs, Biology Department, Francis Marion University and Chair, Heritage Trust Advisory Board; John O’Conner, The State newspaper; David Allen, Darlington Conservation District Commissioner; Ben Zeigler; Campbell Coxe, Vice Chair, Heritage Trust Advisory Board; and Jay Dowd, Vice President for Development, Francis Marion University.
  5. Constituent Comments
    Mr. Stallworth noted that there were no requests for constituent comment.
  6. Approval of Minutes
    Chairman McShane asked if there were any additions, deletions, or corrections to the minutes of the July 20, 2007, meeting. There being none, Mr. Campbell made a motion that the Board approve the minutes of the July 20, 2007, meeting as presented. Mr. Davis seconded the motion and the motion carried unanimously.
  7. I-73 Issue
    Mr. Frampton stated that there has been a tremendous amount of discussion alleging that DNR is holding up I-73 and not willing to enter into a trade. Mr. Frampton stated for the record that DNR is doing everything possible to work through this issue. Mr. Frampton noted that in a recent meeting he and Chairman McShane had with Secretary of Transportation, Buck Limehouse, Mr. Limehouse assured them that DNR has not been holding up this project. Mr. Frampton then distributed a letter sent to Secretary Limehouse and asked that this letter be included in the minutes.

    Letter to Buck Limehouse - is provided in Adobe® Acrobat® (PDF) format. Adobe® Reader® is required to open the files and is available as a free download from the Adobe® Web site.

    Campbell Coxe, Vice Chair of the Heritage Trust Advisory Board, stated that the Heritage Trust Advisory Board would take action on this matter prior to the DNR Board.  Mr. Coxe noted that the Heritage Trust Advisory Board met August 2, 2007, and approved the compensation package and sent it forward for DNR Board approval.

    Mr. Frampton noted that any transactions from Heritage Trust properties have to go through the Heritage Trust Advisory Board and also the Budget and Control Board.

    Representative Battle stated that he appreciates everything the Board does.  Rep. Battle noted that there are some who want to see I-73 fail but he has also heard from economic impact personnel that there are industries waiting to move in to the area that are not sure I-73 will be successful.  Rep. Battle believes that I-73 will help the economy of smaller towns in the Pee Dee area.  Rep. Battle thinks the two agencies should work together for the good of the people.

    Mr. Evans made a motion that the Director and Environmental Section Staff move forward as expeditiously as possible, also keeping in mind the integrity of the Heritage Trust Act, to support a transaction as outlined in the letter based on the appraisal of an agreed upon independent appraiser.  Mr. Davis seconded the motion and the motion carried unanimously.
  8. Presentations/Commendations
    1. Liollio Architecture
      Dinos Liollio of Liollio Architecture shared drawings and plans for the Florence office building with the Board. Mr. Liollio stated that the intended schedule for the office building is to have the documents to State Engineer by mid October, out for bid in November, begin construction in January with possible completion in January 2009.
    2. Law Enforcement Basic Training
      Col. Alvin Taylor introduced Sgt. Robin Camlin. Sgt. Camlin reviewed all steps involved in wildlife basic training for new officers from maintenance of equipment to a mock appearance before a magistrate. Chairman McShane and the Board recognized Sgt. Camlin for all that she has done in this program.

    Mr. Frampton commended the Greenville Saltwater Sportfishing Club for their annual award of two $1,000 scholarships to deserving dependents of DNR personnel. This year’s recipients are Robert Neilson and Emily Self.

    Mr. Frampton commended Land, Water and Conservation State Climate Office staff and Outreach and Support Services Graphics staff on the 2007 Weather Calendar’s receipt of a first place award from the Association for Conservation Information in the Calendar Category.

    Mr. Frampton commended Robert Boyles and his staff for their work on the Harry Hampton Marine Conservation Banquet in Charleston on August 18.

