Minutes of the April 13, Natural Resource Commission 2017 Meeting

Meeting Held at: Iowa Department of Natural Resources 502 E 9th St , 4th Floor Des Moines, Iowa

For Office Use Only

Date Minutes Approved By NRC:

Director's Signature: (' L__Q_ G i)f Chuck Gipp Director RECORD COPY File Nome: ADM 1-1-1 NRCMINUTES April 13, 2017 Natural Resource Commission Minutes TABLE OF CONTENTS(* indicates consent item) Call to Order ...... 2 Commissioner Attendance ...... 2 Public Participation ...... 2 1. Approval of Agenda ...... 3 CARRIED AS PRESENTED •.•...•..•..•..•...... •...... ••..•..••..•.•. 3 2. Approve Minutes of 03/09/17 NRC Public Meeting ...... 3 CARRIED AS PRESENTED ...... •..•..•....•..•..••.••.•.••.••.•..•...... 3 3. Approve Minutes of 03/10/17 NRC Public Meeting ...... 3 CARRIED AS PRESENTED ...... •.....•....••.•.••....••...••..•..•..•...... 3 4. Director's Remarks ...... 3 5. Division Administrator's Remarks ...... 3 6. Donations ...... 4 CARRIED AS PRESENTED ..•..••.••..•.•.....•..•.•...... •..•..•.... 4 7. Chapter 91, Waterfowl and Coot Hunting Seasons; Chapter 97, Common Snipe, Virginia Rail and Sora, Woodcock, Ruffed Grouse and Dove Hunting Seasons; Chapter 102, Falconry Regulations for Hunting Game- Final Rule ...... 4 CARRIED AS PRESENTED ...•...... •..•...... •.•.••..•....•..•...... 10 8. AU Proposed Decision Review (DIA No. 17DNR020) - In the matter of Michael O'Hearn ...... 10 CARRIED AS PRESENTED •...•...... •....•..•.....•...... •...•.. 11 *9. Contract with Matthew McQuillen - IHAP ...... 11 CARRIED UNDER CONSENT ..•...... •...... •..•...... •...•...... •.. 11 *10. Contract with Custom Seeding and Habitat- IHAP ...... 11 CARRIED UNDER CONSENT ...... •..•.....•....•..•.....•....•..•.••....•...... 12 *11. Contract with Lesueur River Seeding and Conservation, LLC. Guyer- IHAP ...... 12 CARRIED UNDER CONSENT ...... •...•...••.•...•...... •...... 13 12. Naming of the Loess Hills Visitor Center to the Brent S. Olson Memorial Visitor Center ...... 13 CARRIED AS PRESENTED ...... •...... •...... •...... •..••...••...... •...... •...... 13 13. Contract with Des Moines Water Works ...... 13 CARRIED AS PRESENTED ...... 14 14. Chapter 30 - Waters Cost-Share and Grant Programs, Water Trail Development Grant Recommendations ...... 14 CARRIED AS PRESENTED ...... •..•...... •...•.•. 15 15. Public Land Acquisition Projects ...... 15 15.1. Big Marsh Wildlife Management Area, Butler County- Iowa Natural Heritage Foundation ...... 15 CARRIED AS PRESENTED ...... 16 15.2. Big Marsh Wildlife Management Area, Butler County- Iowa Natural Heritage Foundation ...... 16 CARRIED AS PRESENTED ...... 16 15.3. Heritage Hills Wildlife Management Area, Madison County- Iowa Natural Heritage Foundation16 CARRIED AS PRESENTED ...... •...... •...... •...... •...... •..•.. 17 16. Public Land Management Projects ...... 17 *16.1. Chapter 18 Lease -Alter Trading Corporation -Scott County ...... 17 CARRIED UNDER CONSENT ...... •..••...•...... •...... ••.•.. 17 16.2. Management Agreement -Willow Creek Wildlife Management Area -- Greene County Board of Su~Mm~ ...... 17 CARRIED AS PRESENTED ...... •..•.•.....•..•.•..•...•..•••....•..•....•..•.•..••...... 17 *16.3. Management Agreement - Falls Access Area - Black Hawk County Conservation Board ...... 17 CARRIED UNDER CONSENT ...... 18 *16.4. Management Agreement- McFarlane Park- Black Hawk County Conservation Board ...... 18 CARRIED UNDER CONSENT ...... •...... •..•...... •....•....•.....•..•.••...... •...... 18 lJPage April 13, 2017 Natural Resource Commission Minutes *16.5. Transfer of Jurisdiction - Big Mill Creek Wildlife Management Area - Department of Public Safety- Jackson County ...... 18 CARRIED UNDER CONSENT ...... 18 17. Construction - Small Projects ...... 18 INFORMATIONAL ...... 20 18. Construction Projects ...... 20 18.1 Apple Jack Marsh, Wetland Improvements- Dickinson County ...... 20 CARRIED AS PRESENTED ...... 21 18.2 Ahquabi State Park, Boat Storage Building - Warren County ...... 21 CARRIED AS PRESENTED ...... 21 18.3 Honey Creek Resort State Park, Wave Attenuator Extension -Appanoose County ...... 22 CARRIED AS PRESENTED ...... 22 18.4 Mcintosh Woods State Park, Boat Ramp Replacement - Cerro Gordo County ...... 22 CARRIED AS PRESENTED ..•...... •.•...... •.•.•...•.•.•.•.••.• 23 18.5 Bellevue State Park, Vault Restroom Building Replacement - Jackson Co., Iowa ...... 23 CARRIED AS PRESENTED ...... •..•.•...... ••.•••...••.•.•..•..•..••.•.•.•.•.•..••.••.••.•...... 23 18.6 City of Boone Water Works, Loop Drive and Parking Project Phase 1of2 - Boone County ...... 23 CARRIED AS PRESENTED ...... •..•.•...... •.•.•...•.•.•.•.••.. 24 19. General Discussion ...... 25 Adjournment ...... 25 CARRIED - MEETING ADJOURNED ...... 25 Upcoming NRC Meeting Dates ...... 25

MEETING MINUTES CALL TO ORDER The meeting of the Natural Resource Commission was called to order by the NRC Chair, Margo Underwood, on 04/13/17 at 9:30am.

COMMISSIONER ATTENDANCE Present Conrad Clement (by phone) [9:30am-1:15pm] Kim Francisco, Secretary [9:30am-1:15pm] Dr. Sally Prickett, Vice-Chair (by phone) [9:30am-1:1Spm] Phyllis Reimer [9:30am-1:15pm] Dennis Schemmel [9:30am-1:1Spm] Margo Underwood, Chair [9:30am-1:1Spm]

Absent Marcus Branstad

PUBLIC PARTICIPATION ADDREss> • .. Rff>RESENl]NG iS\Jl3JECT Philip Larson 1078 200'h, Boone, IA None Ed Center Robert (Bob) L. North 586 I Ave, Pilot Mound, IA Education Center/ Youth Deer Per the Chair's request, Director Gipp provided information regarding the difficult decision to close Springbrook Conservation Education Center.

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1. APPROVAL OF AGENDA Motion - Commissioner Francisco with the amendment that Item #8 (AU Proposed Decision Review (DIA No. 17DNR020)- In the matter of Michael O'Hearn) follow public comment. Seconded - Commissioner Schemmel Decision -Approved by Unanimous Vote CARRIED AS PRESENTED Ii

2. APPROVE MINUTES OF 03/09/17 NRC PUBLIC MEETING Motion - Commissioner Francisco Seconded - Commissioner Reimer Decision -Approved by Unanimous Vote ii CARRIED AS PRESENTED II

3. APPROVE MINUTES OF 03/10/17 NRC PUBLIC MEETING Motion - Commissioner Francisco Seconded - Commissioner Reimer Decision -Approved by Unanimous Vote ii CARRIED AS PRESENTED

4. DIRECTOR'S REMARKS Director Gipp provided information regarding the pending budget that the legislature is currently finalizing, legislation that has passed regarding snowmobiles and the State Forest Nursery, pending bills related to the Fish and Wildlife Trust Fund and pricing for State Parks' facilities. Dr. Garner, Division Administrator, provided information about the legislature's bill regarding straight walled cartridge use. Commissioner Francisco commented on the improvement seen at Honey Creek Resort with the new management and noted the Resort will be hosting the Cast Away event for veterans. Director Gipp shared how the DNR is involved and supporting the event.

Commissioner Underwood thanked the exiting commissioners, Dr. Sally Prickett and Conrad Clement, for their service on the Natural Resource Commission and referenced the certificate of appreciation that will be given to them. Commissioners, Director Gipp, and Dr. Dale Garner, Division Administrator, also, offered their thanks and appreciation for their service. Commissioner Prickett shared her gratitude for being able to serve and noted how much she has learned during this time and appreciates the relationships cultivated. Commissioner Clement stated he was honored to have been asked to serve by the Governor and proud of many of the things the Commission has been able to accomplish over the six years.

5. DIVISION ADMINISTRATOR'S REMARKS Division Administrator, Dr. Dale Garner, provided information regarding his new role, offered thanks to our legislative liaisons for the work they have done, offered his thanks for Chris Ensminger in serving as Acting Wildlife Bureau Chief, and introduced Todd Bishop the newly hired Wildlife Bureau Chief. He provided an update from his attendance at the North American Natural Resources and Wildlife Conference last month and the Migratory Bird Stamp funds; Chronic Wasting Disease in Iowa and depopulation efforts; and the Midwest Wildlife Health meeting next week that DNR is hosting, from which a formal report will be prepared. Commissioners requested a copy of the report when completed and continued updates on CWD. Dr. Garner commented on the DNR's partnership and ongoing communication with the Department of Health and the Department of Agriculture and Land Stewardship on this issue.

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6. DONATIONS The Natural Resource Commission is requested to approve the following donations: -~s:Y -::\:.;,-,,,._,.·····- ___ ->''(-,.-,::_ i'}.··--_-::.-<>;;- .... o~ii~ti!5~j.i>t1i>¥.lde~.1;Jy:· .- ..... ··•···· ...... •.....•. ~.::~.-;;}•.Si>~ • Cedar Rock State Park $200.00 Laptop computer and carrying bag Allison York and John Schmidt for Park use. Pine Lake State Park $699.99 Funds toward the purchase of a Trek Rachel Nedved, Treasurer patrol bicycle. Friends Of Pine Lake State Park Pine Lake State Park $639.93 Equipment For Trek patrol bike (Bag, Rachel Nedved, Treasurer Headlight, Taillight, Odometer, Mini Friends Of Pine Lake State Park Repair Tool, Helmet, and Vehicle Hitch Rack) Walnut Woods State $540.00 Limestone boulders for parking Jay Johnson, Martin Marietta Park, Purple Martin delineation at Purple Martin Lake. Company Lake Walnut Woods State $2,742.00 Chainlink fence around purple Linda MacBride, President Park, Purple Martin martin houses at Purple Martin Friends of Walnut Woods Lake Lake. Fish and Wildlife Trust $23,000.00 Bequeath in memory of Bryan Jon Terry O. Parsons, Olsen & Fund Timmerman to be used for trout Parsons Law Firm stream acquisition in northeast Iowa. Parks and Law $50.00 Two $25 Casey's gift cards to T. Waldmann-Williams, Marion Enforcement support public event needs County Republicans sponsored by Parks and Law Enforcement bureaus. Parks and Forestry $100.00 Funds to support Parks and Forestry Michael Davis in memory of Mary K Davis Fish and Wildlife Trust $100.00 Funds to support the Fish and Autumn Seiler Fund Wildlife Trust Fund in memory of Don Sievers, a Jong time former employee of the DNR.

Motion - Commissioner Francisco Seconded - Commissioner Schemmel with the gratitude Decision -Approved by Unanimous Vote

CARRIED AS PRESENTED

7. CHAPTER 91, WATERFOWL AND COOT HUNTING SEASONS; CHAPTER 97, COMMON SNIPE, VIRGINIA RAIL AND SORA, WOODCOCK, RUFFED GROUSE AND DOVE HUNTING SEASONS; CHAPTER 102, FALCONRY REGULATIONS FOR HUNTING GAME­ FINAL RULE The Commission is requested to adopt a final rule to amend Chapter 91, "Waterfowl and Coot Hunting Seasons", Chapter 97, "Common Snipe, Virginia Rail and Sora, Woodcock, Ruffed Grouse and Dove Hunting Seasons", and Chapter 102, "Falconry Regulations for Hunting Game". Chapter 91, Waterfowl and Coot Hunting Seasons: Basic Intent of Current Rule: This chapter contains the regulations for hunting waterfowl and coot and includes season dates, bag limits, possession limits, shooting hours, and areas open to hunting. Proposed Rule Change: The proposed notice adjusts the season dates to comply with United States Fish and Wildlife Service (USFWS) regulations and to ensure the seasons begin on weekends. Also included is a fourth

41Page April 13, 2017 Natural Resource Commission Minutes year of the experimental special September teal season; similar to 2016 the teal season in the North and South zones will be 9 days while the Missouri River Zone will have 16 days. Finally, the Canada goose season was adjusted to allow youth to harvest geese on Youth Waterfowl Hunting Days and, as in the recent past, nine days of Iowa's 107-day Canada goose season will be used to open special September Canada goose seasons in zones around Des Moines, Cedar Rapids/Iowa City, and Cedar Falls/Waterloo. Additional changes to Chapter 91 include a minor change to the boundary of a waterfowl refuge in the Upper Iowa Wildlife Unit, adjusting daily bag limits to comply with USFWS frameworks, and removing all language addressing the 2016-2017 zone structure. 2017-2018 MIGRATORY GAME BIRD SEASONS _N_O_R_T~H_2_0_N_E_. _·-_1..._·-_·_. _··=S=O=U=T_-.H~-.Z=O=N=E=====i==M=-0-R-IV_E_R_Z_O_N_E __ _

Special September teal 09/02/17-09/10/17 09/02/17 - 09/10/17 I 09/02/17 -09/17/17

Ducks, Mergansers and Coots 09/23/17 -10/01/17 09/30/17 -10/04/17 10/07/17 -10/08/17 10/14/17 -12/03/17 10/21/17-12/14/17 10/21/17 -12/17/17 )------·------+------·------~~c__---'--'-----1--~-c__ _ _J_.c___J Youth Waterfowl Hunting Days 09/16/17 - 09/17 /17 09/23/17 - 09/24/17 09/30/17 - 10/01/17

Dark geese (Canada geese, brant, 09/23/17 - 10/08/17 09/30/17 - 10/08/17 10/07/17 - 10/15/17 and white-fronted geese) 10/14/17 - 01/01/18 10/21/17 - 01/15/18 10/21/17 - 01/15/18 --.------~----1---~~--~~--0-~----.. -· .. ------·------Light Geese (white and blue phase 09/23/17 - 10/08/17 09/30/17 - 10/08/17 10/07/17 -10/15/17 snow geese and Ross' geese) 10/14/17 - 01/10/18 10/21/17 - 01/24/18 10/21/17 - 01/24/18 SPECIAL SEPTEMBER CANADA GOOSE SEASONS ------______,,. __ -·---·------" Canada geese 09/02/17 - 09/10/17 Only in designated zones around Des Moines, Cedar Rapids/Iowa City and Cedar Falls/Waterloo. ------·------,.,._,___ ..______STATEWIDE ------··--··· ------...j Light Gees;-Conservation Order I 01/25/18 - 04/15/18 (white and blue phase snow geese I Additional regulations apply and Ross' geese) ---.. ·------~------

Chapter 97, Common Snipe, Virginia Rail and Sora, Woodcock, Ruffed Grouse, and Dove Hunting Seasons: Basic Intent of Current Rule: This chapter contains the regulations for hunting common snipe, Virginia rail and sora, ruffed grouse, and dove. Proposed Rule Change: The proposed amendments adjust the dove hunting season dates to allow for an additional 20 days. The USFWS allows doves to be hunted for 90 days.

Chapter 102, Falconry Regulations for Hunting Game: Basic Intent of Current Rule: This chapter contains the regulations for hunting game with falcons. Proposed Rule Change: The proposed amendments adjust the season dates so they do not conflict with the conventional duck hunting season and provide the maximum number of days allowed by the USFWS. The falconry season will now begin the first Saturday in January in each waterfowl hunting zone and run until the combined total of the conventional hunting season days plus falconry hunting days reaches 107. The falconry regulations were also updated to reflect the increased federal possession limit (3x the daily bag limit) and remove currently incorrect language regarding dark goose falconry seasons. NOIA Process: Notice of Intended Action was published in the Iowa Administrative Bulletin on February15, 2017, as ARC 2937C. A public hearing was held on March 7, 2017. For Rule consideration, eight comments were received from the public during the comment period. Six of the comments requested later season dates, with one comment requesting earlier goose hunting dates and one comment opposing the extension of the dove hunting season.

SI Page April 13, 2017 Natural Resource Commission Minutes Additional Changes from NOIA: One change in Chapter 91 was made from the Notice; the daily bag limit for northern pintails was reduced from two to one. The USFWS has reduced the pintail daily bag limit in the proposed framework. State regulations must comply with federal frameworks.

Effective Date of Final Rule: The Final Rule will be effective for the 2017-18 migratory bird hunting seasons beginning September 1, 2017

