Utah Conservation Commission (Ucc) Meeting

M I N U T E S (Unapproved Draft) UTAH CONSERVATION COMMISSION (UCC) MEETING Regular Meeting, September 15, 2014 Location, Salt Lake City, UT

ATTENDANCE: LuAnn Adams, Commissioner, Utah Department of Agriculture and Food (UDAF), Conservation Partners Representatives: cont’d Standing UCC Chair Clinton Hill, Box Elder County District Manager Loralie Cox, Zone 2 Coordinator, UACD Appointed Conservation District (CD) Supervisor Reed Smith, Davis/Weber Counties District UCC Voting Members: Manager S Bruce Karren, Zone 1 David Pace, Zone 4 Coordinator, UACD Doug Bateman, Zone 2 Tracy Balch, Zone 4 Assistant Coordinator, UACD Alan Brown, Zone 3 Tyce Palmer, Zone 5 Coordinator, UACD Scott Mower, Zone 4 Roger Barton, Zone 7, Coordinator, UACD, via Allen Henrie, Zone 5 conference call Ed Bench, Zone 6, via conference call Kerry Van Dyke, State Engineer, UACD Joe Begay, Zone 7 Cheryl Probert, USDA Forest Service Elise Boeke, Acting State Conservationist USDA Standing Ex-Officio UCC Voting Members: NRCS Wendell Stembridge, President, Utah Association of Conservation Districts (UACD) Department of Agriculture and Food: Jerry Caldwell, Utah Weed Supervisor Scott Ericson, Deputy Commissioner Association President Stephen Ogilvie, Director, Administrative Services Walt Baker, Director, Water Quality Division, Utah Thayne Mickelson, UCC Executive Director Department of Environmental Quality Sherie Edginton, Executive Secretary, UCC Robert Newhall, UT State University Extension Karen Rhynsburger, Loan Specialist, Agricultural (USU) Loans Section Jay Tanner, Chair, State Grazing Advisory Board Rob Hougaard, Director, Plant Industry and Lou Brown, for Kevin Carter, Director, Utah Conservation School and Institutional Trust Lands Administration Clark Burgess, Deputy Director, Plant Industry and Conservation Commission Members Absent: Troy Forrest, State Coordinator, GIP Alan Brown, Zone 3 Mark Quilter, Salinity Program Mike Styler, Director, Utah Department of Natural Jay Olsen, Environmental Specialist, ACES Resources Program Lowell Braxton, Vice Chair, State Grazing Melissa Ure, Policy Analyst Advisory Board Guests: Alternate UCC Members (Non-voting): Wayne Kidd, Office of the Legislative Auditor Spencer P Holmgren, Zone 1 General Nile Carlson, Zone 2 Evan Curtis, Governor’s Office of Planning and Bill Butcher, Zone 7 Budget Bob Barry, San Juan CD Conservation Partners Representatives: Ivan Djambov, Legislative Fiscal Auditor Gordon Younker, Executive Vice President, UACD Kent Jones, DNR, Water Rights Bracken Henderson, Zone 1, Coordinator, UACD Rachel Lofts, DNR, Water Rights James Greer, DNR, Water Rights

SUMMARY OF COMMISSION ACTION

1. Meeting Minutes for the June 24 and July 31, 2014. Page2 2. Forward the Capitol Projects Needs and Canal Safety Issues to the Legislature Page 2 3. Approve Changes to the ACES workbooks Page 3 4. Approve the List of ACES Certified Planners Page 3 5. Ratify Loan for The Carters Page 4 6. Ratify Loan for Mikejohn Land, LLC Page 4

Utah Conservation Commission Meeting Minutes September 15, 2014, Salt Lake City, UT

of 5 UCC MEETING - CALL TO ORDER

Utah Department of Agriculture and Food Commissioner, LuAnn Adams, Utah Conservation Commission (UCC) Chairman, called the meeting to order at 8:08 A.M.

APPROVAL OF MINUTES

Commissioner Adams indicated that the June 24, 2014 and July 31, 2014 meeting minutes draft were distributed electronically, and to some by hard copy with this meeting notice. She asked for action on these minutes. There was one correction on the July 31, 2104 meeting minutes. The motion was made by Mr. Bruce Karren to approve June 24, 2104 meeting minutes, seconded by Mr. Joe Begay. The motion passed unanimously by voice vote. The motion was made by Mr. Allen Henrie to approve July 31, 2104 meeting minutes, with corrections, seconded by Mr. Doug Bateman. The motion passed unanimously by voice vote.

