Chippewa County Land Conservation
Committee Meeting
October 20, 2005

The meeting was called to order by the Chair, D. Boettcher, at 7:30 a.m.  Members present were D. Boettcher, J. Brost, J. Dahl, P. Licht, P. Michels, E. Rineck, and L. Willkom. 

Agency staff present were D. Clary (Zoning), K. Voss (DNR), and J.T. Jensen, D. Masterpole, D. Nashold, R. Yohnk and J. Schemenauer - Recorder (LCD).

Others present were S. Hilger.

Item #1 -Minutes/Bills/Plans/Contracts/Agreements.

The minutes from the 9/15/2005 LCC meeting were presented.  Motion to approve the 9/15/2005 minutes, as presented: Michels/Brost.  Motion carried.

The LCD program bills, Duncan Creek project bills, and Recycling program bills were presented.  Motion to approve bills: Rineck/Brost.  Motion carried.

D. Masterpole distributed and the Committee reviewed the following Farmland Preservation application filed in July, 2005:

Landowner Tract Twn Range Sec. Acres Status Eval
S. Rothbauer T48871 T30N R10W 36 39.0 REV BAS No
  T48871 T30N R10W 36 40.0 REV BAS No

Staff reported that the administrative procedures for processing this application, as outlined in WI Stats. 91.13, have been followed, and that all State and local eligibility requirements have been met.

Motion to recommend that Chippewa County and DATCP approve the application as submitted: Willkom/Dahl.  Motion carried.           

Staff presented and the LCC reviewed a table titled: Conservation Reserve Enhancement Program (CREP) Contracts, Completed by LCD for Approval in October, 2005, (LCD 10/20/05).  The table shows the location of the field plan(s) developed by landowners to meet the requirements of USDA and State administrative rules, under the Conservation Reserve Enhancement Program (CREP).  They are as follows:

Landowner Tract Twn Range Sec. Acres Status Eval
D. Burzynski T4858 T30N R5W 36 3.6 NEW BAS No
R. Feuling T6989 T29N R9W 8 2.5 NEW BAS No
Henke Trust T1833 T28N R8W 29 20.0 NEW BAS No
R. Lawrence T5738 T30N R8W 2 & 11 4.8 NEW BAS Yes

Motion to approve CREP field plans:  Michels/Brost.  Motion carried.

The Chair changed the order of the agenda.

Item #6 - Report on Request by Lower Long Lake Protection District for Technical Assistance.

D. Masterpole distributed and the Committee reviewed correspondence from the Lower Long Lake Protection and Rehabilitation District (D. Glass to D. Masterpole 9/30/05).  The correspondence requests technical  assistance from the LCC to develop a lake management plan for Lower Long Lake. 

There was general discussion.  Discussion focused on the scope of the planning effort, the public costs/benefits, and staffing limitations.                    

Motion to provide initial consulting and technical services to the Lower Long Lake Protection and Rehabilitation District within the limits of existing resources: Dahl/Michels.  Motion carried.

Item #4 - Review Small-Scale Non-Metallic Mine Exemptions Authorized Under NR135.02(3) and Efforts to Assure Compliance.

D. Masterpole distributed and the Committee reviewed the following:

1.         Map titled:  Permitted Non-Metallic Mines, Chippewa County, Wisconsin - 2005, (LCD 10/19/05).  The map shows the location and boundaries of 74 nonmetallic mines that are currently permitted and subject to reclamation under the Chippewa County Non-Metallic Mining Reclamation Ordinance.

2.         Excerpts from WI Administrative Rule 135.02, which establishes permit exemptions.  The exemptions, which are most commonly applicable to small scale excavators, are as follows:

NR135.02(3)( c) - Exempts “Excavation or grading by a person solely for domestic or farm use at that person’s residence or farm.”

NR135.02(3)(g) - Exempts “Nonmetallic mining at nonmetallic mining sites that affect less than one acre of total (area) over the life of the mine.”

D. Masterpole reported that to assure compliance, all small nonmetallic mining sites have now been inventoried and are currently being monitored.  The owners of these sites have been contacted and have been informed of ordinance requirements and exemptions.

There was general discussion.