Attachment: Notice of Intended Action to amend Chapter 91, "Waterfowl and Coot Hunting Seasons," Chapter 97, "Common Snipe, Virginia Rail and Sora, Woodcock, Ruffed Grouse, and Dove Hunting Seasons," and Chapter 102, "Falconry Regulations for Hunting Game" NATURAL RESOURCE COMMISSION[S71] Adopted and Final Pursuant to the authority of Iowa Code sections 455A.5(6)"a," 481A.38, 481A.39, and 481A.48, the Natural Resource Commission (Commission) hereby amends Chapter 91, "Waterfowl and Coot Hunting Seasons," Chapter 97, "Common Snipe, Virginia Rail and Sora, Woodcock, Ruffed Grouse, and Dove Hunting Seasons," and Chapter 102, "Falconry Regulations for Hunting Game," Iowa Administrative Code. Chapter 91 contains the regulations for hunting waterfowl and coot and includes season dates, bag limits, possession limits, shooting hours, and areas open to hunting. The proposed amendments make the annual adjustment to the season dates for the 2017-2018 waterfowl seasons so that they comply with what the Department of Natural Resources (Department) anticipates the corresponding federal regulations will be after meeting with the United States Fish and Wildlife Service (USFWS) this year at the Mississippi Flyway Council and after reviewing the preliminary, supplemental, and proposed frameworks contained in 81 Fed. Reg. 38,050- 38,057 (June 10, 2016), 81 Fed. Reg. 53,391-53,393 (August 12, 2016) and 82 Fe. Reg. 10,222-10,254 (February 9, 2017). The amendments also ensure that the seasons open on different weekends to maximize hunter opportunity and continue for a fourth year an experimental special September teal season. The continuation of the special teal season will not adversely impact teal numbers and will allow Iowa hunters additional days of recreational hunting opportunity during the peak migration period for teal. The federal regulations will likely authorize up to 16 days for the special teal season. Last year, hunters requested, and the Commission implemented, a two-week period of calm and hunter inactivity between the end of the teal season and the start of the regular duck season. The amendments repeat this period again for the 2017-2018 seasons. The Commission proposes three other changes to Chapter 91 in this rule making. Subrule 91.4(1) is being amended to accurately reflect the posted boundary of a waterfowl refuge located in the Upper Iowa Wildlife Unit. The current subrule states that waterfowl and coot hunting is not allowed within 300 feet of the center of the Army Road from New Albin to the boat ramp on the Mississippi River within sections 11 and 12, but the refuge is actually marked at a distance of 150 feet. This is an editorial change for accuracy and does not change the refuge's actual boundary. The daily bag limits in Subrule 91.1(5) are adjusted to increase black ducks from one to two and decrease pintails from two to one as allowed by the federal framework. Finally, the Commission is removing all language addressing the old 2016-2017 zone structure. Chapter 97 contains the regulations for dove hunting. The USFWS now allows 90 days of dove hunting, up from 70 days, and the Commission is amending rule 571-97.6(481A) to reflect that change. This 20-day extension is not expected to result in a significant increase in harvest due to federal constraints on the opening date of the dove season, but it will allow hunters the maximum opportunity in season length to harvest doves. Chapter 102 contains the regulations for falconry seasons. USFWS allows duck hunting by falconry during the conventional gun hunting seasons and afterwards, too, in a special "extended" falconry-only season. This special season cannot extend the duck hunting season length beyond 107 days and is calculated as follows: 107 days minus 16 teal days, minus 2 youth days, minus 60 gun days, equals 29 days for exclusive falconry duck hunting. The later duck hunting dates implemented in the 2016-2017 seasons (and proposed again for 2017-2018) resulted in the loss of several days for exclusive falconry hunting because the conventional gun season went until December 18 in one zone and December 15 in another, which is the same day under subrule 102.2(1) that the "extended" falconry season started statewide. This four-day overlap between the gun season and the 6IPage April 13, 2017 Natural Resource Commission Minutes extended falconry season arguably "wasted" four of the falconry-only days because those falconers were already able to hunt. In other words, removing this overlap in the 2017-2018 seasons will allow for 29 days of exclusive falconry hunting, whereas last year there were only 25 days. Additionally, the Commission is changing the opening date of the extended falconry season from a specific calendar date (December 15) to a rotating weekend opener (i.e., "the first Saturday in January"), which will guarantee an annual weekend start and eliminate the need to amend the rule in the future solely to adjust a specific calendar date. Finally, the Commission updated the falconry regulations to amend the possession limit to three times the daily bag limit, per updated federal regulations, and removed incorrect language regarding the dark goose falconry season. Notice of Intended Action was published in the Iowa Administrative Bulletin on February 15, 2017, as ARC 2937C. The Commission held one formal public meeting on March 7, 2017, and a more informal statewide meeting through the Iowa Communications Network on February 22, 2017. Eight comments were received from the public during the comment period. Six of the comments requested later season dates, with one comment requesting earlier goose hunting dates and one comment opposing the extension of the dove hunting season. The following changes have been made to the Notice of Intended Action: 1. Subrules 91.1(5) have been amended to reduce the pintail bag limit from two to one to comply with federal frameworks established by the USFWS. This bag limit adjustment was not included in the notice because USFWS had not indicated these changes in the preliminary rule proposed in the Federal Register (June 6 2016) or the August 2016 Mississippi Flyway meeting. The reduction in the pintail bag limit was not formally announced until the proposed frameworks were published in the Federal Register on February 9, 2017. After analysis and review of this rule making, it was determined that there will not be an impact on jobs in the state. These amendments are intended to implement Iowa Code sections 481A.38, 481A.39, and 481A.48. The following amendments are adopted. ITEM 1. Amend subrules 91.1(1) to 91.1(5) as follows: 91.1(1) Zone boundaries. The fellawiRg zaRe aeYREiaries apply iR the time frames RateEI: e. Far the 2016 2017 seasaR, the Rarth EIYck hYRtiRg zaRe is that part af lawa Rarth ef a liRe aegiRRiRg BR the SaYth Daketa lawa aaraer at IRterstate 29, saYtheast alaRg IRterstate 29 ta State Highway 175, east to State Highway 37, seYtheast ta State Flighway 183, Rartheast ta State Highway 141, east ta U.S. Highway 30, aREl aleRg U.S. Highway 30 ta the lawa llliReis aarder. The MissaYri River dY£1( hYRtiRg zaRe is that part af lawa west af IRterstate 29 a Rd Rerth af State Highway 175. The saYth dYck hYRtiRg zaRe is the remaiRder af the state. Ir.- Far the 2017 2021 seasaRs, the The north duck hunting zone is that part of Iowa north of a line beginning on the South Dakota-Iowa border at Interstate 29, southeast along Interstate 29 to State Highway 175, east to State Highway 37, southeast to State Highway 183, northeast to State Highway 141, east to U.S. Highway 30, and along U.S. Highway 30 to the Iowa-Illinois border. The Missouri River duck hunting zone is that part of Iowa west of Interstate 29 and south to the Iowa-Missouri border. The south duck hunting zone is the remainder of the state. 91.1(2) Season dates - north zone. Special Septemberteal season: September;\£_ through September±± 10. For all ducks: September M 23 through October 21 and October±§ 14 through December 4 ~· 91.1(3) Seasan dates - south zone. Special September teal season: September i\ £_through September±± 10. For all ducks: Octaaer 1 September 30 through October!; '.1 and October 22 21 through December±§ 14. 91.1(4) Season dates - Missouri River zone. Special September teal season: September i\ £_through September ±& 17. For all ducks: October & z and October9 Jl and October 22 21 through December±& 17. 91.1(5) Bag limit. Special September teal season: The daily bag limit is 6 teal of any species. For all ducks: The daily bag limit of ducks is 6, and may include no more than 4 mallards (no more than 2 of which may be females),;!, 2 black GHEk ducks, 3 wood ducks, 2 1 piRtails pintail, 1 mottled duck, 2 canvasback, 2 redheads, and 3 scaup. The daily bag limit of mergansers is 5, only 2 of which may be hooded mergansers. ITEM 2. Amend subrules 91.3(1) to 91.3(5) as follows: 91.3(1) Zone boundaries. The follawiRg ZORe BBYRdaries apply iR the time frames Rated: 71Page April 13, 2017 Natural Resource Commission Minutes e. Fer tFie 2916 2017 seaseR, tFie RertFi geese FiuRtiRg zeRe is tFiat part ef lewa RertFi ef a liRe 13egiRRiRg SR tFie SeutR Dalrnta lewa 13erEler at IRterstate 29, seutFieast aleRg IRterstate 29 te State HigFiway 17§, east te State HigFiway 37, seutheast te State High·.vay 183, Rertheast te State Highway 141, east te U.S. HigFiway 30, aREI aleRg IJ.S. Highway 30 te the le'Na llliReis 13erEler. TF!e Misseuri River geese RuRtiRg zeRe is tFiat part ef lewa west ef IRterstate 29 a REI RertR ef State Highway 17§. TF!e seutR geese RuRtiRg ZSRe is the remaiREier ef the 5ta{e., &.--- Fer the 2017 2021 seaseRs, the The north goose hunting zone is that part of Iowa north of a line beginning on the South Dakota-Iowa border at Interstate 29, southeast along Interstate 29 to State Highway 175, east to State Highway 37, southeast to State Highway 183, northeast to State Highway 141, east to U.S. Highway 30, and along U.S. Highway 30 to the Iowa-Illinois border. The Missouri River goose hunting zone is that part of Iowa west of Interstate 29 and south to the Iowa-Missouri border. The south goose hunting zone is the remainder of the state. 91.3(2) Season dates - north zone. Dark geese (Canada geese, white-fronted geese, brant and any other geese that are not light geese): September 24 23 through October 9 l! and October ;bl> 14 through January 4, ;w±+ 1, 2018. Light geese (white and blue-phase snow geese and Ross' geese): September ~ 23 through October 9 l! and October ;bl> 14 through January 13, 2017 10, 2018. 91.3{3) Season dates - south zone. Dark geese (Canada geese, white-fronted geese, brant and any other geese that are not light geese): Octe13er 1 September 30 through October 9 l! and October b'.! 21 through January 18, 2017 15, 2018. Light geese (white and blue-phase snow geese and Ross' geese): Octel3er 1 September 30 through October 9 l! and October b'.! 21 through January 27, 2017 24, 2018. 91.3(4) Season dates - Missouri River zone. Dark geese (Canada geese, white-fronted geese, brant and any other geese that are not light geese): October 8 Z through October±€ 15 and October b'.! 21 through January ±8, ;w±-7 15, 2018. Light geese (white and blue-phase snow geese and Ross' geese): October 8 z through October±€ 15 and Octoberb'.! 21 through January 27, 2017 24, 2018. 91.3{5) Bag limit. The daily bag limit for dark geese (Canada geese, white-fronted geese, brant and any other geese that are not light geese) is 5 and may include no more than 2 Canada geese from September ~ 23 through October 31 and no more than 3 Canada geese from November 1 through the end of the season. The daily bag limit for light geese (white and blue-phase snow geese and Ross' geese) is 20. ITEM 3. Amend subrules 91.3(8) to 91.3(11) as follows: 91.3(8) Light goose conservation arder season. Only light geese (white and blue-phase snow geese and Ross' geese) may be taken under a conservation order from the U.S. Fish and Wildlife Service from January 28, 2017 25, 2018, through April 15, ;w±-7 2018. a. toe. No change. 91.3(9) Cedar Rapids/Iowa City goose hunting zone. a. Season dates. September J ~through September ±110. b. to d. No change. 91.3{10) Des Moines goose hunting zone. a. Season dotes. September J ~through September ±110. b. to d. No change. 91.3(11) Cedar Falls/Waterloo goose hunting zone. a. Season dates. September J ~through September ±110. b. to d. No change. ITEM 4. Amend subrule 91.4(1) as follows: 91.4(1) Waterfowl and coots. There shall be no open season for ducks, coots and geese on the east and west county road running through sections 21 and 22, township 70 north, range 43 west, Fremont County; three miles of U.S. Highway 30, located on the south section lines of sections 14, 15, and 16, township 78 north, range 45 west, Harrison County; on the county roads immediately adjacent to, or through, Union Slough National Wildlife Refuge, Kossuth County; Louisa County Road X61 from the E-W centerline of section 29, township 74 north, range 2 west, on the south, to the point where it crosses Michael Creek in section 6, township 74 north, range 2 west, on the north, and also all roads through or adjacent to sections 7, 18, and 19 of this same Bl Page April 13, 2017 Natural Resource Commission Minutes township and roads through or adjacent to sections 12 and 13, township 74 north, range 3 west; the levee protecting the Green Island Wildlife Area from the Mississippi River in Jackson County wherever the levee is on property owned by the United States or the state ot Iowa; certain dikes at Otter Creek Marsh, Tama County, where posted as such; and the NEY., section 23, and the NY,, section 24, all in township 70 north, range 19 west, Appanoose County, including county roads immediately adjacent thereto; and all privately owned lands in the SY,, section 30, township 71 north, range 20 west, Lucas County, including the county road immediately adjacent thereto; Cerro Gordo County Road S14 and its right-of-way, between its junction with U.S. Highway 18 and County Road B-35, and portions ot Clear Lake and Ventura Marsh, where posted as such in Cerro Gordo County; that portion ot Summit Lake located south ot State Highway 25 in the west halt ot the NWX of section 2 (22 acres), and the west half of section 3 (100 acres), T72N, R31W in Union County; and within~ 150 feet of the center of the Army Road from New Albin to the boat ramp on the Mississippi River in sections 11and12, TlOON, R4W, and sections 7 and 8, TlOON, R3W, as posted. ITEM 5. Amend rule 571-91.6(481A) as follows: 571-91.6(481A) Youth waterfowl hunt. A special youth waterfowl hunt will be held on September 16 and 17 anEl 18 in the north duck hunting zone, September 23 and 24 anEl 25 in the south duck hunting zone, and September 30 and October 1 ~in the Missouri River duck hunting zone. Youth hunters must be residents of Iowa as defined in Iowa Code section 483A.1A and less than 16 years old. Each youth hunter must be accompanied by an adult 18 years old or older. The youth hunter does not need to have a hunting license or stamps. The adult must have a valid hunting license and habitat stamp if normally required to have them to hunt and a state waterfowl stamp. Only the youth hunter may shoot ducks, geese and coots. The adult may hunt for any other game birds for which the season is open. The daily bag and possession limits are the same as for the regular waterfowl season, as defined in rule 571-91.1(481A). All other hunting regulations in effect for the regular waterfowl season apply to the youth hunt. ITEM 6. Amend rule 571-97.6(481A) as follows: 571-97.6(481A) Dove season. Open season for hunting mourning doves and Eurasian collared-doves shall begin on September 1 and continue for +-0 90 consecutive days. Shooting hours shall be from one-half hour before sunrise to sunset each day. Daily bag limit is 15; possession limit is 45. The entire state is open. ITEM 7. Amend rule 571-102.2(481A) as follows: 571-102.2(481A) Migratory bird regulations. Seasons and limits for taking migratory birds by means of falconry shall be as follows: 102.2(1) Ducks and coots. The season for taking ducks and coots statewide by means of falconry may vary among duck hunting zones. Falconry seasons for ducks and coots shall be open whenever the conventional (gun) duck and coot hunting season is open in each zone, as described in rules 571-91.1(481A) and 571-91.2(481A), and shall also be open beginning DeEefflser 15 the first Saturday in January in each zone and remain open until the combined total of the conventional hunting season days plus falconry hunting season days reaches 107 for the zone or February 28, whichever occurs first. 102.2(2) Geese. The season for taking geese by means of falconry may vary among goose hunting zones. Falconry seasons for white-fronted geese and light geese (white and blue-phase snow geese and Ross' geese) shall begin each year on the first day of the conventional (gun) hunting season for these geese in each zone, as described in rule 571-91.3(481A), and rnntinue in each zene for 1G7 censecutive Elays. Falconry seasons for Canada geese and brant shall be open concurrently with the conventional (gun) hunting season for these geese as well as any days 13etween the first, secend, er third segfflents ef the cenventienal (gun) hunting seasen for Canada geese and 13rant. 102.2(3) No change. 102.2(4) Hawking hours and limits. Hawking hours for migratory game birds are one-half hour before sunrise to sunset. The daily bag limit shall include no more than three migratory game birds, singly or in aggregate. The possession limit is twiEe three times the daily bag limit. There are no hawking hour restrictions for nonmigratory game during the legal season.

9IPage April 13, 2017 Natural Resource Commission Minutes Motion - Commissioner Schemmel Seconded - Commissioner Reimer Discussion -Chris Ensminger, Wildlife Bureau, provided information regarding the data showing the stability of the dove population and that the extended dove season would not be detrimental to the population. Decision -Approved by Unanimous Vote

CARRIED AS PRESENTED II

8. AU PROPOSED DECISION REVIEW {DIA NO. 17DNR020}- IN THE MATTER OF MICHAEL O'HEARN This matter comes before the Natural Resource Commission ("Commission") for review of a Proposed Decision issued by an Administrative Law Judge ("AU") of the Iowa Department of Inspections and Appeals in case number 17DNR020 - In the matter of Michael O'Hearn. Mr. O'Hearn filed a timely appeal of the AU's Proposed Decision. The matter is now before the Commission for final agency action. On May 11, 2016, Mr. O'Hearn was convicted in Page County District Court of 11 counts of violating Iowa Code 481A.92 (failure to check traps). These convictions carried a total of 11 points under the multiple offender points system established at 571 IAC 15.16. The administrative rules provide that the accumulation of 11 multiple offender points within a three year period requires a two year license suspension. Additionally, Iowa Code 482.1(2) "e" authorizes the suspension of a commercial turtle license for up to one year if the licensee is convicted of violating any provision of Iowa Code Chapter 481A. On August 29, 2016, the Department notified Mr. O'Hearn of its intent to suspend his furharvester privileges for a period of two years and his commercial turtle privileges for a period of one year, and he requested a hearing on the matter. The hearing took place with an AU on February 15, 2017. On February 17, 2017, the AU issued a Proposed Decision affirming the Department's action. The AU found that the Department scored Mr. O'Hearn's convictions correctly and that the two year furharvester suspension was required under the multiple offender rules. The AU also found that the one year suspension of Mr. O'Hearn's commercial turtle license was authorized by law and was reasonable in light of the facts of the case. Mr. O'Hearn is now appealing the ALJ's Proposed Decision to the Commission. The Department requests that the Commission affirm the AU's Proposed Decision. The Department has taken no action against Mr. O'Hearn's licenses during the pendency of his hearing and his subsequent appeal. The Commission is being presented with the Proposed Decision of the AU and documents related to Mr. O'Hearn's appeal for review. The Commission may reverse, in whole or in part, or uphold the AU's proposed decision by vote or no action, which constitutes final agency action. The parties should be allowed oral arguments pursuant to rule 5611.A.C. 7.17(5)(e). Dave Dorff, Assistant Attorney General, provided information regarding the process of reviewing today's Administrative Law Judge case.

Oral arguments, rebuttals, and responses to Commissioners were made by Michael O'Hearn and IA DNR Attorney, John Crotty. DNR Officer Aron Arthur provided information regarding the process for scoring violations for revocation and the implementation of the inclusion of the turtle license revocation.

Motion - Commissioner Schemmel moved to go into closed session to discuss the decision to be rendered in a contested case according to the provisions in Chapter 17A under Iowa Code 21.5(1)f). Seconded - Commissioner Reimer Commissioner Clement - aye Commissioner Francisco - (Commissioner Francisco recused himself from the deliberations due to his previous contact with Mr. O'Hearn during the turtle rule discussions.) Commissioner Prickett - aye Commissioner Reimer - aye Commissioner Schemmel - aye Commissioner Underwood - aye ...... 10 I P a g e April 13, 2017 Natural Resource Commission Minutes Decision - Approved by Unanimous Vote CLOSED SESSION (11:33a)

Motion to return to Open Session (11:57am) - Commissioner Schemmel Seconded - Commissioner Reimer Decision - Approved by Unanimous Vote

Motion - Commissioner Clement moved to uphold the AU's Decision as the final decision of the Commission Seconded - Commissioner Reimer Discussion - none Commissioner Clement - aye Commissioner Francisco - aye Commissioner Prickett - aye Commissioner Reimer- aye Commissioner Schemmel - aye Commissioner Underwood - aye

Decision -Approved by Unanimous Vote II CARRIED AS PRESENTED II

*9. CONTRACT WITH MATTHEW MCQUILLEN - IHAP Commission approval is requested for a contract with Matthew McQuillen, Anamosa, IA. Contract Terms Amount: not to exceed $29,290.20 Dates: April 14, 2017 -August 30, 2017 Funding Source(s): Voluntary Public Access Grant- Iowa Habitat Access Program Contract Purpose: Complete tasks to establish 71.21 acres of native pollinator grassland habitat, 2 acres of shrub planting, 7 .16 acres of firebreak, and establishment mowing for the Iowa Habitat Access Program. Landowner and Property Description: Matthew McQuillen; owns an 85-acre property in Section 22, T83N, RlW, Jones County, Iowa, that has been enrolled in the Iowa Habitat and Access Program (IHAP). IHAP Agreement Dates and Access: November 1, 2016 until May 31, 2027; the property will be open to public access for hunting from September 1, 2017 - May 31, 2027. Land Management Tasks: The Wildlife Management Plan for this property has identified the need for 71.21 acres of native pollinator grassland habitat, 2 acres of shrub planting, and a 7.16 acres of firebreak on the property. % of Reimbursement to DNR by landowner: Approximately 50% Source of landowner's Reimbursement to DNR: The acres that require a native pollinator seeding is also enrolled in the USDA Conservation Reserve Program (CRP) CP42 Pollinator practice. The landowner has agreed to remit his CRP cost-share from contracts associated with this work. Selection Process Summary: Contracting with Matthew McQuillen is authorized under 11 IAC 105.4(5) and 106.7. Contract cost was determined using standard rates developed for practices used in the IHAP program. The work will be completed as identified in the Comprehensive Wildlife Management Plan. II CARRIED UNDER CONSENT

*10. CONTRACT WITH CUSTOM SEEDING AND HABITAT- IHAP Commission approval is requested for a contract with Custom Seeding and Habitat, Humboldt, IA. Contract Terms

lllPage April 13, 2017 Natural Resource Commission Minutes Amount: not to exceed $45,652.00 Dates: April 14, 2017 -August 30, 2017 Funding Source(s): Voluntary Public Access Grant - Iowa Habitat Access Program Contract Purpose: Complete tasks to establish 101 acres of native pollinator grassland habitat for the Iowa Habitat Access Program. Landowner and Property Description: Wayne and Betty Steward; own a 132-acre property in Section 30 of Spring Township, Cherokee County, Iowa, that has been enrolled in the Iowa Habitat and Access Program (IHAP). IHAP Agreement Dates and Access: December 2, 2016 until May 31, 2027; the property will be open to public access for hunting from September 1, 2017 - May 31, 2027. Land Management Tasks: The Wildlife Management Plan for this property has identified the need for 101 acres of native pollinator grassland habitat on the property. % of Reimbursement to DNR by Landowner: Approximately 50% Source of Landowner's Reimbursement to DNR: The acres that require a native pollinator seeding is also enrolled in the USDA Conservation Reserve Program (CRP) CP42 Pollinator practice. The landowner has agreed to remit his CRP cost-share from contracts associated with this work. Selection Process Summary: The Department solicited quotes from targeted small businesses and also published an Informal Request for Quotes on the Department of Administrative Services website. The RFQ was also shared with many local contractors who have completed this type of work for the Department in the past or have expressed interest in completing this type of work for the Department in the future. • Quotes Due Date: March 15, 2017 • Quotes Reviewed: 1 • Recommendation: Custom Seeding and Habitat CARRIED UNDER CONSENT

*11. CONTRACT WITH LESUEUR RIVER SEEDING AND CONSERVATION, LLC. GUYER - IHAP Commission approval is requested for a contract with Lesueur River Seeding and Conservation, LLC, Waseca, MN. Contract Terms Amount: not to exceed $45,350.00 Dates: April 14, 2017 -August 30, 2017 Funding Source(s): Voluntary Public Access Grant- Iowa Habitat Access Program Contract Purpose: Complete tasks to establish 126.08 acres of native pollinator grassland habitat and a 14.35 acre firebreak to aid in long-term maintenance of the native grassland for the Iowa Habitat Access Program. Landowner and Property Description: Russell Guyer; owns an 172-acre property in Section 24, T95N, R9W, Fayette County, Iowa, that has been enrolled in the Iowa Habitat and Access Program (IHAP).

IHAP Agreement Dates and Access: November 1, 2016 until May 31, 2027; the property will be open to public access for hunting from September 1, 2017 - May 31, 2027. Land Management Tasks: The Wildlife Management Plan for this property has identified the need for 126.08 acres of native pollinator grassland habitat and a 14.35 acres of firebreak on the property. % of Reimbursement to DNR by Landowner: Approximately 50% Source of Landowner's Reimbursement to DNR: The acres that require a native pollinator seeding is also enrolled in the USDA Conservation Reserve Program (CRP) CP42 Pollinator practice. The landowner has agreed to remit his CRP cost-share from contracts associated with this work. Selection Process Summary: The Department solicited proposals from targeted small businesses and also published a formal Request for Proposal (RFP) on the Department of Administrative Services website. The RFP was also shared with many local contractors who have completed this type of work for the Department in the

121Page April 13, 2017 Natural Resource Commission Minutes past or have expressed interest in completing this type of work for the Department in the future. Proposals are scored on technical criteria and cost. • Proposal Due Date: 3/23/17 • Review and Selection Committee: A committee of 3 reviewed the proposal. • Proposals Reviewed: 1 • Recommendation: Lesueur River Seeding and Conservation, LLC.

CARRIED UNDER CONSENT

12. NAMING OF THE LOESS HILLS VISITOR CENTER TO THE BRENTS. OLSON MEMORIAL VISITOR CENTER As outlined in the Department's Donation and Recognition Policy, it is noted that when facilities are being named, that the Commission review and approve the naming. Commission approval is requested to name the visitor center at the Loess Hills State Forest after the late Brent S. Olson, DNR Forester. Brent S. Olson, 53, died on December 2°', 2016, after serving as the Area Forester for the Loess Hills State Forest for 25 years. Brent attended Iowa State University, graduating with a B.S. degree in Forestry in 1987. He was a pioneer at the Loess Hills State Forest and is known for doubling the size of the forest in this career to its current 11,600 acres. Brent spent his career building relationships with neighboring landowners and conservation agencies. He introduced fire as a tool to manage the fragile ecosystems at the Loess Hills State Forest, and burned over 2,000 acres each year. He was an active member of numerous professional organizations including The Society of American Foresters, through which he became a Certified Forester and received the Presidential Field Forester Award in 2012. He was a husband and father who also was an active member of his community, serving in numerous capacities including the school board and coaching multiple sports. The name Brent S. Olson is synonymous with the Loess Hills State Forest. In order to honor Brent's memory and his dedication to Iowa's natural resources, the Forestry Bureau would like to name the visitor center at the Loess Hills State Forest the Brent S. Olson Memorial Visitor Center. Motion - Commissioner Reimer with great appreciation for Brent's work and gratitude for this acknowledgement. Seconded - Commissioner Prickett Discussion -Jeff Goerndt, Forestry Bureau, shared that the event may possibly be held in June and he will let the Commissioners know the date. Decision -Approved by Unanimous Vote

II CARRIED AS PRESENTED

13. CONTRACT WITH DES MOINES WATER WORKS Commission approval is requested for an intergovernmental agreement with Des Moines Water Works (DMWW), which will result in a prototype hybrid fishing, boating access, habitat streambank restoration project. Contract Terms Amount: $100,000 Dates: April 15, 2017 to Oct. 31, 2018 DNR shall have the aption to extend this Contract for up to six years from the beginning date af the original contract by executing a signed amendment prior to the expiration of this contract. Funding Source(s): Marine Fuel Tax Contract Purpose: DNR River Programs will partner with the Des Moines Water Works to design and construct a hybrid access that will serve fishing, boating, aquatic habitat, and streambank stability needs on the Raccoon River. Approximately 500 feet of eroding streambank will also be restored and made more accessible as part of the project. In the heart of Iowa's largest urban area, the project is strategically located to facilitate rental businesses operations on the Raccoon River, exposing more anglers, boaters, paddlers, and inner-tubers to river activities.