UTAH CONSERVATION DELIVERY

Mr. Thayne Mickelson, UCC Executive Director, reported on the items that were discussed in the White Paper Committee meetings. Over the last three years, SERA and the pot of money for the UCC expenses has run into the negative, and money from other line items has had to be used to cover the expense over run. The audit felt that creating a Pooling Model would be more efficient for conservation delivery. It is very important to empower the districts by sending the funding to them instead of running it through UACD first. He introduced a funding and staff matrix. This matrix shows how state funding would be allocated to UDAF, then to the districts. Employees, such as zone coordinators and planners would be state employees but would be directed by the individual conservation districts. If the district chose to, they could contract with UACD for special projects, education and the yearly convention. Through Utah code, the districts are accountable to the UCC.

The audit brought out a conflict of interest, because the same CD supervisors are serving on the UACD board and the UCC. If there isn’t a contract between UACD and UDAF, then there would not be a conflict of interest.

In order to cover all the costs of changing the delivery system, there needs to be additional funding of about $500,000 or more.

The White Paper should be ready by the next UCC meeting.

Mr. Stephen Ogilvie, Director of Administrative Services, reported on funding needs for the Conservation Delivery Pooling Model.

Mr. Mickelson introduced two documents showing the capital project funding needs and canal safety issues. A motion was made to forward the capital projects needs and canal safety issues documents to the legislature by Mr. Bruce Karren, seconded by Mr. Allen Henrie. The motion passed unanimously by voice vote.

The UCC would like to have reports from the Bureau of Reclamation, on available funding for canals.

The draft mission statement for the UCC is: “Building a stronger Utah Conservation Program and services delivery for future generations.” It was suggested to include a graphic with the mission statement. It was decided to approve the mission statement at the next UCC meeting.

NRCS UPDATE

Ms. Elise Boeke, Acting State Conservationist, NRCS, reported on a new RCPP program that was included with the new Farm Bill. This program encompasses all the NRCS programs. There were approximately 600 applications submitted nationwide. The final selection will be made November 14. There is only one project from Utah that was asked to submit a second full detail proposal. It was the Upper Bear River Stream Restoration Project; this project

of 5 crosses state lines from Utah to Wyoming. There were 12 proposals submitted that were encompassed only in Utah, 2 of which were asked to submit full proposals. There were 277 Cooperative Conservation Area (CCA) proposals for the Colorado River CCA; one was asked to submit a full proposal.

There are 13 Emergency Watershed Program projects that have been funded and active, with well over $13 million in funding.

The new Farm Bill has revised the conservation easement program. There are 5 new easements that were accepted in Utah, with funding of $5 million.

AGRICULTURE CERTIFICATE OF ENVIRONMENTAL STEWARDSHIP (ACES)

Mr. Jay Olsen, Environmental Specialist, reported the EPA asked the pesticide portion of the Farmstead certification workbook be changed to include the question “do you store, handle or apply any pesticides?” and to petroleum product storage section, to add “Compliance under this section does not provide Certification to EPA’s SPCC requirements or Utah’s Underground Storage Tank Program.”, and the questions; “Do you store petroleum products at the farmstead?”; “The Spill Prevention, Containment, and Countermeasure Plan (SPCC) (40 CFR 280-10) will be reviewed by the certified planner”; “A Leakage Detection Program may be required. Provide a copy of the provisions of the Underground Storage Tank (UST) provisions to the certified planner for review (40 CFR 280-20)”. Under the Septic System portion, “Sewage sludge may be applied under certain conditions, review 40 CFR 503 for requirements”. In the Animal Feeding Operation work book, “Is the operation and facilities designed, operated and maintained so no agriculture water discharge may occur from any of the manure storage facilities, or animal housing and feeding areas, or processing facilities?” A motion was made to approve the changes to the ACES workbooks by Mr. Walt Baker, seconded by Mr. Doug Bateman. The motion passed unanimously by voice vote.

Mr. Olsen distributed a list of attendees to the ACES training on July 10. There needs to be additional training for the planners from NRCS. A motion to approve the planner certification list was made by Mr. Allen Henrie, seconded by Mr. Alan Brown. The motion passed unanimously by voice vote. The list of certified planners will be presented to the UCC each year to be approved.

CANAL SAFETY

Mr. James Greer, Assistant State Engineer, reported HB 370 was the bill that was passed by the legislature, which requires an inventory of all the canals of five CSF or greater, in the state, by the State Engineers office. $130,000 was provided for the inventory for 3 years. The State Engineers office can contract with conservation districts to provide the alignment and inventory, and to provide technical support to provide canal management plans.