  9. Advisory Committee Reports
    1. Heritage Trust
      Ken Prosser reported that the Heritage Trust Advisory Board met on August 2 in Columbia. In addition to discussion and action on I-73, Dr. Julia Kreb formed a committee for the nomination of a new Advisory Board Chair. The Advisory Board received an update on the Conservation Bank and a report on management activities on preserves. The Advisory Board also approved management plans and property acquisitions.
    2. Migratory Waterfowl
      Chairman McShane reported that the Migratory Waterfowl Advisory Committee affirmed the remaining three sketchings as provided by Jim Killen.
    3. Waterfowl
      Breck Carmichael reported that the Waterfowl Advisory Committee met on August 14 in Columbia. The Advisory Committee approved the 2007-08 Waterfowl Stamp budget; received a progress report on the waterfowl hunting guide; an update on trends in waterfowl population; a legislative update; and an update on the peer review process. The Advisory Committee approved the 2007-08 Migratory Bird Hunting Late Season Recommendations that are included in the Board package for approval. Mr. Carmichael reviewed the recommendations. Mr. Campbell made a motion that the Board approve the 2007-08 Migratory Bird Hunting Late Season Recommendations as presented. Mr. Evans seconded the motion and the motion carried unanimously.
    4. Law Enforcement
      Mike Campbell reported that the Law Enforcement Advisory Committee received an update on new hires; an update on training; an update on the investigation unit; and held the pinning ceremony for Interim Lt. Col. Glenn Ward. The Advisory Committee approved the proposed DLEO policy as presented by Col. Taylor. At this time, Col. Taylor reviewed this policy with the Board. Mr. Campbell made a motion that the Board approve the DLEO policy as presented, with some minor grammatical and spelling changes. Mr. Evans seconded the motion and the motion carried unanimously.
    5. Governor’s Cup Billfishing Series
      Robert Boyles reported that the Governor’s Cup Billfishing Series Advisory Board met on August 23 in Charleston. The Advisory Board received a presentation on the effects of climate change on the fishery. The Tournament Committee ratified the 2007 winners and the 2008 Series season. The Advisory Board had discussion on changing the number of points for sailfish. The award ceremony will be held September 16.
  10. Items for Board Information
    1. Lewis Ocean Bay Preserve
      Mr. Frampton informed the Board of some recent problems with litter and trespassing on Lewis Ocean Bay Preserve and noted that DNR owns to the center line of International Drive. Due to the cost of repairs this road has been left in bad repair. Mr. Frampton stated that someone had hired an individual to fill in the holes and fix the road, over a weekend. Soon after the road was repaired litter became a problem on the preserve, which prompted the installation of gates across the road at either end of the property, however, these gates are not locked. Paul League showed the Board the property lines of Lewis Ocean Bay and described the roads and showed the location of the gates. Mr. League stated that the other owners of the road have been contacted about the gates. Deanna Ruth showed the Board pictures of the encroachments, litter, and unauthorized road improvements.
    2. Reedy River Mitigation Trust Fund
      Ed Duncan informed the Board that the Reedy River Mitigation Trust Fund was created due to the settlement of the 1996 Colonial Pipeline Oil Spill. Mr. Duncan distributed copies of the request for public comment and the final restoration plan. Mr. Duncan outlined the expenses of this trust fund and noted that there has been conversation with the local land trusts to hold the easements on affected property. Chairman McShane asked staff to actively look at ways to use a portion of the funds to purchase properties or establish conservation easements.
  11. Items for Board Action
    1. Dove Emergency Regulations
      Breck Carmichael reviewed the Dove Emergency Regulations as included in the Board package. Mr. Davis made a motion that the Dove Emergency Regulations be approved as presented. Mr. Evans seconded the motion and the motion carried unanimously.
    2. Croft Natural Area Emergency Regulations
      Mr. Carmichael reviewed the Croft Natural Area Emergency Regulations as included in the Board package. Mr. Campbell made a motion that the Croft Natural Area Emergency Regulations be approved as presented. Mrs. Rhodes seconded the motion and the motion carried unanimously.
    3. 2007-08 Emergency WMA Regulations
      Tim Ivey reviewed the 2007-08 Emergency WMA Regulations as included in the Board Package. Mr. Davis made a motion that the Board approve the 2007-08 Emergency WMA Regulations as presented. Mr. Murray seconded the motion and the motion carried unanimously.
    4. 2007-08 Proposed WMA Regulations
      Mr. Ivey reviewed the 2007-08 Proposed WMA Regulations as included in the Board Package. Mrs. Rhodes made a motion that the Board approve the 2007-08 Proposed WMA Regulations as presented. Mr. Evans seconded the motion and the motion carried unanimously.
  12. Director’s Briefing
    Mr. Frampton informed the Board that DNR’s gasoline costs are $50,000 more this year than July 2006.

    Mr. Frampton discussed the cost of search and rescue missions of Law Enforcement personnel. Mr. Frampton informed the Board that it cost $12,236.19 for the most recent search for Michael Timothy Jordan on August 1-3.

    Mr. Frampton distributed several commendation letters received in recent weeks. The first was from the Attorney General’s office commending Bryan Kyzer on his testimony during a recent trial; the second was from Senator Tom Alexander thanking DNR for their assistance in the Stumphouse Mountain purchase in Oconee County; and the third from Senator Lindsey Graham on awarding of the ACE Basin NERR Program Operations grant from the US Department of Commerce.
  13. Legislative Report
    Derrick Meggie reported that the Public Waters Nuisance Abatement Act (River Shacks) went into effect on August 22.
  14. Deputy Directors’ Reports
    1. Marine
      Mr. Boyles reported that the National Marine Fisheries Service turned down the request for longlining fishing permit exemption. Mr. Boyles informed the Board that three Pygmy Killer whales were stranded at North Myrtle Beach earlier in the week. Mr. Boyles reported that the Shellfish Season will open on September 17 and shrimp baiting will open on September 14. Mr. Boyles also thanked staff for their hard work on the Harry Hampton Marine Conservation Banquet in Charleston on August 18.
    2. Land, Water and Conservation
      Steve de Kozlowski stated that the Department of Agriculture will take the lead on the abandoned pesticide disposal issue. Mr. de Kozlowski gave the Board a brief drought and tropical weather update. The Drought Response Committee will meet September 5.
    3. Wildlife and Freshwater Fisheries
      Mr. Carmichael informed the Board that they are expanding the Private Lands Alligator Season by increasing the season length by two weekends.
    4. Law Enforcement
      Col. Taylor informed the Board that conditional offers have been sent to 29 candidates and they should be on board the first week in October.
    5. Outreach and Support Services
      Carole Collins gave the Board a status report on the multiple budget documents.
  15. Executive Session
    At this time Mr. Campbell made a motion that the Board hold an Executive Session to discuss contractual, legal, and personnel matters. Mr. Evans seconded the motion and the motion carried unanimously.
  16. Return to Regular Session
    Mr. Murray made a motion that the Board return to regular session. Mrs. Rhodes seconded the motion and the motion carried unanimously.

    Mr. Campbell made a motion to accept the recommendations of the Land, Water and Conservation Advisory Committee for Conservation District Commissioner appointments. Mr. Evans seconded the motion and the motion carried unanimously.

    Mr. Evans made a motion to grant an easement at Ft. Johnson to BellSouth for the purpose of installing fiber optic cable. Mrs. Rhodes seconded the motion and the motion carried unanimously.
  17. Time and Location of the Next Meeting
    The September Board meeting will be held on Friday, September 28, in Columbia.
  18. Adjournment
    There being no further business to be brought before the DNR Board at this time, the meeting was adjourned.