Bl Page April 13, 2017 Natural Resource Commission Minutes In January 2015, the NRC approved a contract with the Des Moines Metropolitan Planning Organization for a metro-area water trail master plan serving the city, county, and state water trail systems. That plan was completed in December 2016 and this is the inaugural project for that plan. For this project, the DNR will provide project design services; permit submittals; a final budget estimate; and construction drawings and documents. DNR shall reimburse DMWW up to $100,000 after the project is constructed. The DMWW will provide design review, bidding, and contracting; inspection services; and $200,000 construction cost-share (which was raised by the Des Moines Water Works Park Foundation). Any overages beyond the cost estimate are the sole responsibility of DMWW. Selection Process Summary: DNR enters into this intergovernmental agreement based on statutory authority provided in Iowa Code chapter 464.A.11. Motion - Commissioner Reimer Seconded - Commissioner Francisco Decision -Approved by Unanimous Vote

CARRIED AS PRESENTED II

14. CHAPTER 30 - WATERS COST-SHARE AND GRANT PROGRAMS, WATER TRAIL DEVELOPMENT GRANT RECOMMENDATIONS The Commission is requested to approve the following grant recommendations pursuant to Chapter 30, Waters Cost-share and Grant Programs. Grant Purpose: Under Chapter 30, the purpose of the Water Trails Development Grant is to offer cost-share funds to water trails infrastructure projects, such as, water accesses, parking areas, restrooms, and paddlecraft campsites. Eligible applicants include any local divisions of Iowa government. Funding Source(s): Rebuild Iowa Infrastructure Fund (RllF) Grant Funding Available: Funding available for this grant cycle is $225,000 Summary of Selection Process: The grant review and selection committee met on March 23, 2017, to evaluate and score applications and to provide recommendations for the grant awards. A minimum 50 percent cost­ share is required from the applicant. Selection Committee Members: The review and selection committee consisted of five members: • Citizen stakeholders (2) • DNRStaff(3) Recommendations: The committee recommends funding to the top 3 ranked projects. If the recommended projects decline the funding, the Department requests authority to offer those funds to the next ranked projects that meet the grant criteria or return the funds to the grant program for distribution in the next grant cycle. DEVELOPMENT GRANT Ranked Grant Grant Recommended by Project Description Amount Applicant Award Score Requested This project will improve two water accesses on the Skunk River Water Trail. At Peterson Access a new concrete launch will be constructed at the correct angle to the river and the parking lot will be regraded in order to capture stormwater Story County runoff. Two handicapped parking stalls and 91.2 $22,414 $22,414 Conservation signage will also be installed. At Askew Bridge Access, a new concrete launch will be constructed at the correct angle to the river. A small parking lot will be added with one handicapped parking stall; the parking lot will capture stormwater runoff. 14 I P a g e April 13, 2017 Natural Resource Commission Minutes This project on the South Skunk River Water Trail at North River Valley Park will convert a low head dam to a series of rapids, mitigating an existing hazard and allowing for whitewater recreation, 90.8 City of Ames $120,000 $120,000 improved access for anglers, fish habitat, and fish passage. The project includes improving accesses above and below the rapids and shortening the portage distance around the rapids by 250 feet. This project will enhance the existing whitewater park at Manchester by constructing the following: a new carry-down access upstream of the whitewater park for flatwater paddlers to exit at City of a safe distance above the whitewater park; 84.6 $150,000 $82,586 Manchester accessible platform that allows mobility impaired anglers access to the river's edge; more seating areas for spectators; and amenities, such as, a shelter area, a kiosk, restrooms with showers, and a larger, improved parking lot. The Boone Water Works Loop Drive/Parking Project moves the existing parking lot to higher ground (out of the floodplain) and extends the existing boat ramp to that new parking lot. The 59.2 City of Boone parking lot surface will change from gravel to $91,000 -0- concrete, and a paved ADA trail will also connect the parking area to the boat ramp at water's edge. Handicapped stalls will also be constructed as part of the new parking lot. DEVELOPMENT GRANT TOTALS $383,414 $225,000

Motion - Commissioner Schemmel Seconded - Commissioner Clement Decision -Approved by Unanimous Vote

II CARRIED AS PRESENTED II

15. PUBLIC LAND ACQUISITION PROJECTS 15.1. BIG MARSH WILDLIFE MANAGEMENT AREA, BUTLER COUNlY- IOWA NATURAL HERITAGE FOUNDATION The Natural Resource Commission's approval is requested to purchase a tract of land located in Butler County at Big Marsh Wildlife Management Area. Seller: Iowa Natural Heritage Foundation Acreage: 267 DNR Purchase Price: $291,401 Appraised Value: $291,401 Property Description: This property consists of two noncontiguous tracts of 23 acres and 244 acres located just south and east of Dumont in west central Butler County. The level tracts are entirely grassland with a moderate growth of trees. The 244-acre tract is bisected by Hartgrave Creek. The entire property is enrolled in the Wetlands Reserve Program. There are no building improvements. Access to the property is provided by two county roads as well as Highway 3. Purpose: This acquisition will provide for wetland improvements for enhanced water quality upstream from the greater Big Marsh area as well as for seeding to native grasses and forbs for nesting habitat. Current habitats lSIPage April 13, 2017 Natural Resource Commission Minutes favor Wood turtles, Blandings turtles, and grassland birds. The property will provide public access to hunting and other outdoor recreation opportunities. DNR Property Manager: Wildlife Bureau Funding Source(s): $201,401 REAP License Plate, $90,000 Federal NAWCA Incidental Costs: Incidental closing costs will be the responsibility of the Department. Motion - Commissioner Prickett Seconded - Commissioner Francisco Decision -Approved by Unanimous Vote

CARRIED AS PRESENTED II

15.2. BIG MARSH WILDLIFE MANAGEMENT AREA, BUTLER COUNTY- IOWA NATURAL HERITAGE FOUNDATION The Natural Resource Commission's approval is requested to purchase a tract of land located in Butler County at Big Marsh Wildlife Management Area (WMA). Seller: Iowa Natural Heritage Foundation Acreage: 376 DNR Purchase Price: $384,200 Appraised Value: $403,337 Property Description: This property is a large contiguous tract located just southeast of Dumont in west central Butler County. The level tract is enrolled into the Wetlands Reserve Program. The property is positioned at the confluence of Hartgrave Creek and West Fork Cedar River, with a private levee running along the east boundary. There are no building improvements. Access to the property is provided by a paved, county road along the west, and Highway 3 along the north. Purpose: This acquisition represents a tract already extremely attractive to waterfowl, shorebirds, and a number of waterbird species during spring migration. The property has the capacity to be managed to provide three large wetland zones to support seasonal to semi-permanent wetland habitat supporting wet meadow, sedges and wet prairie plants. The property will provide public access to hunting and other outdoor recreation opportunities. DNR Property Manager: Wildlife Bureau Funding Source(s): $206,200 REAP Open Spaces, $118,000 Federal NAWCA, $60,000 REAP License Plate Incidental Costs: This property will remain on the tax rolls. Incidental closing costs will be the responsibility of the Department. Motion - Commissioner Reimer Seconded - Commissioner Francisco Decision -Approved by Unanimous Vote

CARRIED AS PRESENTED II

15.3. HERITAGE HILLS WILDLIFE MANAGEMENT AREA, MADISON (OUNTY- IOWA NATURAL HERITAGE FOUNDATION The Natural Resource Commission's approval is requested to purchase a tract of land located in Madison County adjacent to Heritage Hills Wildlife Management Area. Seller: Iowa Natural Heritage Foundation Acreage: 174 DNR Purchase Price: $630,000 Appraised Value: $630,000 Property Description: This property is located 12 miles south of Winterset in extreme south central Madison County. The rolling tract consists of 105 acres of timber and grassland, 57 acres of cropland, and 12 acres enrolled in the Conservation Reserve Program. Clanton Creek bisects the property. There are no building improvements. A county road provides access along the west boundary from the north.

16 I P a g e April 13, 2017 Natural Resource Commission Minutes Purpose: Plans for the property are to enhance 30 acres of remnant tallgrass prairie and to plant and additional 45 acres for a total 75 acres tallgrass prairie. This grassland will be intermixed with 78 acres of forest land. The tract will provide excellent hunting opportunities for upland game, deer and turkey within an hour's drive of Des Moines. DNR Property Manager: Wildlife Bureau Funding Source(s): Federal Pittman-Robertson Incidental Costs: Incidental closing costs will be the responsibility of the Department. Motion - Commissioner Schemmel Seconded - Commissioner Reimer Decision -Approved by Unanimous Vote II CARRIED AS PRESENTED

16. PUBLIC I.AND MANAGEMENT PROJECTS *16.1. CHAPTER 18 LEASE -ALTER TRADING CORPORATION -SCOTT COUNTY The Natural Resource Commission is requested to approve the renewal of Chapter 18 lease 69-R with Alter Trading Company Location: A parcel 670 feet long by 200 feet wide with a 150 foot long by 35 foot wide appendage located in Section 24, Township 77 North, Range 2 East, Scott County, Iowa, adjacent to property owned by the tenant at 6725 S. Concord Street, Davenport, Iowa. Site Purpose: The lease area is to be occupied by a crane barge used to off-load products from other barges and an office barge moored to the existing sea wall. Lease History: The location has been under lease since 1987. Lease Fee and Term: The annual fee is $10,S49.58 with a condition that the fee may be adjusted to comply with adopted administrative rule changes that affect lease fees. The term of the lease will be five years.

II CARRIED UNDER CONSENT II

16.2. MANAGEMENT AGREEMENT-WILLOW CREEK WILDLIFE MANAGEMENT AREA -- GREENE COUNTY BOARD OF SUPERVISORS The Natural Resource Commission is requested to approve a management agreement with the Greene County Board of Supervisors. Location: Willow Creek Wildlife Management Area, Greene County, Iowa Site Purpose: The purpose of the agreement is to transfer care and maintenance of the 200 acre Willow Creek Wildlife Management Area to the DNR. The area will be managed for the citizens of the State of Iowa as a wildlife management area in the same manner as the state-owned adjacent 160 acres acquired in June of 2016. Management History: This will be a new area under DNR management. Management Agreement Term: The term of this agreement is 25 years. Motion - Commissioner Francisco Seconded - Commissioner Schemmel Decision -Approved by Unanimous Vote

II CARRIED AS PRESENTED II

*16.3. MANAGEMENT AGREEMENT- FALLS ACCESS AREA- BLACK HAWK COUNTY CONSERVATION BOARD The Natural Resource Commission is requested to approve a management agreement with the Black Hawk County Conservation Board. Location: Falls Access Area, Black Hawk County, Iowa Site Purpose: The purpose of the agreement is to transfer care and maintenance of the 309 acre Falls Access Area to the Black Hawk County Conservation Board. The area will be managed for the citizens of the State of Iowa in substantially the same manner as other state owned access areas. 17 I Page April 13, 2017 Natural Resource Commission Minutes Management History: This area has been managed by Black Hawk County Conservation Board since 1992. Management Agreement Term: The term of this agreement is 25 years.

II CARRIED UNDER CONSENT

*16.4. MANAGEMENT AGREEMENT- MCFARLANE PARK- BLACK HAWK COUNTY CONSERVATION BOARD The Natural Resource Commission is requested to approve a management agreement with the Black Hawk County Conservation Board. Location: McFarlane Park, Black Hawk County, Iowa Site Purpose: The purpose of the agreement is to transfer care and maintenance of the 75 acre McFarlane Park to the Black Hawk County Conservation Board. The area will be managed for the citizens of the State of Iowa in substantially the same manner as other state owned access areas. Management History: This area has been managed by Black Hawk County Conservation Board since 1991. Management Agreement Term: The term of this agreement is 25 years.

II CARRIED UNDER CONSENT

*16.5. TRANSFER OF JURISDICTION - BIG MILL CREEK WILDLIFE MANAGEMENT AREA - DEPARTMENT OF PUBLIC SAFETY - JACKSON COUNTY The Natural Resource Commission is requested to approve a transfer of jurisdiction with the Iowa Department of Public Safety. Location: Big Mill Creek Wildlife Management Area, Jackson County, Iowa Purpose: The State of Iowa currently has a contract in place to upgrade the Iowa State Interoperable Communications System (!SICS). The system is used by law enforcement and emergency personnel, including the DNR, for radio communications. As part of the project, a 415' self-support tower will be located on a portion of Big Mill Creek WMA. The site of the tower is 95 foot by 75 foot, located adjacent to the parking lot on the south side of the wildlife management area. Transferring jurisdiction of the 0.16 acre site will remove any questions about the liability and responsibility for the tower.

II CARRIED UNDER CONSENT

17. CONSTRUCTION - SMALL PROJECTS The following Engineering managed projects have been let utilizing the Competitive Quotation process for projects $100,000 or less: Bid Date Project Location County Summary Cost Bids No. Estimate

2/20/17 16-06-70- Fairport Muscatine Replace a deteriorated valve $10,000 $9,250.00 03 Fisheries with a 12" Eco Valve; Fisheries includes all necessary excavation, concrete encasement, compaction and restoration. 2/23/17 17-06-57- Palisades Linn Repair a washout at a culvert $8,000 $5,157.80 05 Kepler State outletting into the Cedar $5,810.00 Parks Park River by placing $5,914.00 approximately 96 tons of $6,047.50 Class A Revetment on 70 SY $6,530.00 of engineering fabric. $6,569.80 $6,600.00 $6,680.00 $7,980.00 ...... 18 I P a g e April 13, 2017 Natural Resource Commission Minutes $8,584.40 $8,642.57 $9,190.00 $9,830.00

2/23/17 17-01-30- Gull Point Dickinson Remove the existing steel $40,000 $37,916.00 06 LE State Park siding and roof and trim $43,288.00 along with the existing roof $62,026.00 insulation; install new steel siding and roof, associated trim, and a new steel walk door for an existing 50'x87' cold storage facility. 3/2/17 16-01-30- Trappers Dickinson Install a pre-cast concrete pit $35,500 $39,145.00 13 Bay State vault restroom building $42,744.99 Parks Park adjacent to the parking lot at $46,750.00 Trappers Bay State Park. $46,970.00 Work includes excavation, $47,405.00 installation of a stone base, setting the restroom structure, construction of a PCC sidewalk from the building to the parking lot, and finish grading/seeding. 3/2/17 17-05-04- Honey Appanoose Boat bumpers will be $44,7SO $46,000.00 07 Creek replaced on the marina dock $96,825.00 Parks Resort and the wood behind the bumpers will be replaced. Also, ten roller bumpers will be installed. 3/2/17 16-03-17- Clear Lake Cerro Gordo Excavate, furnish, and install $34,000 $38,420.00 07 State Park a pre-cast concrete pit vault $39,966.14 Parks toilet, minor grading, and $45,000.00 seed disturbed areas. $45,595.00 $50,144.32 3/2/17 17-03-33- Volga River Fayette Remove and dispose of the $10,500 $8,750.00 02 SRA existing 38'x16' trail bridge $9,600.00 Parks decking; replace deck with $9,695.00 DNR furnished deck plank; $17,499.00 repair deteriorated pile; and $37,721.00 replace a portion of backwall $39,700.00 plank. 3/2/17 16-04-78- Lake Pottawatta Clearing and grubbing of $21,500 $20,002.00 02 Manawa mie trees in advance of the $25,950.00 Parks State Park planned day use area $27,500.00 construction project. $28,829.07 $29,630.00 $32,000.00

191Page April 13, 2017 Natural Resource Commission Minutes 3/9/17 16-04-30- Dugout Dickinson Create a new wetland pool $53,200 $31,906.20 04 Creek WPA County area. Work includes tree $56,552.00 Wildlife clearing, earthfill (dike $58,405.00 construction), excavation $66,531.75 (spillway and channels), tile investigation, tile breaks, tile/pipe installation (multiple sizes), and a water control structure. 3/16/17 15-03-96- Upper Iowa Winneshiek Remove and replace concrete $32,000 $27,794.55 02 Wildlife Unit boat ramp (430 SY) and $28,301.13 Parks concrete maneuvering area $32,306.75 (530SY). $40,996.76

INFORMATIONAL

18. CONSTRUCTION PROJECTS 18.1 APPLE JACK MARSH, WETLAND IMPROVEMENTS- DICKINSON COUNTY The Department requests Commission approval of the following construction project: Project Summary: The Apple Jack Marsh is part of the much larger Welsh Lake wetland complex, in Dickinson County, which is a critical sediment and nutrient removal system for the watershed that enters the far north end of West Lake Okoboji. Apple Jack Marsh is a naturally occurring wetland that specifically filters about 26,000 acres of water and is an extremely important component of the system. Naturally occurring wetlands do not need maintenance, per se; however, as with our naturally occurring lakes and rivers, they are constantly evolving. Over time, the natural evolution of this system would cause the wetland to fill in and eventually become a meandered stream. The reason that the DNR wants to remove material from the Marsh is to slow its transition to the next stage of evolution, thus prolonging its water filtration benefits to West Lake Okoboji. In addition to providing habitat to various plant and animal species, this marsh acts as a first line of defense against pollutants entering the lake. General watershed practices include educating the public about soil erosion, subsidizing stormwater treatment practices, and NP DES permits. The design of this project addresses these issues by excavating sediment from the basin and rerouting the incoming water to better filter through the system. The excavated sediment will remain on the site and will be stabilized with permanent vegetation, increasing the variations in elevation and improving habitat diversity. A rough fish barrier will also be added duri.ng construction to further improve water quality and isolate the breeding area. Construction Needed: Approximately four acres along the edges of the existing marsh will be deepened with shallow water wetland excavation. A new channel for incoming water from the upstream structure will also be constructed to force water to the top end of the wetland and stop the water from shortcutting the basin. Finally, a rock type rough fish barrier will be installed across the outlet of the marsh to prevent rough fish from entering the marsh and breeding. Engineering Project#: 16-01-30-15 Cost Estimate: $72,500 Operating Bureau: Wildlife Funding Source: 100% Lakes Restoration Plans Issue Date: 2/26/2017 Bid Letting Date: 3/09/2017 Construction Completion Date: 11/3/2017 Number of Bids Received: 2

20jPage April 13, 2017 Natural Resource Commission Minutes Bidders Diamond Concrete & Construction Spirit Lake, IA $80,815.00 Valley Contracting, Inc. Estherville, IA $120,252.00 Upon Engineering's review of bids, IDNR recommends awarding the contract to Diamond Concrete & Construction. Motion - Commissioner Francisco Seconded - Commissioner Reimer Decision -Approved by Unanimous Vote ii CARRIED AS PRESENTED Ii

18.2 AHQUABI STATE PARK, BOAT STORAGE BUILDING - WARREN COUNTY The Department requests Commission approval of the following construction project: Project Summary: The focal point of Lake Ahquabi State Park is its 115 acre artificial lake. The lake has two boat ramps, a concessionaire, fishing house, and a large beach. Adjacent to the lake is a 115 site campground with modern restrooms and a dump station. There are three day-use shelters as well as a CCC stone lodge. Project Summary: The DNR Law Enforcement Bureau is in need of storage for their water patrol boats, trailers, and related equipment. In partnership, DNR's State Parks and Law Enforcement Bureaus are coordinating efforts to identify where storage areas can be incorporated into existing facilities to be able to better serve multiple counties. Currently, for this area, Law Enforcement is having to store their watercraft in northwestern Polk County near Big Creek State Park/Olofson Shooting Range. This project consists of constructing a three bay building at Ahquabi Lake State Park. This would provide storage for the patrol boats, trailers, buoys, buoy chains and anchors, maintenance supplies and tools, and general boating supplies, as well as a work area to maintain equipment. These patrol boats will mainly serve Polk and Warren Counties. With the boat storage area being in the vicinity of their patrol area, if there is a water emergency, officers will be able to access the stored boats to respond more expeditiously. The proposed storage building will have 10' overhead doors, LED lighting and electrical power. Electrical work will also include upgrading the buildings at Ahquabi State Park's storage and office area. Construction Needed: Construction includes minor grading to the existing site, erection of a new pole building with steel roofing and siding. Also, four existing buildings will receive upgraded electrical service lines. Green features include LED lighting. Engineering Project#: 16-05-04-04 Cost Estimate: $141,520.00 Operating Bureau: Parks Funding Source: 82% Marine Fuel Tax & 18% REAP Land Management Plans Issue Date: 3/1/2017 Bid Letting Date: 3/23/2017 Construction Completion Date: 9/01/2017 Number of Bids Received: 3

Bidders Hymbaugh Construction Creston, IA $89,000.00 Haworth Land Construction Indianola, IA $129,550.00 Ball Team, LLC Urbandale, IA $152,500.00 Upon Engineering's review of bids, IDNR recommends awarding the contract to Hymbaugh Construction. Motion - Commissioner Reimer Seconded - Commissioner Schemmel Decision -Approved by Unanimous Vote ii CARRIED AS PRESENTED Ii

21 I P a g e April 13, 2017 Natural Resource Commission Minutes

18.3 HONEY CREEK RESORT STATE PARK, WAVE ATTENUATOR EXTENSION-APPANOOSE COUNTY The Department requests Commission approval of the following construction project: Project Summary: Honey Creek Resort is located on the shore of Lake Rathbun, an Army Corps flood control impoundment. The main building opened in 2008, and houses a full service hotel, complete with a restaurant, event center, and indoor waterpark. Additionally, there are 28 four-season cabins and campground with 20 full hookup sites. Day-use facilities include an 18-hole golf course, a picnic shelter, a boat ramp, and a marina. At the marina, floating wave attenuators reduce damaging wave action for floating docks and vessels moored within. Floating wave attenuators can be equated to a seawall made of rock or concrete, which is meant to protect a harbor from waves or storm surge, giving the harbor quiet waters. In 2015, a floating wave attenuator system was installed on either side of the boat docks at the resort. Although this system improved the water conditions at the existing dock, additional protection is needed. This project proposes to extend the existing south wave attenuator by 80 feet, increasing the protection to the gangway. The size of the north wave attenuator has proved to be sufficient. Construction Needed: Procure and install four 20' long sections of floating wave attenuator, which consist of a constructed steel frame, with floats, underwater hanging concrete baffles, retroreflective delineators, and solar powered warning lights. The new sections will be connected to the existing system, and will have additional anchors installed. Engineering Project #: 17-05-04-04 Cost Estimate: $80,000.00 Operating Bureau: Parks Funding Source: MFT % Plans Issue Date: 3/1/2017 Bid Letting Date: 3/23/2017 Construction Completion Date: 9/30/2017 Number of Bids Received: 1

Bidders Marine Development, Inc. Eufaula, OK $85,026.00 Upon Engineering's review of bids, IDNR recommends awarding the contract to Marine Development, Inc. Motion - Commissioner Francisco Seconded - Commissioner Reimer Decision -Approved by Unanimous Vote II CARRIED AS PRESENTED II

18.4 MCINTOSH WOODS STATE PARK, BOAT RAMP REPLACEMENT- CERRO GORDO COUNTY The Department requests Commission approval of the following construction project: Project Summary: Mcintosh State Park is a popular day-use area and campground located on the west end of Clear Lake. The park has a reservable picnic shelter, a 49 site campground, two reservable yurts, and a beach. The boat ramp located in the park is one of the major boating access points on the lake, with 58 hard surfaced car and trailer parking spaces. The existing boat ramp has three 14' wide lanes, and was constructed in 1984. All three ramps as well as the associated maneuvering area is badly cracked and in need of replacement. This project will remove the existing concrete ramps and maneuvering area, and replace it with a new granular base and new concrete. Construction Needed: Remove the existing concrete ramps and maneuvering area, and place it with a new granular base and new concrete. Engineering Project#: 16-03-17-06 Cost Estimate: $66,000 Operating Bureau: Parks

22 I P a g e April 13, 2017 Natural Resource Commission Minutes Funding Source: Marine Fuel Tax 100% Plans Issue Date: 3/4/2017 Bid Letting Date: 3/16/2017 Construction Completion Date: 5/19/2017 Number of Bids Received: 1

Bidders Larson Contracting Central, LLC Lake Mills, IA $66,192.50 Upon Engineering's review of bids, IDNR recommends awarding the contract to Larson Contracting Central, LLC. Motion - Commissioner Reimer Seconded - Commissioner Clement Discussion - Heath Delzell, Engineering, provided information regarding the DNR's consideration of pre and post tension concrete for boat ramps. Decision -Approved by Unanimous Vote II CARRIED AS PRESENTED

18.5 BELLEVUE STATE PARK, VAULT RESTROOM BUILDING REPLACEMENT - JACKSON Co., IOWA The Department requests Commission approval of the following construction project: Project Summary: Bellevue State Park's Dyas Unit campground is located near the Mississippi River, about three miles south of the town of Bellevue. The campground consists of 46 spaces, modern restrooms, and an RV dump station. In 2014, the park had over 7000 camping guest days. An existing flush restroom building is located near a boat ramp on the Mississippi River and gets frequent use by boaters. The proposed double vault restroom building will replace the non-working restroom building. The double vault restroom building was selected over a flush restroom building due to difficulties in routing and treating the effluent. The proposed restroom will have two paved P''rkin5 spaces, one being ADA, and an access sidewalk. Construction Needed: Construction includes demolishing the existing restoom and installing a new precast concrete pit vault. A concrete parking area and sidewalk will also be constructed in order to make this facility ADA compliant. Green features include LED lighting. Engineering Project#: 14-06-49-01 Cost Estimate: $60,009.60 Operating Bureau: Parks Department Funding Source: 50% Marine Fuel Tax, 50% Federal-Boat Safety (Coast Guard) Plans Issue Date: 03/01/2017 Bid Letting Date: 03/23/2017 Construction Completion Date: 10/30/2017 Number of Bids Received: 1

Bidders Payne and Associates, Inc Clinton, IA $62,383.80 Upon Engineering's review of bids, IDNR recommends awarding the contract to Payne and Associates, Inc. Motion - Commissioner Francisco Seconded - Commissioner Schemmel Decision -Approved by Unanimous Vote II CARRIED AS PRESENTED II

18.6 CITY OF BOONE WATER WORKS, LOOP DRIVE AND PARKING PROJECT PHASE 1 OF 2 - BOONE COUNTY The Department requests Commission approval of the following construction project:

231Page April 13, 2017 Natural Resource Commission Minutes Project Summary: Jn June 2016, the NRC approved an agreement between the DNR and the City of Boone to renovate a heavily used access on the Des Moines River Water Trail. The access is located at the Boone Waterworks site and is used in excess of its capacity by both public boaters and local liveries. The new access will allow for easy maintenance as well as create parking sufficient for the influx of traffic visible after the Boone Waterworks dam was mitigated with a rock arch rapids. This will enhance Iowa DNR's ability to serve the public with safe, clean access for anglers, local liveries and public recreation seekers. The project would occur in 2 phases. Phase 1 is for the DNR to design, bid, and contract a concrete staging loop road to the existing boat ramp. In Phase 2, the City will construct a new, larger parking lot to accommodate substantial traffic flow through the area and an accessible walking path to the access point. The design and bidding have occurred and this project is Phase 1 of the Construction. The current access is located in a low floodplain alongside the Des Moines River. The gravel road and parking area are frequently flooded, making it difficult for the City of Boone to maintain a usable access point for the public. By installing a hard surfaced parking area, patrons will be able to park on a firm surface sooner after a rain or flood event, and the ease of removing deposited sediment will be improved. Construction Needed: The existing gravel and dirt access will be graded and paved with concrete. ADA access will be provided to the existing ramp through this project as well as a rigging area. The existing boat ramp is in serviceable shape and will not need to be replaced. The proposed grading, delineated driving and parking areas, and permanent seeding will help stabilize this section of river bank and reduce bank erosion. Engineering Project#: 16-02-08-05 Cost Estimate: $116,880.00 Operating Bureau: DNR Rivers Program Funding Source: Marine Fuel Tax 100% Plans Issue Date: 03/01/2017 Bid Letting Date: 03/23/2017 Construction Completion Date: 10/30/2017 Number of Bids Received: 14

Bidders Cerebral Group, LLC Des Moines, IA $122,762.00 TK Concrete, Inc Pella, IA $134,203.00 Hymbaugh Construction Creston, IA $135,440.00 Jensen Builders LTD Des Moines, IA $145,428.15 Weidner Construction, Inc Marshalltown, IA $145,847.40 Kingston Services PC Des Moines, IA $147,518.50 Cameron Mitchell Inc Des Moines, IA $148,125.00 Absolute Concrete Construction, Inc Slater, IA $149,543.65 Majors Concrete Co Boone, IA $166,372.32 Con-Struct, Inc Ames, IA $167,861.45 JAS Construction LLC Altoona, IA $170,038.38 Speck USA Des Moines, IA $178,971.50 Godberson-Smith Const Co, Inc Ida Grove, IA $188,403.50 Howrey Construction Rockwell City, IA $209,954.25 Upon Engineering's review of bids, IDNR recommends awarding the contract to Cerebral Group, LLC. Motion - Commissioner Schemmel Seconded - Commissioner Reimer Decision -Approved by Unanimous Vote

II CARRIED AS PRESENTED

24 I Page April 13, 2017 Natural Resource Commission Minutes

19. GENERAL DISCUSSION NRC Review of Administrative Law Judge Cases: Dave Dorff, Assistant Attorney General, provided information regarding the Okoboji Boat Works case and that OBW has appealed the NRC's decision to District Court. It may be a year or longer before we hear the District Court's decision. After the District Court's decision is rendered, then either the State or OBW can appeal to the Iowa Supreme Court. The Appellant court response may be 2-3 years. In the meantime, boats can still be parked on the south side. The Department is reviewing its options. The local residents have the opportunity to seek other resolution.