WATERSHED RESTORATION INITIATIVE REPORT

Mr. Mike Styler, Director, Utah Department of Natural Resources, circulated a spreadsheet that showed watershed restoration projects for fiscal year 2015. The report showed the partners and the funding groups. The total proposed acres to be treated is 165,396, and total funding from all involved agencies and groups is $22.5 million. These numbers do not include any fire restoration.

CONSERVATION DISTRICT REPORT (Zone 1)

Mr. Bruce Karren, Zone 1 UCC Member, reported on the activities of the 5 conservation districts in Zone 1: Blacksmith Fork CD supported treatment in Cache and Box Elder counties to spray 1113 acres and reseed 1317 acres of medusahead infested rangeland. The obtained an additional $127,000 Invasive Species Mitigation Grant to tread medusahead in Cache, Box Elder and Morgan counties. North Cache CD acquired $27,000 of strategic NRCS funding to treat Russian knapweed in the Trenton/Cornish area over 3 years. Northern Utah CD mapped and treated about six miles of the riparian corridor along the Bear River for noxious weeds with grants from USFWS and Utah Forestry, Fire and State lands. Rich County CD maintained 22,357 feet of fence for the BLM riparian exclosures. West Box Elder CD implemented a CRMP for western Box Elder County, including; the installation a gas pump card reader at the Grouse Creek Store, worked with the City of Rocks National Reserve to create an alternate tourist route

of 5 through Grouse Creek, is working with various entities, and 1000s of acres of pinion juniper invasion has been and are being treated throughout West Box Elder. They secured $18,000 for Russian knapweed control and initiated and accepted the Box Elder County Sage Grouse Management plan. AGRICULTURE RESOURCE DEVELOPMENT LOANS (ARDL) REPORT

Ms. Karen Rhynsburger, ARDL Loan Specialist, reported on the ARDL program status as of August 31, 2014.

ARDL Bank Account $656,525 Investment Account $10,726,246 Cash Total $11,382,771 Undisbursed Loans $643,126 Loan Applications in Process $2,063,252 Zone Allocations $7,931,928 Applications & Zone Funds Total $9,995,180 Net Cash Position $744,465 Legislative Appropriation $22,257,087 Principal Balance of Loans $17,917,192 Undisbursed Funds $643,126 Total $18,560,318 Contracted Loans 450 Active Applications 24 Average Contracted Loan Size $41,245 Loans 30 Days Past Due 6 Principal Repayments Year to Date $440,817 Interest Payments $25,114 Penalty Payments $809 Total $466,739 Loans Paid Off 12 New Loans 4 Average New Loan Size $86,703 TA Fees Paid to UACD Year to Date $13,339

Ms. Rhynsburger reported on a loan for Larry and Lisa Carter for $657,103 for the purpose of installing three solar power plants in cooperation with Rocky Mountain Power’s net Metering Program near three wells to reduce the rising cost of electricity from pumping. A motion was made to ratify the loan for The Caters by Mr. Joe Begay, seconded by Wendell Stembridge. The motion passed unanimously by voice vote.

Mr. Rhynsburger reported on a loan for Mikejohn Land, LLC for $266,690 for the purpose of replacing two existing old water wells with two new wells. A motion to ratify the loan for Mikejohn Land, LLC was made by Mr. Alan Brown, seconded by Mr. Joe Begay. The motion passed unanimously by voice vote.

UCC BUSINESS

Mr. Thayne Mickelson circulated a reported on the FY2014 SERA funds. Each year $135,000 is allocated for SERA. In FY2014 $167,858 was reimbursed to CD Supervisors. The $32,958 overage was covered by other funds.

Mr. Mickelson handed out a draft UCC meeting schedule for 2015. He asked the Zone Coordinators if they can give him the dates of the annual zone meetings for 2015. The schedule for the UCC meeting will be approved at the November UCC meeting.

There is a Travel Policy being developed for CD Supervisor and UCC Member travel reimbursements. This policy will be approved at the November UCC meeting.

Mr. Mickelson gave the names of the people who will be serving on the CRM steering committee.

of 5 Mr. Bracken Henderson, Zone 1 Coordinator, UACD reported next year’s Utah Conservation Field Day will be held in Garden City, in Rich County.

OTHER BUSINESS

CALENDAR OF FUTURE EVENTS

1. UCC Meeting: Nov 12, at Davis Conference Center in Layton 2. UACD Annual Convention: Nov 13-14, at Davis Conference Center in Layton 3. NACD Annual Convention: February 1-4, 2015 4. 2015 Legislative Session: January 26-March 12, 2015

ADJOURNMENT Meeting adjourned 11:47 PM

Sherie Edginton, Conservation Program Secretary

Thayne Mickelson, UCC Administrative Officer