Item #5 - Set Year 2006 Non-Metallic Mine Reclamation Fee Schedule.

D. Masterpole distributed and the Committee reviewed a fee schedule titled:  Fee Schedule for Administration of Chippewa County Ordinance for Non Metallic Mining Reclamation, (LCD 10/19/05).  The schedule establishes annual fees for non-metallic mine plan review and operational (reclamation) permits.

Staff reported that the fee is indexed to costs of program administration and is updated annually through Committee action.  For 2006, the draft fee schedule has been prepared to reflect a 7% increase in program costs.

There was general discussion regarding non-metallic mining reclamation fees and the full costs of the program administration.

Motion to adopt the adjusted 2006 fee schedule for administration of the Chippewa County Non Metallic Mining Reclamation Ordinance, as proposed: Brost/Michels.  Motion carried.

Item #2 - Consider Change to Mapping Component of Well Permitting Process.

D. Masterpole distributed and the Committee reviewed an agreement titled:  Chippewa County Groundwater Inventory and Database, Appendix A - Working Agreement, (3/15/94).  The agreement defines the roles and responsibilities of the County departments that contribute toward the maintenance and upkeep of the Chippewa County Groundwater Inventory and Database. 

Under the agreement, well permits, issued through the Zoning Dept., are systematically GPS’d by the LCD and are matched with well logs provided by DNR.  The resulting inventory provides detailed information about groundwater conditions and subsurface geology throughout the County.

At present, the LCD maintains the associated data base and GIS layer, which is available to all parties. 

To pursue greater efficiencies, LCD staff will meet with D. Brown, Emergency Management Director, to determine the feasibility of pursuing a cooperative arrangement whereby responsibility for GPSing the well locations could be shifted to the Emergency Government Office, and be conducted as part of the 911 addressing function.

There was general discussion. 

Item #3 - Review Agricultural Zoning Districts; Discuss Optional Use for Purpose of Farmland Protection and Livestock Siting.

D. Masterpole presented a report which summarized the County’s responsibility, under WI stats., Chapter 91, as it relates to Farmland Preservation. 

To date, the Chippewa County Farmland Preservation Protection Plan has been adopted and administered to:

1.         Allow eligible landowners to enter voluntary Farmland Preservation agreements with the State of WI.

2.         Enable the County and interested Towns to pursue planning and zoning approaches to protect farmland through zoning.

S. Hilger provided comments.  Key points were as follows:

1.         The continuing trend and pattern of rural development in Chippewa County is now causing negative impacts on agricultural producers.

2.         To date, the County’s existing planning and zoning programs have not served as effective mechanisms to control rural development or protect the agricultural land base.

3.         As part of the County’s comprehensive planning process, serious efforts should be made to create mechanisms and ordinances which can be used by the agricultural producers, the towns, and the County to protect farmland.

There was general discussion regarding the content of the existing agricultural districts, now contained in the County Comprehensive Zoning Ordinance, and the concerns associated with these districts.

Additional discussion also focused on the concept of using a voluntary Purchase of Development Rights (PDR) approach, in combination with zoning based density limits, as a means to establish agricultural production zones where land is permanently dedicated for agricultural use.

Item #7 - Overview of Voluntary DNR Program Audit; Implementation of Agricultural Nonpoint Performance Standards.

J.T. Jensen provided an overview of a Memorandum of Understanding (MOU) between the Chippewa County LCC and Wisconsin DNR (1999).  The MOU defines specific agency roles and responsibilities used toward implementing the NR151 agricultural nonpoint standards in Chippewa County.

J.T. Jensen distributed and the Committee reviewed a handout titled:  Evaluation of MOU to Implement Agriculture Performance Standards and Prohibitions WDNR - Chippewa County, (LCD 10/20/05).  The handout contains a topical agenda which will be used on 10/20/05 to conduct a voluntary program audit and evaluation of the current MOU.

There was general discussion regarding the NR151 agricultural nonpoint performance standards and issues/concerns that Chippewa County has encountered in implementing the standards.

The next LCC meeting was scheduled for Thursday, November 17, 2005, at 7:30 a.m.

Motion to adjourn: Dahl/Willkom.

The meeting was adjourned at approximately 9:40 a.m.


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