Tamara Mcintosh, DNR attorney, provided information regarding a process to inform the NRC of AU decisions that are not appealed by either party, since the Commission still has the right to review the proposed decision and to take action on the case by reversing the Proposed Decision, affirming it, or modifying it in part. If the Commission chooses not to review the case, the AU's Proposed Decision will become effective. These Proposed Decisions will be included in their pre-meeting email packet for consideration.

Dave Dorff shared that he will be providing a response to the NRC by 04/14/17 regarding Commissioner Underwood's request for an opinion on the Open Meetings law and holding electronic meetings.

• Commissioner Francisco reported that the Gift to Iowa ceremony he attended was done very nicely. Director Gipp acknowledged Commissioner Francisco's donation of property to the State that will be a long lasting legacy. • Commissioner Prickett offered her congratulations to Todd Bishop as the new Wildlife Bureau Chief and reiterated that it's been a pleasure and honor to serve as a Commissioner. • Commissioner Schemmel reminded the Commission that it is turkey season and to get a license and hunt. • Commissioner Underwood offered her congratulations, also, to Todd Bishop. She also shared that she had a chance to watch the sandhill crane migration in Nebraska along the Platte and it was amazing.

ADJOURNMENT Motion to adjourn the meeting - Commissioner Schemmel Seconded - Commissioner Francisco Decision - Approved by Unanimous Vote With no further business to come before the Natural Resource Commission, Chair Underwood adjourned the meeting on 04/13/17 at 1:15pm.

II CARRIED - MEETING ADJOURNED

UPCOMING NRC MEETING DATES • May 11, 2017 - 9:30 am; Business Meeting, IA DNR, 502 E 9th St, Des Moines, IA • June 7, 2017 - llam; Field Tour (TBD) • June 8, 2017 -8:30am; Business Meeting (TBD) • July 13, 2017 - 9:30 am; Business Meeting, IA DNR, 502 E 9th St, Des Moines, IA

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Figure 3. Iowa CWD sample location sites for wild deer, 2002-2016.

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Figure 4. CWD positive wild deer in Allamakee and Clayton Counties, 2013-2016.

4

I am here to ask you to not revoke my licenses. I make a living off the land. It's no secret. My wife and children are of Native American descent. We are carrying on those traditions. We have respect and gratitude for what Mother Nature has blessed us with. We have raised our 7 children to respect the land and everything on it. This is much more than my job. This is our life.

This all started when CO Deb Howe thought I wasn't turning in bobcats. I was dropping cats off at the Riverton Wildlife area office without leaving my name. I was also leaving cats at my fur buyer's shop in Mt Ayr and CO Cory Carlson was picking up cats there 10 to 20 times per season. This he testified to in my Federal trial. Deb found one of my snares and planted a bobcat in it. It was a real low quality cat. I set it in the ditch by a stop sign intending to deal with it later. I had 7 days to do that. A couple days later I fell down a flight of basement steps and landed on a concrete block. My son found me knocked out lying in a pool of blood and thought I was dead. I got a serious head injury. I struggled to continue to tend my trapline. Later that week I remembered the bobcat. I went back and it was gone. So I forgot about it. It was junk anyway.

Failure to turn in a cat in 7 days gave CO Howe probable cause. She got a warrant and placed GPS tracking devices on both my pickups. They also installed a camera at my fur buyer's place of business and trail cams where they were planting more cats in my traps. She followed me around for the rest of the season. The day when the most citation tickets were written I had to quit checking traps early for a doctor appointment to get the staples removed from my head. So I didn't finish my trapping route. I was using killer traps. The animals were already dead. You (the DNR And you are the heads of the DNR) were using technology that is used against spies, not against trappers. This was a simple misdemeanor with a low dollar scheduled fine.

At the end of the trapping season, my family members and I tagged several bobcats. Four days later 10 DNR officers and 2 deputy sheriffs served a search warrant on my house and property. They confiscated 1,000 traps, (over 200 were clearly tagged of my son, Matthews. And when I told Deb that some were Matt's, and even though there were 10 DNR officers confiscating our equipment. Deb said that she didn't have time to sort them. They didn't need sorted. We already had them sorted. Mine and Matt's were in separate tubs. Yet another time she is hurting our family), along with records, cat carcasses, skulls, hundreds of stabilizers, maps, pistol, cellphone (In my federal trial CO Howe was asked if cat carcasses or skulls were of value. She said no.) I use the carcasses to make my own trapping bait. This again shows she was out to harm me. They confiscated my traps with the intention of hurting my ability to trap in the future.

That summer Matt petitioned for the return of his seized property. DNR drug its feet. They didn't show up and extended the time and when he finally had a hearing, the judge found in

Matt's favor. They were to return his traps. At that time Deb said that they couldn't because they were in Federal possession. 3 days before the hearing they turned evidence over to US Fish and Wildlife. This was not a coincidence. The judge ordered return of Matt's property as soon as it was back in state DNR hands. Another example of the DNR hurting my family. Matt didn't have his traps to use that fall.

At the beginning of November 2015 the DNR gave me 33 citations, mostly for not checking my traps. Right after that my wife, Cindy, daughter, Erin, and friend, Ken Smith, received citations for aiding and abetting, for bobcats. You not only hurt me, you hurt my family and friends just for spite. And nothing came of it. You need to think about what's the right thing to do. Not what CAN you do.

Then just before Thanksgiving a Federal Grand Jury indicted me and my fur buyer, Bruce Hutton on charges of Conspiring to Mislabel Wildlife. We were both arrested. I was charged and went to trial. Bruce made a plea deal to a misdemeanor. They would give me no plea deal. All I could plead was guilty to a felony. So we went to trial. CO Howe and the Iowa DNR staked a lot into this effort. You thought this would bring me down. I was found Not Guilty and Acquitted of the Conspiracy charges. The state could not make the case. I went to trial because I knew I wasn't guilty. And I am tired and Pissed about being pushed around by you, the DNR.

I didn't cave. I fought back. Deb wasn't used to that. You went after my son. That didn't work. You went after my wife and daughter for aiding and abetting. That didn't work. Their tickets were dismissed. When I was found not guilty in federal court, there was no crime to aid and abet. (The State's attorney told Cindy that they didn't care about her. They wanted Mike.) The federal prosecutor told my coconspirator's lawyer that the DNR had spent between $125,000 and $150,000 on this case. Deb was enraged by the verdict in the Federal case. I am enraged that you spent all this money and you didn't have anything. This made it more important to the DNR to get me for something. So you have used the charges you, the DNR, stacked on me to try to revoke my Fur Harvester license. But that still wasn't enough. They found an administrative rule that also allows them to revoke my Commercial Turtle license as well. Two of my sources of income. This rule has never been used before. I am the first person they have used this rule on, to make an example of me. To drag me down even more. Because they can. like I said, you are trying to do everything you can to hurt me.

This has been going on since September 2014. It has been very stressful. After Thanksgiving 2016 I had a stroke. The doctor said it was totally stress related.

This has been very personal. I am fighting for my livelihood and way of life. When other families tag multiple bobcats, they are not subjected to this malicious level of scrutiny and selective enforcement. Other CO's just tag the cats. This shows Deb was out to harm me. We have lost our trust in the DNR. They have lied to our face. Deb befriended my wife and used her to get to me. Deb was out to get me. You shouldn't be surprised by her actions. She has sued you, the DNR for sexual discrimination. She always pushes the envelope. Now you see how she is. Her superiors don't trust her judgement or truthfulness. I know I don't. I am taking on a big bully who will stop at nothing to bring me down. I'm standing up for the common man. They have tried for over 2 years to destroy me. They almost succeeded when I had that stroke.

I am angry you are allowing this to happen. You are the top of the DNR. You have CO's that don't care about the animals or the people. Instead of trying to help, they are out to get people. They aren't managing resources. They are just law enforcement officers. They are no longer helpful. It didn't use to be that way. The focus has changed to 'how can we punish people for using the animal?'

You are the board. You are the ones responsible for letting all this happen. That's why I'm pissed. You could help restore my faith in you if you allow me to keep my licenses and my way of life.

'4~ ~'> ~7 i0 •~c , e~I ( { fi,l LiCA/I .ff" E-FJLED 20161_.;17 5:18 PM POLK- CLERK OF DISTRICi _JURT

IN THE IOWA DISTRICT COURT FOR POLK COUNTY

DEBORAH HOWE, CASE NO.------Plaintiff,

vs.

IOWA DEPARTMENT OF NATURAL PETITION RESOURCES, MARK SEDLMAYR, individually, and RANDY SCHNOEBELEN, · individually,

Defendants.

Plaintiff Deborah Howe states the following for her Petition against Defendants Iowa

Department of Natural Resources, Mark Sedlmayr, and Randy Schnoebelen.

INTRODUCTION

I. This is a lawsuit against the Iowa Department of Natural Resources ("DNR"),

Mark Sedlmayr, and Randy Schnoebelen for failing to promote Plaintiff because of her gender and retaliating against Plaintiff for engaging in protected activity in violation of the Iowa Civil

Rights Act, Iowa Code§ 216, et seq.

JURISDICTION AND VENUE

2. This. Court has jurisdiction over this matter as the value exceeds the small claims jurisdictional amount.

3. Venue is appropriate in this Court as the DNR is an agency of the State of Iowa and the acts giving rise to Plaintiffs claims occurred in Polk County, Iowa.

PARTIES

4. Plaintiff Deborah Howe is a resident of Runnells, Jasper County, Iowa .

. 5. Defendant Mark Sedlmayr is a resident of Afton, Union County, Iowa. j r E-FILED 2016', -B 17 5;18 PM POLK - CLERK OF DISTRIC, ..;OURT

6. Defendant Randy Sclmoebelen is a resident of Clear Lake, Cerro Gordo County,

Iowa.

7. The DNR is a state agency organized under the laws of the State of Iowa.

PROCEDURAL REQUIREMENTS

8. On June 12, 2015, within 300 days of the DNR's failure to promote Howe, she filed a Complaint with the Iowa Civil Rights Commission alleging the DNR did not promote her because of her gender.

9. The Iowa Civil Rights Commission issued Howe an Administrative Release and

Right-to-Sue letter on November 21, 2015.

10. On December 11, 2015 within 300 days of the DNR's failure to promote Howe, she filed a Complaint with the Iowa Civil Rights Commission alleging the denial of promotion was also because of retaliation for engaging in protected activity under the Iowa Civil Rights

Act.

11. Howe filed this lawsuit within 90 days of receiving the Administrative Release and Right-to-Sue letter on the gender discrimination Complaint and will amend upon receiving the Administrative Release and Letter of Right-to-Sue for the retaliation Complaint.

FACTUAL BACKGROUND

12. Howe incorporates paragraphs I through 11 above as though folly alleged herein.

13. Howe is a woman.

14. Howe began periodically working for the DNR on April 26, 2002, most frequently as a seasonal officer.

2 i ( E-FILED 2016 ~ ~d 17 5:18 PM POLK - CLERK OF DISTRICT ~OURT

15. When Howe was a seasonal employee, she worked under a full-time Conservation

Officer. On one occasion, a Conservation Officer whom she worked under gave her a package of

papers that also included anal beads. This made Howe deeply uncomfortable.

16. Howe did not directly report this incident to Conservation Supervisor Jennifer

Lancaster; it was reported on her behalf by a fellow Officer to Lancaster.

17. The Conservation Officer who gave Howe the anal beads had the power to influence whether Howe obtained a full-time position.

18. Lancaster asked Howe about the incident, but Howe was not asked to submit a written statement.

19. Howe applied for a full-time position as a Conservation Officer on August 2,

2006, was offered the position on August 23, 2006, and started as a full-time Conservation

Officer on August 25, 2006.

20. After being bi.red as a full-time Conservation Officer, Howe was trained on navigation by a Conservation Officer other than the one referred to in paragraph 16. This

Conservation Officer had the power to recommend that Howe go through remediation or fail.

21. During navigation training, the training officer referred to in paragraph 20 subjected Howe to greater criticism, additional tasks, and generally harsher treatment than male trainees.

22. Howe was the only female in her group of trainees.

23. Howe immediately reported the disparate treatment to her supervisor, Sedlmayr.

24. Howe married DNR Officer Brian Smith in 2008, and they divorced in 2011.

25. In in 2009, a male Conservation Officer (not previously referred to) entered her hotel room, went from sleeping on the couch, and then, without invitation or her permission,

3 i E-FILED 2016 't _d 17 5:18 PM POLK - CLERK OF DISTRICl ~OURT crawled into her bed and began kissing her. She told him to stop. At that time, Howe was married to Smith.

26. In 2012, Howe once again was subjected to unwanted advances by the officer referred to in paragraph 25. This officer comered Howe against a wall in the kitchen at an annual statewide meeting and attempted to kiss her against her will. Later that evening, Howe walked back to her room, and this same officer followed her and attempted to force his way into her room.

27. Howe reported both the 2009 and the 2012 incidents to Sedlmayr in approximately March or April 2012, which was about 1.5 to 2 weeks after the 2012 incident

28. Howe never had a sexual relationship with the officer referenced in paragraphs

25-27.

29. Sedlmayr was promoted to Law Enforcement Bureau Chief on or about October

2014.

30. Howe began dating another male DNR Conservation Officer (not previously mentioned) on or before December 2014, and she continues to be in that relationship.

3 J. Howe's relationship was widely known or nunored to be occurring on or before

December 2014.

32. On or about January 2015, Sedlmayr appointed Howe's boyfriend to be Howe's

Acting Conservation Supervisor.

33. Sedlmayr recruited several men to apply for the permanent Conservation

Supervisor position, including at least one who was widely known to have had an extra-marital affair.

4 ( { E-FILED 2016'1 ..:13 17 5:18 PM POLK- CLERK OF DISTRIC1 c;OURT

34. In recruiting Howe's boyfriend, Sedlmayr told him that he was aware of his

relationship with Howe and assured him that it would not be an issue if he applied for the

permanent Conservation Supervisor position.

35. On February 23, 2015, Howe's boyfriend informed Sedlmayr that he would not

apply for the position.

36. The morning of February 24, 2015, prior to Howe's pre-scheduled meeting with

Sedlmayr to discuss her applying for the permanent Conservation Supervisor position, Sedlmayr

asked Division Administrator Kelley Myers if it would be permissible for Howe to supervise her

boyfriend

37. Myers responded that it would not be permissible.

38. Later that day, Sedlmayr and Howe had a meeting to discuss her yeady evaluation

and her interest in the Conservation Supervisor position.

39. Sedhnayr informed Howe that she could not be selected for the Supervisor

position and be in a relationship with her then boyfriend.

40. During the same meeting, Sedlmayr expressed concerns about Howe's past relationship with Smith. Howe asked if Sedlmayr had other concems, and he stated that he did not.

41. On February 27, 2015, Howe submitted a written application for the Conservation

Supervisor position, including a resume and cover letter.

42. Sedhnayr held Howe's prior relationship with Smith against her in the application process, but did not hold Smith's relationship with Howe against him.

43. Richard Price, Smith, and Howe were interviewed for the position.

44. Price scored well, but he was quickly eliminated from consideration.

5 E-FILED 201~, .::B 17 5:18 PM POLK- CLERK OF DISTRIC'1 COURT

45. After the interviews, an initial vote on whether Smith or Howe should be selected

for Conservation Supervisor was held, and it was not unanimous. On the final hlling memo,

Smith and Howe were listed as being three points apart, but the hiring memo also inaccurately

stated that the final decision was unanimous.

46. Sedlmayr told the rest of the interview panel untrue rumors about Howe's sexual history and stated that it reflected poorly on her character, particularly that she had an affair

(with her previously mentioned and reported harasser in paragraphs 25-27) while she was married to Smith.

47. Sedlmayr consulted other Conservation Supervisors for their input.

48. Conservation Supervisor Schnoebelen stated he did not trust Howe. He advised

Sedlmayr to select Smith. Schnoebelen said he did not trust Howe because she had previously made a report of gender discrimination against the male navigation trainer referred to in paragraphs 20-23; Schnoebelen thought her complaint was not truthful, and was concerned that if

Howe was selected, she may make another unfounded complaint.

49. The interview panel defe1Ted to Sedlmayr, who selected Smith.

50, Sed!mayr did not select Howe at least in pait because he deemed her untmstworthy on the basis that she had an extra-marital affair,

51. When stating that Howe had an extra-marital affair, he was referring to the mall that sexually harassed her in 2009 and 2012 and referred to in paragraphs 25-27.

52. Sedlmayr informed Howe on March 23, 2015 that she was not selected for the

Conservation Supervisor position, and he told her that 90% of the reason was because of the interview.

6 E-FILED 20161, _d 17 5:18 PM POLK-CLERKOF DISTRlci, JOURT

52. Following Sedlmayr's notification to Howe that she did not receive the position,

Howe asked Karen Fynaardt (Executive Secretary to Executive Director Gipp) to schedule an

appointment for Howe with Gipp regarding the matter.

53. The same day, Fynaardt shredded all notes from the interview process,

54. Smith, a man, was chosen to be the Conservation Supervisor and assigned to

supervise his ex-wife, Howe.

55. Following Howe's internal complaint of gender discrimination for failure to

promote, Sedlmayr cited Howe's untrustworthiness and lack of integrity due to her alleged

marital infidelity and promiscuity.

56. Sedlmayr failed to promote Howe because she is a woman and in retaliation for

her prior complaints of gender discrimination and harassment.

57. All of Sedlmayr and Schnoebelen's adverse actions taken against Howe were undertaken as agents of the DNR.

CAUSES OF ACTION

COUNT I VIOLATION OF THE IOWA CIVIL RIGHTS ACT IOWA CODE CHAPTER 216 - SEX DISCRIMINATION AGAINST DNR AND SEDLMAYR

58. Howe incorporates paragraphs 1 through 58 above as though fully alleged herein.

59. Howe is protected by the Iowa Civil Rights Act because she is a woman.

60. As set forth herein, the DNR and Sedlmayr discriminated against her because of her sex by promoting a man instead of her.

61. The DNR and Sedhnayr's sex discrimination against Howe violated Iowa Code

§216, et seq.

62. As a proximate result of the DNR and Sedhnayr' s conduct, Howe has suffered

7 ' i E-FILED 2016, ..::B 17 5:18 PM POLK-CLERKOF DISTRIC'1 COURT

past and will suffer future lost wages and benefits and emotional distress and requests damages as set forth in more detail below.

COUNT II VIOLATION OF THE IOWA CIVIL RIGHTS ACT IOWA CODE CHAPTER216-RETALIATION AGAINST ALL DEFENDANTS

63. Howe incorporates paragraphs 1 through 60 above as though fully alleged herein.

64. As set forth herein, Howe complained about sexual harassment and disparate treatment on the basis of gender during her employment with the DNR.

65. Defendants retaliated against Howe for her complaints by failing to promote her.

66. Defendants' retaliation against Howe because she had engaged in protected activity pursuant to the Iowa Civil Rights Act violates the Act.

67. As a proximate result of Defendants' conduct, Howe has suffered in the past and will suffer in the future lost wages and benefits and emotional distress, and requests damages as set fotth in more detail below.

RELIEF

WHEREFORE, Plaintiff requests judgment be entered in her favor and against

Defendants, and that the Court order the following specific relief:

A. Declare the Defendants' conduct, as complained about herein, in violation of Howe's rights as secured by Iowa Code Chapter 216;

B. Award Howe compensatory damages to the full extent of the law;

C. Make Howe whole by providing her appropriate lost earnings and benefits with interest;

D. Instate Howe to the position for which she applied or award front pay in lieu of instatement;

E. Award Howe an amount sufficient to fully reimburse her for the reasonable attorney fees, expenses, and costs she has incurred, and will continue to incur, prosecuting her

8 i l E-FILED 2016 '1 -d 17 5:18 PM POLK - CLERK OF DISTRICl 00URT

claims;

F. Award injunctive relief to effectively prevent future discrimination on the basis of sex/gender, as well as retaliation, against Plaintiff and all future generations of women in Iowa. Plaintiff respectfully requests that the Court enter all order directing that Defendants:

a. Implement proper training that includes, but is not limited to, the following key areas: i. State-wide anonymous interviews and questionnaires for all managers regarding their:

1. Views on affinnative action;

2. Reasons for success or failure of women in getting hired or promoted, and

3. Views on the ability of women.

ii. Conduct proper training that includes proper respect for the same treatment of women and application of the same standards to women and men that develops proper respect for the need for ongoing training.

iii. Conduct these annual training programs for a number of years until a showing can be made to the Court that the ongoing training can be altered or reduced because it is no longer needed.

iv. Ensure that documentation is maintained and organized. Failure to do so allows for plausible deniability regarding qualifications, lists, errors, and other claims made by the person engaging in discrimination.

v. Eliminate the ability for one person to control the hiring or promotion of employees. There needs to be a removal of central power, or possibly remaking the entire department into such a bastion of equality and knowledge regarding discrimination that it becomes a barrier to discrimination.

vi. Implement an objective hiring and promotion process, which includes creating a central committee that is responsible for maintaining job descriptions, ensuring that job descriptions apply to the job in question, developing interviews and other fonns of gathering infonnation that show accountability for those decisions, including recording interviews, using the same scoring for interviews, and providing consistent training for those who conduct the interviews or create any sort of scoring or screening device. The person who does scoring must be blind as to gender, as well to the other bases for protection provided for in the Iowa Civil Right~ Act of 1965, as

9 ' \ E-FILED 2016, ..:B 17 5:18 PM POLK- CLERK OF DISTRIC'1 .;OURT

amended, Iowa Code § 216, and must have a set of criteria to score,

vii. Make a renewed commitment to affirmative action hiring and promotion of women.

viii, Commit to the placement of women in management positions and on decision-making committees.

ix. Create an Equal Employment Opportunity ("EEO") officer position with a separate and clear line of independence from every supervisor, reporting directly to the Governor. The EEO officer should be charged with investigation, training, and dealing with claims of discrimination with a cleai· mandate to take such concerns to the Governor's Office when they cannot be resolved internally and to bring issues to the Governor when there is resistance to cooperation or investigation or suggestions of retaliation. The EEO officer should have proper training on identifying barriers based on contemporary hidden gender bias and backlash toward affinnative action.

G. Award such other additional and further relie s the Court deems proper.

avid H. Goldman AT0002824 Amber Shanalian-Fricke ATOOJ 1507 Margret E. White ATOOJ2018 Babich Goldman, P.C. 501 SW 7'" Street, Suite J Des Moines, Iowa, 50309 Telephone: (515) 244-4300 Facsimile: (515) 244-2650 E-Mail: [email protected] E-Mail: [email protected] E-Mail: [email protected]

ATIORNEYS FORPLAINTIFF

Original filed.

10 E-FILED 201s L. .R os 4:oo PM POLK - CLERK OF orsTR1c'1 ~oURT

IN THE row A DISTRICT COURT FOR POLK COUNTY

DEBORAH HOWE, CASE NO. LACL134618

Plaintiff,

vs.

IOWA DEPARTMENT OF NATURAL AMENDED AND SUBSTITUTED RESOURCES, MARK SEDLMAYR, PETITION individually, and RANDY SCHNOEBELEN, individually,

Defendants.

Plaintiff Deborah Howe states the following for her Amended and Substituted Petition

against Defendants Iowa Department of Natural Resources, Mark Sedlmayr, and Randy

Schnoebelen.

INTRODUCTION

1. This is a lawsuit against the Iowa Department of Natural Resources ("DNR"),

Mark Sedlmayr, and Randy Schnoebelen for failing to promote Plaintiff because of her gender

and retaliating against Plaintiff for engaging in protected activity in violation of the Iowa Civil

Rights Act, Iowa Code§ 216, et seq.

JURISDICTION AND VENUE

2. This Court has jurisdiction over this matter as the value exceeds the small claims jurisdictional amount.

3. Venue is appropriate in this Court as the DNR is an agency of the State of Iowa

and the acts giving rise to Plaintiff's claims occurred in Polk County, Iowa.

PARTIES

4. Plaintiff Deborah Howe is a resident of Runnells, Jasper County, Iowa. E-FILED 2016 ~ ....< 08 4:00 PM POLK - CLERK OF DISTRIC1: • JURT

5. Defendant Mark Sedlmayr is a resident of Afton, Union County, Iowa.

6. Defendant Randy Schnoebelen is a resident of Clear Lake, Cerro Gordo County,

Iowa.

7. The DNR is a state agency organized under the laws of the State of Iowa.

PROCEDURAL REQUIREMENTS

8. On June 12, 2015, within 300 days of the DNR's failure to promote Howe, she filed a Complaint with the Iowa Civil Rights Commission alleging the DNR did not promote her because of her gender.

9. The Iowa Civil Rights Commission issued Howe an Administrative Release and

Right-to-Sue letter on November 21, 2015.

10. On December 11, 2015 within 300 days of the DNR's failure to promote Howe, she filed a Complaint with the Iowa Civil Rights Commission alleging the denial of promotion was also because of retaliation for engaging in protected activity under the Iowa Civil Rights

Act.

11. The Iowa Civil Rights Commission issued Howe an Adrrrinistrative Release and

Right-to-Sue letter on February 29, 2016.

12. Howe filed this lawsuit within 90 days of receiving the Administrative Release and Right-to-Sue letter on the gender discrimination Complaint.

13. Howe amended and substituted this Petition within 90 days of receiving the

Administrative Release and Right-to-Sue letter on the retaliation Complaint.

FACTUAL BACKGROUND

14. Howe incorporates paragraphs I through 13 above as though fully alleged herein.

15. Hnwe is a woman.

2 E-FILED 2016 L "' 08 4:00 PM POLK" CLERK OF DISTRld .. JURT

16. Howe began periodically working for the l)NR on April 26, 2002, most frequently as a seasonal officer.

I 7. When Howe was a seasonal employee, she worked under a full-time Conservation

Officer. On one occasion, a Conservation Officer whom she worked under gave her a package of papers that also included anal beads. This made Howe deeply uncomfortable.

18. Howe did not directly report this incident to Conservation Supervisor Jennifer

Lancaster; it was reported on her behalf by a fellow Officer to Lancaster.

19. The Conservation Officer who gave Howe the anal beads had the power to influence whether Howe obtained a full-time position.

20. Lancaster asked Howe about the incident, but Howe was not asked to submit a written statement.

21. Howe applied for a full-time position as a Conservation Officer on August 2,

2006, was offered the position on August 23, 2006, and started as a full-time Conservation

Officer on August 25, 2006.

22. After being hired as a full-time Conservation Officer, Howe was trained on navigation by a Conservation Officer other than the one referred to in paragraph 16. This

Conservation Officer had the power to recommend that Howe go through remediation or fail.

23. During navigation training, the training officer referred to in paragraph 20 subjected Howe to greater criticism, additional tasks, and generally harsher treatment than male trainees.

24. Howe was the only female in her group of trainees.

25. Howe immediately reported the disparate treatment to her supervisor, Sedlmayr.

26. Howe married DNR Officer Brian Smith in 2008, and they divorced in 2011.

3 E-FILED 2016 rL .. < 08 4:00 PM POLK - CLERK OF DISTRICT'~ ...>URT

27. In in 2009, a male Conservation Officer (not previously referred to) entered her hotel room, went from sleeping on the couch, and then, without invitation or her pennission,

crawled into her bed and began kissing her. She told him to stop. At that time, Howe was married to Smith.

28. In 2012, Howe once again was subjected to unwanted advances by the officer referred to in paragraph 25. This officer cornered Howe against a wall in the kitchen at an annual

statewide meeting and attempted to kiss her against her will. Later that evening, Howe walked

back to her room, and this same officer followed her and attempted to force his way into her room.

29. Howe reported both the 2009 and the 2012 incidents to Sedlmayr in

approximately March or April 2012, which was about 1.5 to 2 weeks after the 2012 incident.

30. Howe never had a sexual relationship with the officer referenced in paragraphs

25-27.

31. Sedlmayr was promoted to Law Enforcement Bureau Chief on or about October

2014.

32. Howe began dating another male DNR Conservation Officer (not previously

mentioned) on or before December 2014, and she continues to be in that relationship.

33. Howe's relationship was widely known or rumored to be occurring on or before

December 2014.

34. On or about January 2015, Sedlmayr appointed Howe's boyfriend to be Howe's

Acting Conservation Supervisor.

4 E-FILED 2016 \,,, ,R 08 4:00 PM POLK - CLERK OF DISTRld vOURT

3 5. Sedlmayr recruited several men to apply for the permanent Conservation

Supervisor position, including at least one who was widely known to have had an extra-marital affair.

36. In recruiting Howe's boyfriend, Sedlmayr told him that he was aware of his relationship with Howe and assured him that it would not be an issue if he applied for the permanent Conservation Supervisor position.

37. On February 23, 2015, Howe's boyfriend infonned Sedlmayr that he would not apply for the position.

38. The morning of February 24, 2015, prior to Howe's pre-scheduled meeting with

Sedlmayr to discuss her applying for the pennanent Conservation Supervisor position, Sedlmayr asked Division Administrator Kelley Myers if it would be permissible for Howe to supervise her boyfriend

39. Myers responded that it would not be permissible.

40. Later that day, Sedlmayr and Howe had a meeting to discuss her yearly evaluation and her interest in the Conservation Supervisor position.

41. Sedlmayr informed Howe that she could not be selected for the Supervisor position and be in a relationship with her then boyfriend.

42. During the same meeting, Sedlmayr expressed concerns about Howe's past relationship with Smith. Howe asked if Sedlmayr had other concerns, and he stated that he did not.

43. On February 27, 2015, Howe submitted a written application for the Conservation

Supervisor position, including a resume and cover letter.

5 i i E-FILED 2016 .. ,AR 08 4:00 PM POLK - CLERK OF DISTRIG, ..:OURT

44. Sedlmayr held Howe's prior relationship with Smith against her in the application process, but did not hold Smith's relationship with Howe against him.

45. Richard Price, Smith, and Howe were interviewed for the position.

46. Price scored well, but he was quickly eliminated from consideration.

47. After the interviews, an initial vote on whether Smith or Howe should be selected for Conservation Supervisor was held, and it was not unanimous. On the final hiring memo,

Smith and Howe were listed as being three points apart, but the hiring memo also inaccurately stated that the final decision was unanimous.

48. Sedlmayr told the rest of the interview panel untrue rumors about Howe's sexual history and stated that it reflected poorly on her character, particularly that she had an affair

(with her previously mentioned and reported harasser in paragraphs 25-27) while she was married to Smith.

49. Sedlmayr consulted other Conservation Supervisors for their input.

50. Conservation Supervisor Schnoebelen stated he did not trust Howe. He advised

Sedlmayr to select Smith. Schnoebelen said he did not ttust Howe because she had previously made a report of gender discrimination against the male navigation trainer referred to in paragraphs 20-23; Scbnoebelen thought her complaint was not truthful, and was concerned that if

Howe was selected, she may make another unfounded complaint.

51. The interview panel deferred to Sedlmayr, who selected Smith.

52. Sedlmayr did not select Howe at least in part because he deemed her untrustworthy on the basis that she had an extra-marital affair,

53. When stating that Howe had an extra-marital affair, he was referring to the man that sexually harassed her in 2009 and 2012 and referred to in paragraphs 25-27.

6 , I E-FILED 2016 ~'"""' 08 4:00 PM POLK- CLERK OF DISTRICT vJURT

54. Sedlmayr informed Howe on March 23, 2015 that she was not selected for the

Conservation Supervisor position, and he told her that 90% of the reason was because of the

interview.

55. Following Sedlmayr's notification to Howe that she did not receive the position,

Howe asked Karen Fynaardt (El(ecutive Secretary to Executive Director Gipp) to schedule an

appointment for Howe with Gipp regarding the matter.

56. The same day, Fynaardt shredded all notes from the interview process.

57. Smith, a man, was chosen to be the Conservation Supervisor and assigned to supervise his ex-wife, Howe.

58. Following Howe's internal complaint of gender discrimination for failure to promote, Sedlmayr cited Howe's untrustworthiness and lack of integrity due to her alleged marital infidelity and promiscuity.

59. Sedlmayr failed to promote Howe because she is a woman and in retaliation for her prior complaints of gender discrimination and harassment

60. All of Sedlmayr and Schnoebelen's adverse actions taken against Howe were undertaken as agents of the DNR.

CAUSES OF ACTION

COUNT I VIOLATION OF THE IOWA CIVIL RIGHTS ACT IOWA CODE CHAPTER 216- SEX DISCRIMINATION AGAINST DNR AND SEDLMAYR

61. Howe incorporates paragraphs I through 60 above as though fully alleged herein.

62. Howe is protected by the Iowa Civil Rights Act because she is a woman.

63. As set forth herein, the DNR and Sedlmayr discriminated against her because of her sex by promoting a man instead of her.

7 E-FILED 2016 ~,,,.-< 08 4:00 PM POLK- CLERK OF DISTRid ...,0URT

64. The DNR and Sedlmayr's sex discrimination against Howe violated Iowa Code

§216, et seq.

65. As a proximate result of the DNR and Sedlmayr's conduct, Howe has suffered past and will suffer future lost wages and benefits and emotional distress and requests damages as set forth in more detail below.

COUNT II VIOLATION OF THE IOWA CIVIL RIGHTS ACT IOWA CODE CHAPTER 216- RETALIATION AGAINST ALL DEFENDANTS

66. Howe incorporates paragraphs 1 through 65 above as though fully alleged herein.

67. As set forth herein, Howe complained about sexual harassment and disparate treatment on the basis of gender during her employment with the DNR.

68. Defendants retaliated against Howe for her complaints by failing to promote her.

69. Defendants' retaliation against Howe because she had engaged in protected activity pursuant to the Iowa Civil Rights Act violates the Act.

70. As a proximate result of Defendants' conduct, Howe has suffered in the past and will suffer in the future lost wages and benefits and emotional distress, and requests damages as set forth in more detail below.

RELIEF

WHEREFORE, Plaintiff requests judgment be entered in her favor and against

Defendants, and that the Court order the following specific relief:

A. Declare the Defendants' conduct, as complained about herein, in violation of Howe's rights as secured by Iowa Code Chapter 216;

B. Award Howe compensatory damages to the full extent of the Jaw;

C. Make Howe whole by providing her appropriate lost earnings and benefits with interest;

8 1 E-FILED 2016 .... R 08 4:00 PM POLK - CLERK OF DISTRld 1 _;OURT

D. Instate Howe to the position for which she applied or award front pay in lieu of instatement;

E. Award Howe an amount sufficient to fully reimburse her for the reasonable attorney fees, expenses, and costs she has incurred, and will continue to incur, prosecuting her claims;

F. Award injunctive relief to effectively prevent future discrimination on the basis of sex/gender, as well as retaliation, against Plaintiff and all future generations of women in Iowa. Plaintiff respectfully requests that the Court enter an order directing that Defendants:

a. Implement proper training that includes, but is not limited to, the following key areas: i. State-wide anonymous interviews and questionnaires for all managers regarding their:

I. Views on affirmative action;

2. Reasons for success or failure of women in getting hired or promoted, and

3. Views on the ability of women.

ii. Conduct proper training that includes proper respect for the same treatment of women and application of the same standards to women and men that develops proper respect for the need for ongoing training.

iii. Conduct these annual training programs for a number of years until a showing can be made to the Court that the ongoing training can be altered or reduced because it is no longer needed.·

iv. Ensure that documentation is maintained and organized, Failure to do so allows for plausible deniability regarding qualifications, lists, errors, and other claims made by the person engaging in discrimination.

v. Eliminate the ability for one person to control the hiring or promotion of employees. There needs to be a removal of central power, or possibly remaking the entire department into such a bastion of equality and knowledge regarding discrimination that it becomes a barrier to discrimination.

vi. Implement an objective hiring and promotion process, which includes creating a central committee that is responsible for maintaining job descriptions, ensuring that job descriptions apply to the job in question, developing interviews and other forms of gathering

9 i I E-FILED 2016 ,_.AR 08 4:00 PM POLK - CLERK OF DISTRIC, COURT

information that show accountability for those decisions, including recording interviews, using the same scoring for interviews, and providing consistent training for those who conduct the interviews or create any sort of scoring or screening device. The person who does . scoring must be blind as to gender, as well to the other bases for protection provided for in tbe Iowa Civil Rights Act of 1965, as amended, Iowa Code § 216, and must have a set of criteria to score.

vii. Make a renewed commitment to affirmative action hiring and promotion of women.

viii. Commit to the placement of women in management positions and on decision-making committees.

ix. Create an Equal Employment Opportunity ("EEO") officer position with a separate and clear line of independence from every supervisor, reporting directly to the Governor. The EEO officer should be charged with investigation, training, and dealing with claims of discrimination with a clear mandate to take such concerns to the Governor's Office when they cannot be resolved internally and to bring issues to the Governor when there is resistance to cooperation or investigation or suggestions of retaliation. The EEO officer should have proper training on identifying barriers based on contemporary hidden gender bias and backlash toward affirmative action.

G. Award such other additional and further relief as the Court deems proper.

Respectfully submitted,

David H. Goldman AT0002824 Amber Shanahan-Fricke AT0011507 Margret E. White AT00!2018 Babich Goldman, P.C. 501 SW 7th Street, Suite J Des Moines, Iowa, 50309 Telephone: (515) 244-4300 Facsimile: (SIS) 244-2650 E-Mail: [email protected] E-Mail: [email protected] E-Mail: [email protected]

ATIORNEYS FOR PLAINTIFF

Original filed.

IO \ 'N I . \ 1.,y+ IN THE IOWA DISTRICT COURT FOR POLK COUNTY

DEBORAH HOWE,

· Plaintiff, Case No. LACL134618

vs.

IOWA DEPARTMENT OF NATURAL DEFENDANTS' ANSWER AND RESOURCES, MARK SEDLMAYR, AFFIRMATIVE DEFENSES individually, and RANDY TO PLAINTIFF'S SCHNOEBELEN, individually, AMENDED AND SUBSTITUTED PETITION Defendants.

COME NOW Defendants, for their Answer and Affirmative Defenses to Plaintiffs

Amended and Substituted Petition, and STA TE:

ANSWER

1. Admit that Plaintiff filed the present lawsuit against Defendants. Otherwise deny.

2. Deny.

3. Admit that the Iowa Department of Natural Resources (DNR) is an agency of the

State oflowa. Otherwise deny.

4. Deny for lack of knowledge or information sufficient to form a belief as to the

truth of this allegation.

5. Admit

6. Admit

7. Admit. 8. Admit that on or about June 12, 2015, within 300 days of the DNR's failure to promote Plaintiff on or about March 23, 2015, she filed a complaint with the Iowa Civil Rights

Commission alleging failure to promote because of her sex. Otherwise deny.

9. Admit that on or about November 20, 2015, the Iowa Civil Rights Commission issued Plaintiff an Administrative Release (Right-To-Sue) Letter. Otherwise deny.

10. Admit that on or about December 11, 2015, within 300 days of the DNR's failure to promote Plaintiff on or about March 23, 2015, she filed a complaint with the Iowa Civil

Rights Commission alleging that the failure to promote was also because of retaliation.

Otherwise deny.

11. Admit that on or about February 29, 2016, the Iowa Civil Rights Commission issued Plaintiff an Administrative Release (Right-To-Sue) Letter. Otherwise deny.

12. Admit that Plaintiff filed her Petition in the present lawsuit on or about February

17, 2016. Otherwise deny for lack of knowledge or information sufficient to form a belief as to the truth of this allegation.

13. Admit that Plaintiff filed her Amended and Substituted Petition in the present lawsuit on or about March 8, 2016. Otherwise deny for lack of knowledge or information sufficient to form a belief as to the truth of this allegation.

14. No additional response required; see answers above.

15. Admit.

16. Admit that Plaintiff worked for the DNR in seasonal employment for periods of time beginning on April 26, 2002. Otherwise deny.

17. Deny for lack of knowledge or information sufficient to form a belief as to the truth of this allegation.

2 18. Deny for lack of knowledge or information sufficient to form a belief as to the truth of this allegation.

19. Deny.

20. Deny for lack of knowledge or information sufficient to form a belief as to the truth of this allegation.

21. Admit that Plaintiffs full-time start date as a Conservation Officer was August

25, 2006. Otherwise deny for lack of knowledge or information sufficient to form a belief as to the truth ofthis allegation.

22. Admit that after being hired as a Conservation Officer, Plaintiff was trained on navigation by a Conservation Officer, and others provided training as well. Admit that this

Conservation Officer had the power to recommend that Plaintiff go through remediation for a specific task. Otherwise deny.

23. Deny for lack of knowledge or information sufficient to form a belief as to the truth of this allegation.

24. Deny for lack of knowledge or information sufficient to form a belief as to the truth of this allegation.

25. Admit that at some point after her training, Plaintiff made a remark to her supervisor, Mark Sedlmayr, regarding a training officer. Otherwise deny.

26. Deny for lack of knowledge or information sufficient to form a belief as to the truth of this allegation.

27. Admit that in 2012, Sedlmayr learned.that an incident involving kissing took place in 2009 between Plaintiff and a male Conservation Officer, and that in 2009, Plaintiff was

3 married to Smith. Otherwise deny for lack of knowledge or information sufficient to form a

belief as to the truth of this allegation.

28. Admit that in 2012, Plaintiff told Sedlmayr about an incident involving unwanted

advances by a male Conservation Officer who followed her and attempted to force his way into

her room. Otherwise deny for lack of knowledge or information sufficient to form a belief as to

the truth of this allegation.

29. Admit that after Sedlmayr asked Plaintiff what was bothering her, she told him

about the 2009 and 2012 incidents in approximately March or April 2012. Otherwise deny for

lack of knowledge or information sufficient to form a belief as to the truth of this allegation

30. Deny for lack of knowledge or information sufficient to form a belief as to the

truth of this allegation.

31. Admit that Sedlmayr was promoted to Law Enforcement Bureau Chief on or

about September 2014. Otherwise deny.

32. Deny for lack of knowledge or information sufficient to form a belief as to the

truth of this allegation.

33. Admit.

34. Admit that on or about January 2015, Sedlmayr appointed Craig Cutts to be

Plaintiff's Acting Conservation Supervisor for administrative purposes only. Otherwise deny and deny for lack of knowledge or information sufficient to form a belief as to the truth of this

allegation.

35. Admit that Sedlmayr encouraged 4-5 Conservation Officers to apply for the

Conservation Supervisor position. Otherwise deny.

4 36. Deny and deny for lack of knowledge or information sufficient to form a belief as to the truth of this allegation.

37. Admitthat prior to February 23, 2015, Craig Cutts informed Sedlmayrthat he would not apply for the position. Otherwise deny for lack of knowledge or information sufficient to form a belief as to the truth of this allegation.

38. Admit that prior to meeting with Plaintiff, Sedlmayr asked Division Administrator

Kelley Myers for her opinion regarding Plaintiff supervising Craig Cutts. Otherwise deny and deny for lack of knowledge or information sufficient to form a belief as to the truth of this allegation.

39. Deny.

40. Admit.

41. Deny.

42. Admit that during the meeting, Sedlrnayr expressed concerns about Plaintiff's past relationships with officers in the district. Admit that Plaintiff asked if Sedlrnayr had other concerns, and he stated that he did not Otherwise deny.

43. Admit that Plaintiff submitted a_ written application on February 27, 2015, for the

Conservation Supervisor (PSE2) position. Otherwise deny for lack of knowledge or information sufficient to form a belief as to the truth of this allegation.

44. Deny.

45. Admit.

46. Admit.

47. Deny.

5 48. Admit that Sedlmayr told the rest of the interview panel about Howe's past relationships and stated that it reflected poorly on her character, particularly that she had an affair while she was married to Smith. Otherwise deny.

49. Admit that Sedlmayr consulted with other Conservation Supervisors and Lead

Officer Dave Tierney for their input. Otherwise deny.

50. Admit that Conservation Supervisor Randy Schnoebelen gave Sedlmayr his objective opinion. Admit that Schnoebelen told Sedlmayr that he had trust issues with Plaintiff and that Smith was the more logical choice. Otherwise deny.

51. Admit.

52. Admit.

53. Admit that when stating Plaintiff had an extra-marital affair, Sedlmayr was referring to the man that Plaintiff told him had made unwanted advances toward her in 2012.

Otherwise deny.

54. Admit that Sedlmayr informed Plaintiff on March 23, 2015, that she was not selected for the Conservation Supervisor position. Otherwise deny.

55. Deny for lack of knowledge or information sufficient to form a belief as to the truth of this allegation.

56. Admit that Karen Fynaardt shredded notes from the interview process. Otherwise deny and deny for lack of knowledge or information sufficient to form a belief as to the truth of this allegation.

57. Admit

58. Admit that Plaintiff's alleged marital infidelity was one of several reasons

Sedlmayr provided for his decision. Otherwise deny.

6 59. Deny.

60. Admit that Sedlmayr's failure to promote Plaintiff was undertaken as an agent of the DNR. Otherwise deny and deny that Schnoebelen took any adverse action against Plaintiff.

61. No additional response required; see answers above.

62. Admit that the Iowa Civil Rights Act prohibits discrimination in employment against any applicant for employment or any employee because of the sex of such applicant or employee, unless based upon the nature of the occupation. Admit that Pfaintiff is a woman.

Otherwise deny. ·

63. Deny.

64. Deny.

65. Deny.

66. No additional response required; see answers above.

67. Deny.

68. Deny.

69. Deny.

70. Deny.

Deny that Plaintiff is entitled to the relief requested or to any relief.

AFFIRMATIVE DEFENSES

1. Plaintiff's claims are barred to the extent her Amended and Substituted Petition fails to state a claim upon which relief may be granted.

2. Plaintiff's claims are barred to the extent she failed to exhaust her administrative remedies.

7 3. Plaintiffs claims are barred to the extent her allegations go beyond the scope of her administrative complaints.

4. Plaintiffs claims are barred to the extent they were filed or made beyond the applicable statute(s) of limitations, or other time limitations.

5. Plaintiffs Amended and Substituted Petition, and each cause of action set forth therein, are barred to the extent Plaintiff, by reason of her conduct and actions, has waived any right to assert the claims set forth therein.

6. Plaintiffs Amended and Substituted Petition, and each cause of action set forth therein, are barred to the extent that Plaintiff, by reason of her own conduct and actions, is estopped from asserting the claims set forth therein.

7. Plaintiff's Amended and Substituted Petition, and each cause of action set forth therein, are barred to the extent that the doctrine of unclean hands applies.

8. Plaintiffs claims are barred to the extent they are covered by claim preclusion and/or issue preclusion.

9. Plaintiff cannot establish a prima facie claim necessary to recover.

10. Defendant Schnoebelen took no tangible, adverse employment action against

Plaintiff.

11. Plaintiff has not stated a basis for individual liability against Defendant

Schnoebelen.

J 2. Plaintiff cannot establish a causal connection between her exercise of statutory rights and any adverse employment action.

13. Plaintiff unreasonably failed to take advantage of any preventative or corrective opportunities provided by Defendants or to otherwise avoid harm.

8 14. Defendants' actions were taken for legitimate, nondiscriminatory, and/or nonretaliatory reasons.

15. Even if Plaintiff could establish a prima facie claim, she cannot establish that

Defendants' legitimate, nondiscriminatory, and/or nonretaliatory reasons for their actions were a pretext for discrimination or retaliation.

16. Even if Plaintiff conld establish pretext, Defendants would have taken the same employment actions regardless of the alleged discrimination or retaliation.

17. If Plaintiff suffered or sustained any damages, injuries, or detriment as a . proximate result of the conduct of Defendants, as alleged in Plaintiff's Amended and Substituted

Petition, Plaintiffs right to recover any damages against Defendants is barred or reduced to the extent that such injury was proximately caused or contributed to by the negligence or bad faith of

Plaintiff

18. Plaintiff's damages, if any, must be reduced to the extent that Plaintiff failed to mitigate her damages.

19. Defendants reserve the right to add defenses should additional facts come to light

WHEREFORE, Defendants so answer.

Respectfully submitted,

THOMAS J. MILLER Attorney General oflowa

/s/MollyM. Weber MOLLYM. WEBER(AT0008313) Assistant Attorney General Special Litigation Division Hoover State Office Building Des Moines, IA 50319 (515) 281-5309 I FAX: (515) 281-4902 molly. weber@iowagov

9 Isl William R. Pearson WILLIAM R PEARSON (AT0012070) Assistant Attorney General Special Litigation Division Hoover State Office Building Des Moines, IA 50319 (515) 242-6773 /FAX: (515) 281-4902 [email protected]

ATTORNEYS FORDEFENDANTS

Original filed; e-copy to:

David H. Goldman (AT0002824) [email protected] Margret R White (AT0012018) [email protected] Babich Goldman, P.C. 501 SW 7th Street, Suite J Des Moines, IA 50309 (515) 244-4300 I FAX: (515) 244-2650

ATTORNEYS FOR PLAINTIFF

Pl'oof of Service

The undersigned certifies that the foregoing instrument was served upon e11ch of the persons identified 11s receiving 11 copy by delivery in the following manner on May 13 2016. Ou.s_ Mail DFAX 0HandDeli.very Dovernight Cowier 0Federnl Expre.'IS Doo" X Eloob:{)nicolly

Signo.turcJs/ Molly M. Weber

10

IOWA DEPARTMENT OF NATURAL RESOURCES NATURAL RESOURCE COMMISSION

NRC Business Meeting – Thursday, April 13, 2017 Meeting Location: Iowa DNR, 502 E 9th St, 4th Floor Conference Rm, Des Moines, IA Meeting convenes at 9:30 am Public Participation begins at approximately 10:00 am

NRC BUSINESS MEETING AGENDA 1. Approval of Agenda Decision Commission Consent Agenda (*within agenda indicates proposed consent agenda item) **9. Contract with Matthew McQuillen - IHAP **10. Contract with Custom Seeding and Habitat - IHAP **11. Contract with LeSueur River Seeding and Conservation, LLC. Guyer - IHAP **16.1 Chapter 18 Lease – Scott Co. – Alter Trading Corporation **16.3 Management Agreement – Falls Access Area – Black Hawk County Conservation Board **16.4 Management Agreement – McFarlane Park – Black Hawk County Conservation Board **16.5 Transfer of Jurisdiction – Big Mill Creek WMA – Dept of Public Safety – Jackson County 2. Approve Minutes of 03/09/17 NRC Public Meeting Decision Commission 3. Approve Minutes of 03/10/17 NRC Public Meeting Decision Commission 4. Director’s Remarks Information Chuck Gipp 5. Division Administrator’s Remarks Information Dale Garner 6. Donations Decision Dale Garner 7. Chapter 91, Waterfowl and Coot Hunting Seasons; Chapter Decision Chris Ensminger 97, Common Snipe, Virginia Rail and Sora, Woodcock, Ruffed Grouse and Dove Hunting Seasons; Chapter 102, Falconry Regulations for Hunting Game– Final Rule 8. ALJ Proposed Decision Review (DIA No. 17DNR020) – In Decision John Crotty the matter of Michael O’Hearn *9. Contract with Matthew McQuillen – IHAP Decision Chris Ensminger *10. Contract with Custom Seeding and Habitat – IHAP Decision Chris Ensminger *11. Contract with LeSueur River Seeding and Conservation, Decision Chris Ensminger LLC. Guyer – IHAP 12. Naming of the Loess Hills Visitor Center to the Brent S. Decision Paul Tauke Olson Memorial Visitor Center 13. Contract with Des Moines Water Works Park Decision Travis Baker 14. Chapter 30 - Waters Cost-Share and Grants Program, Water Decision Travis Baker Trail Enhancement Grant Recommendations 15. Public Land Acquisition Projects 15.1 Big Marsh Wildlife Management Area, Butler County – Iowa Decision Travis Baker Natural Heritage Foundation 15.2 Big Marsh Wildlife Management Area, Butler County – Iowa Decision Travis Baker Natural Heritage Foundation 15.3 Heritage Hills Wildlife Management Area, Madison County – Decision Travis Baker Iowa Natural Heritage Foundation

For details on the NRC meeting schedule, visit: http://www.iowadnr.gov/InsideDNR/BoardsCommissions/NaturalResourceCommission.aspx

Comments during the public participation period regarding proposed rules or notices of intended action are not included in the official comments for that rule package unless they are submitted as required in the Notice of Intended Action.

Any person attending the public meeting and has special requirements such as those related to mobility or hearing impairments should contact the DNR or ADA Coordinator at 515-725-8200, Relay Iowa TTY Service 800-735-7942, or [email protected], and advise of specific needs.

Page 1 of 2 – 04/04/17

16. Public Land Management Projects *16.1 Chapter 18 Lease – Scott Co. – Alter Trading Corporation Decision Travis Baker 16.2 Management Agreement – Willow Creek Wildlife Decision Travis Baker Management Area -- Greene County Board of Supervisors *16.3 Management Agreement – Falls Access Area – Black Hawk Decision Travis Baker County Conservation Board *16.4 Management Agreement – McFarlane Park – Black Hawk Decision Travis Baker County Conservation Board *16.5 Transfer of Jurisdiction–Big Mill Creek Wildlife Management Decision Travis Baker Area – Department of Public Safety – Jackson County 17. Construction - Small Projects Information Travis Baker 18. Construction Projects 18.1 Apple Jack Marsh, Wetland Improvements–Dickinson Decision Travis Baker County 18.2 Ahquabi State Park, Boat Storage Building - Warren County Decision Travis Baker 18.3 Honey Creek Resort State Park, Wave Attenuator Extension Decision Travis Baker – Appanoose County 18.4 McIntosh Woods State Park, Boat Ramp Replacement - Decision Travis Baker Cerro Gordo County 18.5 Bellevue State Park, Vault Restroom Building Replacement - Decision Travis Baker Jackson County 18.6 City of Boone Water Works, Loop Drive and Parking Project Decision Travis Baker Phase 1 - Boone County 19. General Discussion NRC Review of Administrative Law Judge Cases

Upcoming NRC Meeting Dates:  May 11, 2017 – 9:30 am; Business Meeting, IA DNR, 502 E 9th St, Des Moines, IA  June 7, 2017 – 11am; Field Tour (TBD)  June 8, 2017 – 8:30am; Business Meeting (TBD)  July 13, 2017 – 9:30 am; Business Meeting, IA DNR, 502 E 9th St, Des Moines, IA

For details on the NRC meeting schedule, visit: http://www.iowadnr.gov/InsideDNR/BoardsCommissions/NaturalResourceCommission.aspx

Comments during the public participation period regarding proposed rules or notices of intended action are not included in the official comments for that rule package unless they are submitted as required in the Notice of Intended Action.

Any person attending the public meeting and has special requirements such as those related to mobility or hearing impairments should contact the DNR or ADA Coordinator at 515-725-8200, Relay Iowa TTY Service 800-735-7942, or [email protected], and advise of specific needs.

Page 2 of 2 – 04/04/17

Iowa Department of Natural Resources Natural Resource Commission #6

Decision Item

Donations

The Natural Resource Commission is requested to approve the following donations:

Donation to: Amount Description Donation Provided by: Cedar Rock State $200.00 Laptop computer and carrying Allison York and John Schmidt Park bag for Park use. Pine Lake State Park $699.99 Funds toward the purchase of a Rachel Nedved, Treasurer Trek patrol bicycle. Friends Of Pine Lake State Park Pine Lake State Park $639.93 Equipment For Trek patrol bike Rachel Nedved, Treasurer (Bag, Headlight, Taillight, Friends Of Pine Lake State Park Odometer, Mini Repair Tool, Helmet, and Vehicle Hitch Rack) Walnut Woods State $540.00 Limestone boulders for parking Jay Johnson, Martin Marietta Park, Purple Martin delineation at Purple Martin Company Lake Lake. Walnut Woods State $2,742.00 Chainlink fence around purple Linda MacBride, President Park, Purple Martin martin houses at Purple Martin Friends of Walnut Woods Lake Lake. Fish and Wildlife $23,000.00 Bequeath in memory of Bryan Terry D. Parsons, Olsen & Trust Fund Jon Timmerman to be used for Parsons Law Firm trout stream acquisition in northeast Iowa. Parks and Law $50.00 Two $25 Casey's gift cards to T. Waldmann-Williams, Marion Enforcement support public event needs County Republicans sponsored by Parks and Law Enforcement bureaus. Parks and Forestry $100.00 Funds to support Parks and Michael Davis Forestry in memory of Mary K Davis Fish and Wildlife $100.00 Funds to support the Fish and Autumn Seiler Trust Fund Wildlife Trust Fund in memory of Don Sievers, a long time former employee of the DNR.

Dale Garner, Division Administrator Conservation and Recreation Division April 13, 2017 Department of Natural Resources Natural Resource Commission #7

Decision Item

Chapter 91, Waterfowl and Coot Hunting Seasons; Chapter 97, Common Snipe, Virginia Rail and Sora, Woodcock, Ruffed Grouse and Dove Hunting Seasons; Chapter 102, Falconry Regulations for Hunting Game– Final Rule ______The Commission is requested to adopt a final rule to amend Chapter 91, “Waterfowl and Coot Hunting Seasons”, Chapter 97, “Common Snipe, Virginia Rail and Sora, Woodcock, Ruffed Grouse and Dove Hunting Seasons”, and Chapter 102, “Falconry Regulations for Hunting Game”.

Chapter 91, Waterfowl and Coot Hunting Seasons: Basic Intent of Current Rule: This chapter contains the regulations for hunting waterfowl and coot and includes season dates, bag limits, possession limits, shooting hours, and areas open to hunting.

Proposed Rule Change: The proposed notice adjusts the season dates to comply with United States Fish and Wildlife Service (USFWS) regulations and to ensure the seasons begin on weekends. Also included is a fourth year of the experimental special September teal season; similar to 2016 the teal season in the North and South zones will be 9 days while the Missouri River Zone will have 16 days. Finally, the Canada goose season was adjusted to allow youth to harvest geese on Youth Waterfowl Hunting Days and, as in the recent past, nine days of Iowa’s 107-day Canada goose season will be used to open special September Canada goose seasons in zones around Des Moines, Cedar Rapids/Iowa City, and Cedar Falls/Waterloo.

Additional changes to Chapter 91 include a minor change to the boundary of a waterfowl refuge in the Upper Iowa Wildlife Unit, adjusting daily bag limits to comply with USFWS frameworks, and removing all language addressing the 2016-2017 zone structure.

2017-2018 MIGRATORY GAME BIRD SEASONS NORTH ZONE SOUTH ZONE MO RIVER ZONE Special September teal 09/02/17 - 09/10/17 09/02/17 - 09/10/17 09/02/17 - 09/17/17

Ducks, Mergansers and Coots 09/23/17 - 10/01/17 09/30/17 - 10/04/17 10/07/17 - 10/08/17 10/14/17 - 12/03/17 10/21/17 - 12/14/17 10/21/17 - 12/17/17 Youth Waterfowl Hunting Days 09/16/17 - 09/17/17 09/23/17 - 09/24/17 09/30/17 - 10/01/17

Dark geese (Canada geese, 09/23/17 - 10/08/17 09/30/17 - 10/08/17 10/07/17 - 10/15/17 brant, and white-fronted geese) 10/14/17 - 01/01/18 10/21/17 - 01/15/18 10/21/17 - 01/15/18 Light Geese (white and blue 09/23/17 - 10/08/17 09/30/17 - 10/08/17 10/07/17 - 10/15/17 phase snow geese and Ross’ 10/14/17 - 01/10/18 10/21/17 - 01/24/18 10/21/17 - 01/24/18 geese) SPECIAL SEPTEMBER CANADA GOOSE SEASONS Canada geese 09/02/17 – 09/10/17 Only in designated zones around Des Moines, Cedar Rapids/Iowa City and Cedar Falls/Waterloo. STATEWIDE Light Geese Conservation 01/25/18 – 04/15/18 Order (white and blue phase Additional regulations apply snow geese and Ross’ geese)

Chapter 97, Common Snipe, Virginia Rail and Sora, Woodcock, Ruffed Grouse, and Dove Hunting Seasons: Basic Intent of Current Rule: This chapter contains the regulations for hunting common snipe, Virginia rail and sora, ruffed grouse, and dove.

Proposed Rule Change: The proposed amendments adjust the dove hunting season dates to allow for an additional 20 days. The USFWS allows doves to be hunted for 90 days.

Chapter 102, Falconry Regulations for Hunting Game: Basic Intent of Current Rule: This chapter contains the regulations for hunting game with falcons.

Proposed Rule Change: The proposed amendments adjust the season dates so they do not conflict with the conventional duck hunting season and provide the maximum number of days allowed by the USFWS. The falconry season will now begin the first Saturday in January in each waterfowl hunting zone and run until the combined total of the conventional hunting season days plus falconry hunting days reaches 107. The falconry regulations were also updated to reflect the increased federal possession limit (3x the daily bag limit) and remove currently incorrect language regarding dark goose falconry seasons.

NOIA Process: Notice of Intended Action was published in the Iowa Administrative Bulletin on February15, 2017, as ARC 2937C. A public hearing was held on March 7, 2017. For Rule consideration, eight comments were received from the public during the comment period. Six of the comments requested later season dates, with one comment requesting earlier goose hunting dates and one comment opposing the extension of the dove hunting season.

Additional Changes from NOIA: One change in Chapter 91 was made from the Notice; the daily bag limit for northern pintails was reduced from two to one. The USFWS has reduced the pintail daily bag limit in the proposed framework. State regulations must comply with federal frameworks.

Effective Date of Final Rule: The Final Rule will be effective for the 2017-18 migratory bird hunting seasons beginning September 1, 2017

Chris Ensminger, Acting Wildlife Bureau Chief Conservation and Recreation Division April 13, 2017

Attachment: Notice of Intended Action to amend Chapter 91, “Waterfowl and Coot Hunting Seasons,” Chapter 97, “Common Snipe, Virginia Rail and Sora, Woodcock, Ruffed Grouse, and Dove Hunting Seasons,” and Chapter 102, “Falconry Regulations for Hunting Game”

NATURAL RESOURCE COMMISSION[571] Adopted and Final Pursuant to the authority of Iowa Code sections 455A.5(6)“a,” 481A.38, 481A.39, and 481A.48, the Natural Resource Commission (Commission) hereby amends Chapter 91, “Waterfowl and Coot Hunting Seasons,” Chapter 97, “Common Snipe, Virginia Rail and Sora, Woodcock, Ruffed Grouse, and Dove Hunting Seasons,” and Chapter 102, “Falconry Regulations for Hunting Game,” Iowa Administrative Code. Chapter 91 contains the regulations for hunting waterfowl and coot and includes season dates, bag limits, possession limits, shooting hours, and areas open to hunting. The proposed amendments make the annual adjustment to the season dates for the 2017-2018 waterfowl seasons so that they comply with what the Department of Natural Resources (Department) anticipates the corresponding federal regulations will be after meeting with the United States Fish and Wildlife Service (USFWS) this year at the Mississippi Flyway Council and after reviewing the preliminary, supplemental, and proposed frameworks contained in 81 Fed. Reg. 38,050-38,057 (June 10, 2016), 81 Fed. Reg. 53,391-53,393 (August 12, 2016) and 82 Fe. Reg. 10,222-10,254 (February 9, 2017). The amendments also ensure that the seasons open on different weekends to maximize hunter opportunity and continue for a fourth year an experimental special September teal season. The continuation of the special teal season will not adversely impact teal numbers and will allow Iowa hunters additional days of recreational hunting opportunity during the peak migration period for teal. The federal regulations will likely authorize up to 16 days for the special teal season. Last year, hunters requested, and the Commission implemented, a two-week period of calm and hunter inactivity between the end of the teal season and the start of the regular duck season. The amendments repeat this period again for the 2017-2018 seasons. The Commission proposes three other changes to Chapter 91 in this rule making. Subrule 91.4(1) is being amended to accurately reflect the posted boundary of a waterfowl refuge located in the Upper Iowa Wildlife Unit. The current subrule states that waterfowl and coot hunting is not allowed within 300 feet of the center of the Army Road from New Albin to the boat ramp on the Mississippi River within sections 11 and 12, but the refuge is actually marked at a distance of 150 feet. This is an editorial change for accuracy and does not change the refuge’s actual boundary. The daily bag limits in Subrule 91.1(5) are adjusted to increase black ducks from one to two and decrease pintails from two to one as allowed by the federal framework. Finally, the Commission is removing all language addressing the old 2016-2017 zone structure. Chapter 97 contains the regulations for dove hunting. The USFWS now allows 90 days of dove hunting, up from 70 days, and the Commission is amending rule 571—97.6(481A) to reflect that change. This 20-day extension is not expected to result in a significant increase in harvest due to federal constraints on the opening date of the dove season, but it will allow hunters the maximum opportunity in season length to harvest doves. Chapter 102 contains the regulations for falconry seasons. USFWS allows duck hunting by falconry during the conventional gun hunting seasons and afterwards, too, in a special “extended” falconry- only season. This special season cannot extend the duck hunting season length beyond 107 days and is calculated as follows: 107 days minus 16 teal days, minus 2 youth days, minus 60 gun days, equals 29 days for exclusive falconry duck hunting. The later duck hunting dates implemented in the 2016-2017 seasons (and proposed again for 2017-2018) resulted in the loss of several days for exclusive falconry hunting because the conventional gun season went until December 18 in one zone and December 15 in another, which is the same day under subrule 102.2(1) that the “extended” falconry season started statewide. This four-day overlap between the gun season and the extended falconry season arguably “wasted” four of the falconry-only days because those falconers were already able to hunt. In other words, removing this overlap in the 2017-2018 seasons will allow for 29 days of exclusive falconry hunting, whereas last year there were only 25 days. Additionally, the Commission is changing the opening date of the extended falconry season from a specific calendar date (December 15) to a rotating weekend opener (i.e., “the first Saturday in January”), which will guarantee an annual weekend start and eliminate the need to amend the rule in the future solely to adjust a specific calendar date. Finally, the Commission updated the falconry regulations to amend the possession limit to three times the daily bag limit, per updated federal regulations, and removed incorrect language regarding the dark goose falconry season. Notice of Intended Action was published in the Iowa Administrative Bulletin on February 15, 2017, as ARC 2937C. The Commission held one formal public meeting on March 7, 2017, and a more informal statewide meeting through the Iowa Communications Network on February 22, 2017. Eight comments were received from the public during the comment period. Six of the comments requested later season dates, with one comment requesting earlier goose hunting dates and one comment opposing the extension of the dove hunting season. The following changes have been made to the Notice of Intended Action: 1. Subrules 91.1(5) have been amended to reduce the pintail bag limit from two to one to comply with federal frameworks established by the USFWS. This bag limit adjustment was not included in the notice because USFWS had not indicated these changes in the preliminary rule proposed in the Federal Register (June 6 2016) or the August 2016 Mississippi Flyway meeting. The reduction in the pintail bag limit was not formally announced until the proposed frameworks were published in the Federal Register on February 9, 2017. After analysis and review of this rule making, it was determined that there will not be an impact on jobs in the state. These amendments are intended to implement Iowa Code sections 481A.38, 481A.39, and 481A.48. The following amendments are adopted. ITEM 1. Amend subrules 91.1(1) to 91.1(5) as follows: 91.1(1) Zone boundaries. The following zone boundaries apply in the time frames noted: a. For the 2016-2017 season, the north duck hunting zone is that part of Iowa north of a line beginning on the South Dakota-Iowa border at Interstate 29, southeast along Interstate 29 to State Highway 175, east to State Highway 37, southeast to State Highway 183, northeast to State Highway 141, east to U.S. Highway 30, and along U.S. Highway 30 to the Iowa-Illinois border. The Missouri River duck hunting zone is that part of Iowa west of Interstate 29 and north of State Highway 175. The south duck hunting zone is the remainder of the state. b. For the 2017-2021 seasons, the The north duck hunting zone is that part of Iowa north of a line beginning on the South Dakota-Iowa border at Interstate 29, southeast along Interstate 29 to State Highway 175, east to State Highway 37, southeast to State Highway 183, northeast to State Highway 141, east to U.S. Highway 30, and along U.S. Highway 30 to the Iowa-Illinois border. The Missouri River duck hunting zone is that part of Iowa west of Interstate 29 and south to the Iowa-Missouri border. The south duck hunting zone is the remainder of the state. 91.1(2) Season dates - north zone. Special September teal season: September 3 2 through September 11 10. For all ducks: September 24 23 through October 2 1 and October 15 14 through December 4 3. 91.1(3) Season dates - south zone. Special September teal season: September 3 2 through September 11 10. For all ducks: October 1 September 30 through October 5 4 and October 22 21 through December 15 14. 91.1(4) Season dates - Missouri River zone. Special September teal season: September 3 2 through September 18 17. For all ducks: October 8 7 and October 9 8 and October 22 21 through December 18 17. 91.1(5) Bag limit. Special September teal season: The daily bag limit is 6 teal of any species. For all ducks: The daily bag limit of ducks is 6, and may include no more than 4 mallards (no more than 2 of which may be females), 1 2 black duck ducks, 3 wood ducks, 2 1 pintails pintail, 1 mottled duck, 2 canvasback, 2 redheads, and 3 scaup. The daily bag limit of mergansers is 5, only 2 of which may be hooded mergansers. ITEM 2. Amend subrules 91.3(1) to 91.3(5) as follows: 91.3(1) Zone boundaries. The following zone boundaries apply in the time frames noted: a. For the 2016-2017 season, the north goose hunting zone is that part of Iowa north of a line beginning on the South Dakota-Iowa border at Interstate 29, southeast along Interstate 29 to State Highway 175, east to State Highway 37, southeast to State Highway 183, northeast to State Highway 141, east to U.S. Highway 30, and along U.S. Highway 30 to the Iowa-Illinois border. The Missouri River goose hunting zone is that part of Iowa west of Interstate 29 and north of State Highway 175. The south goose hunting zone is the remainder of the state. b. For the 2017-2021 seasons, the The north goose hunting zone is that part of Iowa north of a line beginning on the South Dakota-Iowa border at Interstate 29, southeast along Interstate 29 to State Highway 175, east to State Highway 37, southeast to State Highway 183, northeast to State Highway 141, east to U.S. Highway 30, and along U.S. Highway 30 to the Iowa-Illinois border. The Missouri River goose hunting zone is that part of Iowa west of Interstate 29 and south to the Iowa- Missouri border. The south goose hunting zone is the remainder of the state. 91.3(2) Season dates - north zone. Dark geese (Canada geese, white-fronted geese, brant and any other geese that are not light geese): September 24 23 through October 9 8 and October 15 14 through January 4, 2017 1, 2018. Light geese (white and blue-phase snow geese and Ross’ geese): September 24 23 through October 9 8 and October 15 14 through January 13, 2017 10, 2018. 91.3(3) Season dates - south zone. Dark geese (Canada geese, white-fronted geese, brant and any other geese that are not light geese): October 1 September 30 through October 9 8 and October 22 21 through January 18, 2017 15, 2018. Light geese (white and blue-phase snow geese and Ross’ geese): October 1 September 30 through October 9 8 and October 22 21 through January 27, 2017 24, 2018. 91.3(4) Season dates - Missouri River zone. Dark geese (Canada geese, white-fronted geese, brant and any other geese that are not light geese): October 8 7 through October 16 15 and October 22 21 through January 18, 2017 15, 2018. Light geese (white and blue-phase snow geese and Ross’ geese): October 8 7 through October 16 15 and October 22 21 through January 27, 2017 24, 2018. 91.3(5) Bag limit. The daily bag limit for dark geese (Canada geese, white-fronted geese, brant and any other geese that are not light geese) is 5 and may include no more than 2 Canada geese from September 24 23 through October 31 and no more than 3 Canada geese from November 1 through the end of the season. The daily bag limit for light geese (white and blue-phase snow geese and Ross’ geese) is 20. ITEM 3. Amend subrules 91.3(8) to 91.3(11) as follows: 91.3(8) Light goose conservation order season. Only light geese (white and blue-phase snow geese and Ross’ geese) may be taken under a conservation order from the U.S. Fish and Wildlife Service from January 28, 2017 25, 2018, through April 15, 2017 2018. a. to e. No change. 91.3(9) Cedar Rapids/Iowa City goose hunting zone. a. Season dates. September 3 2 through September 11 10. b. to d. No change. 91.3(10) Des Moines goose hunting zone. a. Season dates. September 3 2 through September 11 10. b. to d. No change. 91.3(11) Cedar Falls/Waterloo goose hunting zone. a. Season dates. September 3 2 through September 11 10. b. to d. No change. ITEM 4. Amend subrule 91.4(1) as follows: 91.4(1) Waterfowl and coots. There shall be no open season for ducks, coots and geese on the east and west county road running through sections 21 and 22, township 70 north, range 43 west, Fremont County; three miles of U.S. Highway 30, located on the south section lines of sections 14, 15, and 16, township 78 north, range 45 west, Harrison County; on the county roads immediately adjacent to, or through, Union Slough National Wildlife Refuge, Kossuth County; Louisa County Road X61 from the E-W centerline of section 29, township 74 north, range 2 west, on the south, to the point where it crosses Michael Creek in section 6, township 74 north, range 2 west, on the north, and also all roads through or adjacent to sections 7, 18, and 19 of this same township and roads through or adjacent to sections 12 and 13, township 74 north, range 3 west; the levee protecting the Green Island Wildlife Area from the Mississippi River in Jackson County wherever the levee is on property owned by the United States or the state of Iowa; certain dikes at Otter Creek Marsh, Tama County, where posted as such; and the NE¼, section 23, and the N½, section 24, all in township 70 north, range 19 west, Appanoose County, including county roads immediately adjacent thereto; and all privately owned lands in the S½, section 30, township 71 north, range 20 west, Lucas County, including the county road immediately adjacent thereto; Cerro Gordo County Road S14 and its right- of-way, between its junction with U.S. Highway 18 and County Road B-35, and portions of Clear Lake and Ventura Marsh, where posted as such in Cerro Gordo County; that portion of Summit Lake located south of State Highway 25 in the west half of the NW¼ of section 2 (22 acres), and the west half of section 3 (100 acres), T72N, R31W in Union County; and within 300 150 feet of the center of the Army Road from New Albin to the boat ramp on the Mississippi River in sections 11 and 12, T100N, R4W, and sections 7 and 8, T100N, R3W, as posted. ITEM 5. Amend rule 571—91.6(481A) as follows: 571—91.6(481A) Youth waterfowl hunt. A special youth waterfowl hunt will be held on September 16 and 17 and 18 in the north duck hunting zone, September 23 and 24 and 25 in the south duck hunting zone, and September 30 and October 1 and 2 in the Missouri River duck hunting zone. Youth hunters must be residents of Iowa as defined in Iowa Code section 483A.1A and less than 16 years old. Each youth hunter must be accompanied by an adult 18 years old or older. The youth hunter does not need to have a hunting license or stamps. The adult must have a valid hunting license and habitat stamp if normally required to have them to hunt and a state waterfowl stamp. Only the youth hunter may shoot ducks, geese and coots. The adult may hunt for any other game birds for which the season is open. The daily bag and possession limits are the same as for the regular waterfowl season, as defined in rule 571—91.1(481A). All other hunting regulations in effect for the regular waterfowl season apply to the youth hunt. ITEM 6. Amend rule 571—97.6(481A) as follows: 571—97.6(481A) Dove season. Open season for hunting mourning doves and Eurasian collared- doves shall begin on September 1 and continue for 70 90 consecutive days. Shooting hours shall be from one-half hour before sunrise to sunset each day. Daily bag limit is 15; possession limit is 45. The entire state is open. ITEM 7. Amend rule 571—102.2(481A) as follows: 571—102.2(481A) Migratory bird regulations. Seasons and limits for taking migratory birds by means of falconry shall be as follows: 102.2(1) Ducks and coots. The season for taking ducks and coots statewide by means of falconry may vary among duck hunting zones. Falconry seasons for ducks and coots shall be open whenever the conventional (gun) duck and coot hunting season is open in each zone, as described in rules 571—91.1(481A) and 571—91.2(481A), and shall also be open beginning December 15 the first Saturday in January in each zone and remain open until the combined total of the conventional hunting season days plus falconry hunting season days reaches 107 for the zone or February 28, whichever occurs first. 102.2(2) Geese. The season for taking geese by means of falconry may vary among goose hunting zones. Falconry seasons for white-fronted geese and light geese (white and blue-phase snow geese and Ross’ geese) shall begin each year on the first day of the conventional (gun) hunting season for these geese in each zone, as described in rule 571—91.3(481A), and continue in each zone for 107 consecutive days. Falconry seasons for Canada geese and brant shall be open concurrently with the conventional (gun) hunting season for these geese as well as any days between the first, second, or third segments of the conventional (gun) hunting season for Canada geese and brant. 102.2(3) No change. 102.2(4) Hawking hours and limits. Hawking hours for migratory game birds are one-half hour before sunrise to sunset. The daily bag limit shall include no more than three migratory game birds, singly or in aggregate. The possession limit is twice three times the daily bag limit. There are no hawking hour restrictions for nonmigratory game during the legal season.

Iowa Department of Natural Resources Natural Resource Commission #8

Decision Item

ALJ Proposed Decision Review (DIA No. 17DNR020) – In the matter of Michael O’Hearn

This matter comes before the Natural Resource Commission (“Commission”) for review of a Proposed Decision issued by an Administrative Law Judge (“ALJ”) of the Iowa Department of Inspections and Appeals in case number 17DNR020 – In the matter of Michael O’Hearn. Mr. O’Hearn filed a timely appeal of the ALJ’s Proposed Decision. The matter is now before the Commission for final agency action.

On May 11, 2016, Mr. O’Hearn was convicted in Page County District Court of 11 counts of violating Iowa Code 481A.92 (failure to check traps). These convictions carried a total of 11 points under the multiple offender points system established at 571 IAC 15.16. The administrative rules provide that the accumulation of 11 multiple offender points within a three year period requires a two year license suspension. Additionally, Iowa Code 482.1(2) “e” authorizes the suspension of a commercial turtle license for up to one year if the licensee is convicted of violating any provision of Iowa Code Chapter 481A. On August 29, 2016, the Department notified Mr. O’Hearn of its intent to suspend his furharvester privileges for a period of two years and his commercial turtle privileges for a period of one year, and he requested a hearing on the matter. The hearing took place with an ALJ on February 15, 2017.

On February 17, 2017, the ALJ issued a Proposed Decision affirming the Department’s action. The ALJ found that the Department scored Mr. O’Hearn’s convictions correctly and that the two year furharvester suspension was required under the multiple offender rules. The ALJ also found that the one year suspension of Mr. O’Hearn’s commercial turtle license was authorized by law and was reasonable in light of the facts of the case.

Mr. O’Hearn is now appealing the ALJ’s Proposed Decision to the Commission.

The Department requests that the Commission affirm the ALJ’s Proposed Decision. The Department has taken no action against Mr. O’Hearn’s licenses during the pendency of his hearing and his subsequent appeal.

The Commission is being presented with the Proposed Decision of the ALJ and documents related to Mr. O’Hearn’s appeal for review. The Commission may reverse, in whole or in part, or uphold the ALJ’s proposed decision by vote or no action, which constitutes final agency action.

The parties should be allowed oral arguments pursuant to rule 561 I.A.C. 7.17(5)(e).

John Crotty, Attorney DNR Legal Services Bureau April 13, 2017

Attachments: ALJ’s Proposed Decision; Michael O’Hearn’s Appeal of Proposed Decision; DNR’s Exhibits A-C; O’Hearn Hearing Brief, and O’Hearn’s Exhibits A-K (G=audio file provided separately)

Iowa Department of Inspections and Appeals Division of Administrative Hearings Wallace State Office Building Des Moines, Iowa 50319 ______

IN THE MATTER OF MICHAEL O’HEARN, DOCKET NO. 17DNR020

PROPOSED DECISION

This matter came on for hearing at the Wallace State Office Building before Administrative Law Judge David Lindgren on February 15, 2017, following an appeal by Michael O’Hearn from a decision of the Iowa Department of Natural Resources (Department) suspending and revoking his furharvester licenses for a period of two years and his commercial turtle license for one year. Attorney John Crotty appeared on behalf of the Department along with the Department’s witness, Conservation Officer Aron Arthur. The appellant was present for the hearing along with his attorney, Kevin Fors.

On behalf of the department, as part of this appeal Mr. Crotty filed a Petition setting forth the department’s rationale for and authority to suspend O’Hearn’s furharvester and commercial turtle privileges. By stipulation, Department’s Exhibits A‐C were admitted into the record as were O’Hearn’s Exhibits A‐K. During the hearing, O’Hearn’s Exhibits L, M and N were ruled irrelevant and inadmissible, but were allowed to remain in the file as an offer of proof.

FINDINGS OF FACT

Michael O’Hearn has been convicted of eleven crimes involving the Iowa fish and game laws. Specifically, on December 11, 2014 he was cited for “traps prohibited method, fail to check” in violation of Iowa Code section 481A.92. He was convicted of these charges on May 11, 2016.

2

These convictions were reported by the Page County Clerk of Court to the Department of Natural Resources. Aron Arthur, a Conservation Officer whose job duties include administering the Department’s suspension and revocation actions, reviewed the convictions. Officer Arthur concluded that, pursuant to DNR rules, Mr. O’Hearn should be considered a multiple offender. Officer Arther had no knowledge of the facts underlying these convictions. He had not talked to the conservation officer who issued the citations and was unaware of the state of the relationship between that officer, or any other DNR employee, and Mr. O’Hearn. His office is totally separate from the office that investigated and prosecuted O’Hearn.

Pursuant to the Department’s rules, Officer Arthur assigned one point for each of the convictions. Based on those eleven total points, Officer Arthur concluded that O’Hearn’s furharvester privileges should be revoked and suspended for two years. He also decided that O’Hearn’s commercial turtle license should be suspended and revoked for one year.

According to Officer Arther, while it was not mandatory that he suspend O’Hearn’s commercial turtle privileges, he chose to do so for a few reasons: first, he believed holders of commercial privileges should be held to a higher standard because they are using the State’s natural resources for profit purposes; second, eleven total convictions is a significant number; and third, the Code specifically allows for it. This appears to have been the first time the Department has suspended a person’s commercial privileges in this fashion and under this authority. Officer Arthur had just discovered the authority to do it in the Code, and he does not believe his predecessors were ever aware of it.

O’Hearn appealed this decision and a hearing was held on February 15, 2017. In general, O’Hearn believes DNR has unfairly and maliciously singled him out. He believes DNR is trying to take away his ability and right to make a living because the Conservation Officer that charged him, Deborah Howe, is angry that he was acquitted on several State and Federal charges.

O’Hearn and his wife, Cindy, make their livelihood off the land. O’Hearn is a beekeeper, turtle trapper, and fur trapper. Cindy helps with these pursuits and raises the children. They raise their own food and animals.

In 2014, DNR began investigating the O’Hearns and conducted a search of their home pursuant to a warrant. Officers seized 1000 traps that belonged both to Michael O’Hearn and his son. This seizure impacted his ability to run his trapping business the following season. In total, O’Hearn was charged with 32 state charges and a federal 3

indictment was levied against him. He went to trial on the federal charges and was found not guilty. He also went to trial on the state charges and was found guilty on only 11 counts. His wife and daughter were also charged, but those charges were dismissed following Michael’s trial.

CONCLUSIONS OF LAW

Iowa Code section 481A.134 requires the Department of Natural Resources to “establish rules . . . providing for the suspension or revocation of licenses issued by the department.” This statue further requires the department, for purposes of determining when to suspend or revoke a license issued by the department, to adopt a point system “for the purpose of weighing the seriousness of violations of the provisions [chapter 481A] or chapter 481B, 482, 483A, 484A, or 484B, or of committing trespass as defined in section 716.7 while hunting deer, other than farm deer as defined in section 170.1 or preserve whitetail as defined in section 484C.1.”

The department has adopted rules to effectuate the legislative intent as expressed in section 481A.134. In particular, the department has provided for the revocation and suspension of hunting, fishing, and trapping privileges from those persons who are determined to be “multiple offenders.” 571 Iowa Administrative Code (IAC) 15.16. “Multiple offender” means any person who has equaled or exceeded five points for convictions in Iowa Code chapters 481A, 481B, 482, 483A, 484A, 484B, and 716 during a consecutive three‐year period as provided in 15.16(3). “Revocation” means the taking or cancellation of an existing license, while “suspension” means to bar or exclude one from applying for or acquiring licenses for future seasons. 571 IAC 15.16(1).

As part of this regulatory scheme, the department has assigned point values to particular criminal convictions. 571 IAC 15.16(3). The rules further provide that multiple citations and convictions of the same offense will be added as separate convictions. 571 IAC 15.16(3).

In particular, the department has determined that convictions of the following offenses shall have a point value of three attached to them:

(1) Illegal sale of birds, game, fish, or bait. (2) More than the possession or bag limit for any species of game or fish. (3) Hunting, trapping, or fishing during the closed season. (4) Hunting by artificial light. (5) Hunting from aircraft, snowmobiles, all‐terrain vehicles or motor vehicle. (6) Any violation involving threatened or endangered species. 4

(7) Any violations of Iowa Code chapter 482, except sections 482.6 and 482.14. (8) Any violation of nonresident license requirements. (9) No fur dealer license (resident or nonresident). (10) Illegal taking or possession of protected nongame species. (11) The unlawful taking of any fish, game, or fur‐bearing animal. (12) Illegal taking, possession, or transporting of a raptor. (13) Hunting, fishing, or trapping while under license suspension or revocation. (14) Illegal removal of fish, minnows, frogs, or other aquatic wildlife from a state fish hatchery. (15) Any fur dealer violations except failure to submit a timely annual report. (16) Any resident or nonresident making false claims to obtain a license. (17) Illegal taking or possession of hen pheasant. (18) Applying for or acquiring a license while under suspension or revocation. (19) For a repeat offense of acquiring a hunting license without hunter safety certification. (20) Taking game from the wild—see Iowa Code section 481A.61. (21) Violation of Iowa Code sections 483A.27(7) and 483A.27A. (22) Any violation of Iowa Code section 716.8 while hunting deer.

571 IAC 15.16(3)(a).

The department has further determined that convictions of the following offenses shall have a point value of two attached to them:

(1) Hunting, fishing, or trapping on a refuge. (2) Illegal possession of fur, fish, or game. (3) Chasing wildlife from or disturbing dens. (4) Trapping within 200 yards of an occupied building or private drive. (5) Possession of undersized or oversized fish. (6) Snagging of game fish. (7) Shooting within 200 yards of occupied building or feedlot. (8) No valid resident license relating to deer, turkey, or paddlefish. (9) Illegal importation of fur, fish, or game. (10) Failure to exhibit catch to an officer. (11) Trapping or poisoning game birds, or poisoning game animals. (12) Violations pertaining to private fish hatcheries and aquaculture. (13) Violations of the fur dealers reporting requirements. (14) Violation of Iowa Code section 481A.126 pertaining to taxidermy. (15) Loaded gun in a vehicle. (16) Attempting to unlawfully take any fish, game, or fur‐bearing animals. 5

(17) Attempting to take game before or after legal shooting hours. (18) Wanton waste of fish, game or fur‐bearing animals. (19) Illegal discharge of a firearm pursuant to Iowa Code section 481A.54. (20) Any violation of Iowa Code section 482.14 pertaining to commercial fishing. (21) Failure to tag deer, turkey, or paddlefish. (22) Applying for or obtaining more than the legal number of licenses allowed for deer or turkey. (23) Illegal transportation of game, fish or furbearers. (24) Violation of Iowa Code section 483A.27, except subsection (7).

571 IAC 15.16(3)(b).

Finally, the department has determined that all other convictions of provisions in Iowa Code chapters 481A, 481B, 482, 483A, 484A, and 484B shall have a point value of one attached to them. 571 IAC 15.16(3)(c).

The term of the license suspension or revocation shall be determined by the total points accumulated during any consecutive three‐year period, according to the following: 5 points through 8 points is one year, 9 points through 12 points is two years, and 13 points or over is three years. 571 IAC 15.16(4). Points may be accumulated even where there is a suspended or deferred sentence. 571 IAC 15.16(5). The suspension or revocation shall be effective upon failure of the person to request a hearing within 30 days of the notice or upon issuance of an order affirming the department’s intent to suspend or revoke the license after the hearing. 571 IAC 15.16(7).

Because the convictions for failing to check his traps are not specifically set forth in subsections (a) or (b) above, the Department correctly considered them to be worth one point. 571 IAC 15.16(3)(c). Having concluded O’Hearn has accumulated eleven total points, I must further conclude that the department correctly revoked and suspended his furharvester license. The violations in question here involved fur trapping. It was thus appropriate for the Department to take action against this particular privilege.

The Iowa Administrative Code provides for a two‐year suspension/revocation when any person has accumulated eleven points over a three year period. 571 IAC 15.16(4)(a). The length of this particular sanction is therefore affirmed. Neither the Iowa Code nor the Iowa Administrative Code provides the undersigned with any discretion to enter a lesser sanction based on the particular circumstances of any individual’s situation. The sanction is mandatory. Furthermore, because the rules provide that multiple citations and convictions of the same offense will be added as separate convictions, I reject O’Hearn’s request to “merge” them. See 571 IAC 15.16(3). 6

The next question presented concerns the suspension and revocation of O’Hearn’s commercial turtle privileges. While it appears based on the language of the administrative rule that he could have done so, Officer Arthur did not suspend and revoke this privilege under the authority of 571 IAC 15.16. Rather, he looked to the commercial fishing provisions of the Iowa Code, located in chapter 4821. Iowa Code section 482.1(2)(e) provides that the Natural Resource Commission may “revoke the license of a licensee for up to one year if the licensee has been convicted of a violation of chapter 481A, 482, or 483A.”

The use of the word ʺmayʺ in the statute, of course, confers some degree of discretion. See Iowa Code section 4.1(30). When asked what factors went into his discretionary decision to sanction O’Hearn’s commercial turtle privileges, Officer Arthur noted the following: first, he believed holders of commercial privileges should be held to a higher standard because they are using the State’s natural resources for profit purposes; second, eleven total convictions is a significant number; and third, the Code specifically allows for it. Moreover, under the terms of this provision, it only takes a single conviction to invoke the department’s ability to suspend a licensee’s commercial privileges. Here, O’Hearn was convicted of eleven separate offenses under chapter 481A. Officer Arthur’s reasons are reasonable and entitled to weight. While the fact that the department apparently has never invoked this section is interesting, it does not mean that any discretion was abused. This sanction must also be affirmed.

DECISION

The Department’s decision to revoke and suspend O’Hearn’s furharvester and commercial turtle privileges is AFFIRMED.

DATED THIS 17th DAY OF FEBRUARY, 2017.

David Lindgren Administrative Law Judge

1 Commercial turtle privileges are provided for the commercial fishing chapter. 7

CC: John Crotty – DNR (via email) Kevin Fors ‐ Attorney

ADMINISTRATIVE RULE 561‐7.17 (5) (a) (1) TIME ALLOWED TO APPEAL OF DECISION; Appeal and review. Any adversely affected party may appeal a proposed decision. Except as provided otherwise by another provision of law, all rulings by an administrative law judge acting as presiding officer are subject to appeal to the agency. The agency having jurisdiction shall review the proposed decision.

a. Time allowed. (1) Appeal by party. An appeal by a party shall be made to the agency having jurisdiction of the proceeding and shall be taken within 30 days after receipt of the proposed decision or order.

Iowa Department of Natural Resources Natural Resource Commission

* #9 (*indicates proposed consent)

Decision Item

Contract with Matthew McQuillen - IHAP ______Commission approval is requested for a contract with Matthew McQuillen, Anamosa, IA.

Contract Terms Amount: not to exceed $29,290.20 Dates: April 14, 2017 – August 30, 2017 Funding Source(s): Voluntary Public Access Grant – Iowa Habitat Access Program

Contract Purpose: Complete tasks to establish 71.21 acres of native pollinator grassland habitat, 2 acres of shrub planting, 7.16 acres of firebreak, and establishment mowing for the Iowa Habitat Access Program.

Landowner and Property Description: Matthew McQuillen; owns an 85-acre property in Section 22, T83N, R1W, Jones County, Iowa, that has been enrolled in the Iowa Habitat and Access Program (IHAP).

IHAP Agreement Dates and Access: November 1, 2016 until May 31, 2027; the property will be open to public access for hunting from September 1, 2017 – May 31, 2027.

Land Management Tasks: The Wildlife Management Plan for this property has identified the need for 71.21 acres of native pollinator grassland habitat, 2 acres of shrub planting, and a 7.16 acres of firebreak on the property.

% of Reimbursement to DNR by Landowner: Approximately 50%

Source of Landowner’s Reimbursement to DNR: The acres that require a native pollinator seeding is also enrolled in the USDA Conservation Reserve Program (CRP) CP42 Pollinator practice. The landowner has agreed to remit his CRP cost-share from contracts associated with this work.

Selection Process Summary: Contracting with Matthew McQuillen is authorized under 11 IAC 105.4(5) and 106.7. Contract cost was determined using standard rates developed for practices used in the IHAP program. The work will be completed as identified in the Comprehensive Wildlife Management Plan.

Chris Ensminger, Acting Wildlife Bureau Chief Conservation and Recreation Division April 13, 2017

Iowa Department of Natural Resources Natural Resource Commission * #10 (*indicates proposed consent)

Decision Item

Contract with Custom Seeding and Habitat - IHAP ______Commission approval is requested for a contract with Custom Seeding and Habitat, Humboldt, IA.

Contract Terms Amount: not to exceed $45,652.00 Dates: April 14, 2017 – August 30, 2017 Funding Source(s): Voluntary Public Access Grant – Iowa Habitat Access Program

Contract Purpose: Complete tasks to establish 101 acres of native pollinator grassland habitat for the Iowa Habitat Access Program.

Landowner and Property Description: Wayne and Betty Steward; own a 132-acre property in Section 30 of Spring Township, Cherokee County, Iowa, that has been enrolled in the Iowa Habitat and Access Program (IHAP).

IHAP Agreement Dates and Access: December 2, 2016 until May 31, 2027; the property will be open to public access for hunting from September 1, 2017 – May 31, 2027.

Land Management Tasks: The Wildlife Management Plan for this property has identified the need for 101 acres of native pollinator grassland habitat on the property.

% of Reimbursement to DNR by Landowner: Approximately 50%

Source of Landowner’s Reimbursement to DNR: The acres that require a native pollinator seeding is also enrolled in the USDA Conservation Reserve Program (CRP) CP42 Pollinator practice. The landowner has agreed to remit his CRP cost-share from contracts associated with this work.

Selection Process Summary: The Department solicited quotes from targeted small businesses and also published an Informal Request for Quotes on the Department of Administrative Services website. The RFQ was also shared with many local contractors who have completed this type of work for the Department in the past or have expressed interest in completing this type of work for the Department in the future.

 Quotes Due Date: March 15, 2017  Quotes Reviewed: 1  Recommendation: Custom Seeding and Habitat

Chris Ensminger, Acting Wildlife Bureau Chief Conservation and Recreation Division April 13, 2017

Iowa Department of Natural Resources Natural Resource Commission

* #11 (*indicates proposed consent)

Decision Item

Contract with LeSueur River Seeding and Conservation, LLC. Guyer - IHAP ______Commission approval is requested for a contract with LeSueur River Seeding and Conservation, LLC, Waseca, MN.

Contract Terms Amount: not to exceed $45,350.00 Dates: April 14, 2017 – August 30, 2017 Funding Source(s): Voluntary Public Access Grant – Iowa Habitat Access Program

Contract Purpose: Complete tasks to establish 126.08 acres of native pollinator grassland habitat and a 14.35 acre firebreak to aid in long-term maintenance of the native grassland for the Iowa Habitat Access Program.

Landowner and Property Description: Russell Guyer; owns an 172-acre property in Section 24, T95N, R9W, Fayette County, Iowa, that has been enrolled in the Iowa Habitat and Access Program (IHAP).

IHAP Agreement Dates and Access: November 1, 2016 until May 31, 2027; the property will be open to public access for hunting from September 1, 2017 – May 31, 2027.

Land Management Tasks: The Wildlife Management Plan for this property has identified the need for 126.08 acres of native pollinator grassland habitat and a 14.35 acres of firebreak on the property.

% of Reimbursement to DNR by Landowner: Approximately 50%

Source of Landowner’s Reimbursement to DNR: The acres that require a native pollinator seeding is also enrolled in the USDA Conservation Reserve Program (CRP) CP42 Pollinator practice. The landowner has agreed to remit his CRP cost-share from contracts associated with this work.

Selection Process Summary: The Department solicited proposals from targeted small businesses and also published a formal Request for Proposal (RFP) on the Department of Administrative Services website. The RFP was also shared with many local contractors who have completed this type of work for the Department in the past or have expressed interest in completing this type of work for the Department in the future. Proposals are scored on technical criteria and cost.  Proposal Due Date: 3/23/17  Review and Selection Committee: A committee of 3 reviewed the proposal.  Proposals Reviewed: 1  Recommendation: LeSueur River Seeding and Conservation, LLC.

Chris Ensminger, Acting Wildlife Bureau Chief Conservation and Recreation Division April 13, 2017

Iowa Department of Natural Resources Natural Resource Commission

# 12

Decision Item

Naming of the Loess Hills Visitor Center to the Brent S. Olson Memorial Visitor Center ______As outlined in the Department’s Donation and Recognition Policy, it is noted that when facilities are being named, that the Commission review and approve the naming. Commission approval is requested to name the visitor center at the Loess Hills State Forest after the late Brent S. Olson, DNR Forester.

Brent S. Olson, 53, died on December 2nd, 2016, after serving as the Area Forester for the Loess Hills State Forest for 25 years. Brent attended Iowa State University, graduating with a B.S. degree in Forestry in 1987. He was a pioneer at the Loess Hills State Forest and is known for doubling the size of the forest in this career to its current 11,600 acres. Brent spent his career building relationships with neighboring landowners and conservation agencies. He introduced fire as a tool to manage the fragile ecosystems at the Loess Hills State Forest, and burned over 2,000 acres each year. He was an active member of numerous professional organizations including The Society of American Foresters, through which he became a Certified Forester and received the Presidential Field Forester Award in 2012. He was a husband and father who also was an active member of his community, serving in numerous capacities including the school board and coaching multiple sports.

The name Brent S. Olson is synonymous with the Loess Hills State Forest. In order to honor Brent’s memory and his dedication to Iowa’s natural resources, the Forestry Bureau would like to name the visitor center at the Loess Hills State Forest the Brent S. Olson Memorial Visitor Center.

Paul Tauke, Wildlife Bureau Chief Conservation and Recreation Division April 13, 2017 Iowa Department of Natural Resources Natural Resource Commission #13

Decision Item

Contract with Des Moines Water Works ______Commission approval is requested for an intergovernmental agreement with Des Moines Water Works (DMWW), which will result in a prototype hybrid fishing, boating access, habitat streambank restoration project.

Contract Terms Amount: $100,000 Dates: April 15, 2017 to Oct. 31, 2018 DNR shall have the option to extend this Contract for up to six years from the beginning date of the original contract by executing a signed amendment prior to the expiration of this contract. Funding Source(s): Marine Fuel Tax

Contract Purpose: DNR River Programs will partner with the Des Moines Water Works to design and construct a hybrid access that will serve fishing, boating, aquatic habitat, and streambank stability needs on the Raccoon River. Approximately 500 feet of eroding streambank will also be restored and made more accessible as part of the project. In the heart of Iowa’s largest urban area, the project is strategically located to facilitate rental businesses operations on the Raccoon River, exposing more anglers, boaters, paddlers, and inner-tubers to river activities.

In January 2015, the NRC approved a contract with the Des Moines Metropolitan Planning Organization for a metro-area water trail master plan serving the city, county, and state water trail systems. That plan was completed in December 2016 and this is the inaugural project for that plan.

For this project, the DNR will provide project design services; permit submittals; a final budget estimate; and construction drawings and documents. DNR shall reimburse DMWW up to $100,000 after the project is constructed. The DMWW will provide design review, bidding, and contracting; inspection services; and $200,000 construction cost-share (which was raised by the Des Moines Water Works Park Foundation). Any overages beyond the cost estimate are the sole responsibility of DMWW.

Selection Process Summary: DNR enters into this intergovernmental agreement based on statutory authority provided in Iowa Code chapter 464.A.11.

Travis Baker, Land and Waters Bureau Chief Conservation and Recreation Division April 13, 2017 Iowa Department of Natural Resources Natural Resource Commission #14

Decision Item

Chapter 30 - Waters Cost-Share and Grant Programs, Water Trail Development Grant Recommendations The Commission is requested to approve the following grant recommendations pursuant to Chapter 30, Waters Cost-share and Grant Programs.

Grant Purpose: Under Chapter 30, the purpose of the Water Trails Development Grant is to offer cost-share funds to water trails infrastructure projects, such as, water accesses, parking areas, restrooms, and paddlecraft campsites. Eligible applicants include any local divisions of Iowa government.

Funding Source(s): Rebuild Iowa Infrastructure Fund (RIIF)

Grant Funding Available: Funding available for this grant cycle is $225,000

Summary of Selection Process: The grant review and selection committee met on March 23, 2017, to evaluate and score applications and to provide recommendations for the grant awards. A minimum 50 percent cost- share is required from the applicant.

Selection Committee Members: The review and selection committee consisted of five members:  Citizen stakeholders (2)  DNR Staff (3)

Recommendations: The committee recommends funding to the top 3 ranked projects. If the recommended projects decline the funding, the Department requests authority to offer those funds to the next ranked projects that meet the grant criteria or return the funds to the grant program for distribution in the next grant cycle.

DEVELOPMENT GRANT Ranked Grant Grant Recommended by Project Description Amount Applicant Award Score Requested This project will improve two water accesses on the Skunk River Water Trail. At Peterson Access a new concrete launch will be constructed at the correct angle to the river and the parking lot will be regraded in order to capture stormwater Story County runoff. Two handicapped parking stalls and 91.2 $22,414 $22,414 Conservation signage will also be installed. At Askew Bridge Access, a new concrete launch will be constructed at the correct angle to the river. A small parking lot will be added with one handicapped parking stall; the parking lot will capture stormwater runoff.

This project on the South Skunk River Water Trail at North River Valley Park will convert a low head dam to a series of rapids, mitigating an existing hazard and allowing for whitewater recreation, 90.8 City of Ames $120,000 $120,000 improved access for anglers, fish habitat, and fish passage. The project includes improving accesses above and below the rapids and shortening the portage distance around the rapids by 250 feet. This project will enhance the existing whitewater park at Manchester by constructing the following: a new carry-down access upstream of the whitewater park for flatwater paddlers to exit at City of a safe distance above the whitewater park; 84.6 $150,000 $82,586 Manchester accessible platform that allows mobility impaired anglers access to the river’s edge; more seating areas for spectators; and amenities, such as, a shelter area, a kiosk, restrooms with showers, and a larger, improved parking lot. The Boone Water Works Loop Drive/Parking Project moves the existing parking lot to higher ground (out of the floodplain) and extends the existing boat ramp to that new parking lot. The 59.2 City of Boone parking lot surface will change from gravel to $91,000 -0- concrete, and a paved ADA trail will also connect the parking area to the boat ramp at water’s edge. Handicapped stalls will also be constructed as part of the new parking lot. DEVELOPMENT GRANT TOTALS $383,414 $225,000

Travis Baker, Land and Waters Bureau Conservation and Recreation Division April 13, 2017

Iowa Department of Natural Resources Natural Resource Commission

#15

Decision Item

Public Land Acquisition Projects ______1. Big Marsh Wildlife Management Area, Butler County – Iowa Natural Heritage Foundation The Natural Resource Commission’s approval is requested to purchase a tract of land located in Butler County at Big Marsh Wildlife Management Area.

Seller: Iowa Natural Heritage Foundation Acreage: 267 DNR Purchase Price: $291,401 Appraised Value: $291,401

Property Description: This property consists of two noncontiguous tracts of 23 acres and 244 acres located just south and east of Dumont in west central Butler County. The level tracts are entirely grassland with a moderate growth of trees. The 244-acre tract is bisected by Hartgrave Creek. The entire property is enrolled in the Wetlands Reserve Program. There are no building improvements. Access to the property is provided by two county roads as well as Highway 3.

Purpose: This acquisition will provide for wetland improvements for enhanced water quality upstream from the greater Big Marsh area as well as for seeding to native grasses and forbs for nesting habitat. Current habitats favor Wood turtles, Blandings turtles, and grassland birds. The property will provide public access to hunting and other outdoor recreation opportunities.

DNR Property Manager: Wildlife Bureau Funding Source(s): $201,401 REAP License Plate, $90,000 Federal NAWCA Incidental Costs: Incidental closing costs will be the responsibility of the Department.

2. Big Marsh Wildlife Management Area, Butler County – Iowa Natural Heritage Foundation The Natural Resource Commission’s approval is requested to purchase a tract of land located in Butler County at Big Marsh Wildlife Management Area (WMA).

Seller: Iowa Natural Heritage Foundation Acreage: 376 DNR Purchase Price: $384,200 Appraised Value: $403,337

Property Description: This property is a large contiguous tract located just southeast of Dumont in west central Butler County. The level tract is enrolled into the Wetlands Reserve Program. The property is positioned at the confluence of Hartgrave Creek and West Fork Cedar River, with a private levee running along the east boundary. There are no building improvements. Access to the property is provided by a paved, county road along the west, and Highway 3 along the north.

Purpose: This acquisition represents a tract already extremely attractive to waterfowl, shorebirds, and a number of waterbird species during spring migration. The property has the capacity to be managed to provide three large wetland zones to support seasonal to semi-permanent wetland habitat supporting wet meadow, sedges and wet prairie plants. The property will provide public access to hunting and other outdoor recreation opportunities.

DNR Property Manager: Wildlife Bureau Funding Source(s): $206,200 REAP Open Spaces, $118,000 Federal NAWCA, $60,000 REAP License Plate Incidental Costs: This property will remain on the tax rolls. Incidental closing costs will be the responsibility of the Department.

3. Heritage Hills Wildlife Management Area, Madison County – Iowa Natural Heritage Foundation The Natural Resource Commission’s approval is requested to purchase a tract of land located in Madison County adjacent to Heritage Hills Wildlife Management Area.

Seller: Iowa Natural Heritage Foundation Acreage: 174 DNR Purchase Price: $630,000 Appraised Value: $630,000

Property Description: This property is located 12 miles south of Winterset in extreme south central Madison County. The rolling tract consists of 105 acres of timber and grassland, 57 acres of cropland, and 12 acres enrolled in the Conservation Reserve Program. Clanton Creek bisects the property. There are no building improvements. A county road provides access along the west boundary from the north.

Purpose: Plans for the property are to enhance 30 acres of remnant tallgrass prairie and to plant and additional 45 acres for a total 75 acres tallgrass prairie. This grassland will be intermixed with 78 acres of forest land. The tract will provide excellent hunting opportunities for upland game, deer and turkey within an hour’s drive of Des Moines.

DNR Property Manager: Wildlife Bureau Funding Source(s): Federal Pittman-Robertson Incidental Costs: Incidental closing costs will be the responsibility of the Department.

Travis Baker, Land & Waters Bureau Chief Conservation and Recreation Division April 13, 2017 Lyon

Osceola

Dickinson

Allamakee

Winnebago Kossuth

Emmet Howard

Mitchell

Winneshiek

Worth

Sioux

Obrien

Palo Alto

Clay

Hancock

Cerro Gordo

Chickasaw

Floyd

Fayette

Clayton

Cherokee

Plymouth

Buena Vista

Wright

Butler

Franklin

Pocahontas Humboldt

Bremer

REALTY SERVICES / Butler Co. / Big Marsh WMA / INHFI

INHF Tract

Big Marsh WMA

Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community

INHF Tract 0 1,350 2,700 5,400 8,100 10,800 Feet E Public Land

Webster

Dubuque Black Hawk

Delaware

Buchanan

Woodbury

Ida

Sac

Calhoun

Hamilton

Grundy

Hardin

Jones

Benton

Linn

Tama

Monona

Crawford

Carroll

Greene

Marshall Boone

Story

Cedar

Harrison

Audubon

Shelby

Johnson

Guthrie

Iowa

Dallas Polk

Poweshiek Jasper

Muscatine

Pottawattamie

Cass

Warren Adair

Keokuk Madison

Mahaska

Marion

Washington

Louisa

Mills

Montgomery

Adams Jefferson

Union Henry Clarke

Wapello

Lucas

Monroe

Des Moines

Fremont

Page

Taylor

Ringgold

Davis

Decatur

Van Buren

Wayne

Appanoose

Lee Lyon

Osceola

Dickinson

Allamakee

Winnebago Kossuth

Emmet Howard

Mitchell

Winneshiek

Worth

Sioux

Obrien

Palo Alto

Clay

Hancock

Cerro Gordo

Chickasaw

Floyd

Fayette

Clayton

Cherokee

Plymouth

Buena Vista

Wright

Butler

Franklin

Pocahontas Humboldt

Bremer

REALTY SERVICES / Butler Co. / Big Marsh WMA / INHF

INHF Tract

Big Marsh WMA

Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community

INHF Tract 0 1,050 2,100 4,200 6,300 8,400 Feet E Public Land

Webster

Black Hawk

Delaware

Buchanan

Woodbury

Ida

Sac

Calhoun

Hamilton

Grundy

Hardin

Benton

Linn

Tama

Monona

Crawford

Carroll

Greene

Marshall Boone

Story

Harrison

Audubon

Shelby

Johnson

Guthrie

Iowa

Dallas Polk

Poweshiek Jasper

Pottawattamie

Cass

Warren Adair

Keokuk Madison

Mahaska

Marion

Washington

Mills

Montgomery

Adams Jefferson

Union Henry Clarke

Wapello

Lucas

Monroe

Fremont

Page

Taylor

Ringgold

Davis

Decatur

Van Buren

Wayne

Appanoose

Lee Lyon

Osceola

Dickinson

Winnebago

Kossuth

Emmet

Worth

Sioux

Obrien

Palo Alto

Clay

Hancock

Cerro Gordo

Cherokee

Plymouth

Buena Vista

Wright

Franklin

Pocahontas Humboldt

Webster

Woodbury

Ida

Sac

Calhoun

Hamilton

Hardin

Monona

Crawford

Carroll

Greene

Marshall

Boone

Story

Harrison

Audubon

Shelby

Guthrie

Dallas Polk

Jasper

Pottawattamie

Cass

Warren Adair

Madison

Marion

REALTY SERVICES / Madison Co. / Heritage Hills WMA / INHF

INHF Tract

Heritage Hills WMA

Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community

INHF Tract 0 700 1,400 2,800 4,200 5,600 Feet E Public Land

Mills

Montgomery

Adams

Union Clarke

Lucas

Fremont

Page

Taylor

Ringgold

Decatur

Wayne Iowa Department of Natural Resources Natural Resource Commission

#16 (*indicates proposed consent item)

Decision Item

Public Land Management Projects ______* 1. Chapter 18 Lease – Alter Trading Corporation – Scott County The Natural Resource Commission is requested to approve the renewal of Chapter 18 lease 69-R with Alter Trading Company

Location: A parcel 670 feet long by 200 feet wide with a 150 foot long by 35 foot wide appendage located in Section 24, Township 77 North, Range 2 East, Scott County, Iowa, adjacent to property owned by the tenant at 6725 S. Concord Street, Davenport, Iowa.

Site Purpose: The lease area is to be occupied by a crane barge used to off-load products from other barges and an office barge moored to the existing sea wall.

Lease History: The location has been under lease since 1987.

Lease Fee and Term: The annual fee is $10,549.58 with a condition that the fee may be adjusted to comply with adopted administrative rule changes that affect lease fees. The term of the lease will be five years.

2. Management Agreement – Willow Creek Wildlife Management Area -- Greene County Board of Supervisors The Natural Resource Commission is requested to approve a management agreement with the Greene County Board of Supervisors.

Location: Willow Creek Wildlife Management Area, Greene County, Iowa

Site Purpose: The purpose of the agreement is to transfer care and maintenance of the 200 acre Willow Creek Wildlife Management Area to the DNR. The area will be managed for the citizens of the State of Iowa as a wildlife management area in the same manner as the state-owned adjacent 160 acres acquired in June of 2016.

Management History: This will be a new area under DNR management. Management Agreement Term: The term of this agreement is 25 years.

* 3. Management Agreement – Falls Access Area – Black Hawk County Conservation Board The Natural Resource Commission is requested to approve a management agreement with the Black Hawk County Conservation Board.

Location: Falls Access Area, Black Hawk County, Iowa

Site Purpose: The purpose of the agreement is to transfer care and maintenance of the 309 acre Falls Access Area to the Black Hawk County Conservation Board. The area will be managed for the citizens of the State of Iowa in substantially the same manner as other state owned access areas.

Management History: This area has been managed by Black Hawk County Conservation Board since 1992. Management Agreement Term: The term of this agreement is 25 years.

*4. Management Agreement – McFarlane Park – Black Hawk County Conservation Board The Natural Resource Commission is requested to approve a management agreement with the Black Hawk County Conservation Board.

Location: McFarlane Park, Black Hawk County, Iowa

Site Purpose: The purpose of the agreement is to transfer care and maintenance of the 75 acre McFarlane Park to the Black Hawk County Conservation Board. The area will be managed for the citizens of the State of Iowa in substantially the same manner as other state owned access areas.

Management History: This area has been managed by Black Hawk County Conservation Board since 1991. Management Agreement Term: The term of this agreement is 25 years.

* 5. Transfer of Jurisdiction – Big Mill Creek Wildlife Management Area – Department of Public Safety – Jackson County The Natural Resource Commission is requested to approve a transfer of jurisdiction with the Iowa Department of Public Safety.

Location: Big Mill Creek Wildlife Management Area, Jackson County, Iowa

Purpose: The State of Iowa currently has a contract in place to upgrade the Iowa State Interoperable Communications System (ISICS). The system is used by law enforcement and emergency personnel, including the DNR, for radio communications. As part of the project, a 415’ self-support tower will be located on a portion of Big Mill Creek WMA. The site of the tower is 95 foot by 75 foot, located adjacent to the parking lot on the south side of the wildlife management area. Transferring jurisdiction of the 0.16 acre site will remove any questions about the liability and responsibility for the tower.

Travis Baker, Land and Waters Bureau Conservation and Recreation Division April 13, 2017 Iowa Department of Natural Resources Natural Resource Commission #17

Information Item

Construction - Small Projects

The following Engineering managed projects have been let utilizing the Competitive Quotation process for projects $100,000 or less: Bid Date Project Location County Summary Cost Bids No. Estimate 2/20/17 16-06-70- Fairport Muscatine Replace a deteriorated $10,000 $9,250.00 03 Fisheries valve with a 12” Eco Valve; Fisheries includes all necessary excavation, concrete encasement, compaction and restoration. 2/23/17 17-06-57- Palisades Linn Repair a washout at a $8,000 $5,157.80 05 Kepler culvert outletting into the $5,810.00 Parks State Cedar River by placing $5,914.00 Park approximately 96 tons of $6,047.50 Class A Revetment on 70 $6,530.00 SY of engineering fabric. $6,569.80 $6,600.00 $6,680.00 $7,980.00 $8,584.40 $8,642.57 $9,190.00 $9,830.00 2/23/17 17-01-30- Gull Dickinson Remove the existing steel $40,000 $37,916.00 06 LE Point siding and roof and trim $43,288.00 State along with the existing $62,026.00 Park roof insulation; install new steel siding and roof, associated trim, and a new steel walk door for an existing 50’x87’ cold storage facility. 3/2/17 16-01-30- Trappers Dickinson Install a pre-cast concrete $35,500 $39,145.00 13 Bay State pit vault restroom building $42,744.99 Parks Park adjacent to the parking lot $46,750.00 at Trappers Bay State Park. $46,970.00 Work includes excavation, $47,405.00 installation of a stone base, setting the restroom structure, construction of a PCC sidewalk from the building to the parking lot, and finish grading/seeding. 3/2/17 17-05-04- Honey Appanoose Boat bumpers will be $44,750 $46,000.00 07 Creek replaced on the marina $96,825.00 Parks Resort dock and the wood behind the bumpers will be replaced. Also, ten roller bumpers will be installed. 3/2/17 16-03-17- Clear Cerro Gordo Excavate, furnish, and $34,000 $38,420.00 07 Lake install a pre-cast concrete $39,966.14 Parks State pit vault toilet, minor $45,000.00 Park grading, and seed $45,595.00 disturbed areas. $50,144.32 3/2/17 17-03-33- Volga Fayette Remove and dispose of the $10,500 $8,750.00 02 River SRA existing 38'x16' trail bridge $9,600.00 Parks decking; replace deck with $9,695.00 DNR furnished deck plank; $17,499.00 repair deteriorated pile; $37,721.00 and replace a portion of $39,700.00 backwall plank. 3/2/17 16-04-78- Lake Pottawattam Clearing and grubbing of $21,500 $20,002.00 02 Manawa ie trees in advance of the $25,950.00 Parks State planned day use area $27,500.00 Park construction project. $28,829.07 $29,630.00 $32,000.00 3/9/17 16-04-30- Dugout Dickinson Create a new wetland pool $53,200 $31,906.20 04 Creek County area. Work includes tree $56,552.00 Wildlife WPA clearing, earthfill (dike $58,405.00 construction), excavation $66,531.75 (spillway and channels), tile investigation, tile breaks, tile/pipe installation (multiple sizes), and a water control structure. 3/16/17 15-03-96- Upper Winneshiek Remove and replace $32,000 $27,794.55 02 Iowa concrete boat ramp (430 $28,301.13 Parks Wildlife SY) and concrete $32,306.75 Unit maneuvering area (530SY). $40,996.76

Travis Baker, Land & Waters Bureau Chief Conservation and Recreation Division April 13, 2017 Iowa Department of Natural Resources Natural Resource Commission #18

Decision Item

Construction Projects

1. Apple Jack Marsh, Wetland Improvements – Dickinson County The Department requests Commission approval of the following construction project:

Project Summary: The Apple Jack Marsh is part of the much larger Welsh Lake wetland complex, in Dickinson County, which is a critical sediment and nutrient removal system for the watershed that enters the far north end of West Lake Okoboji. Apple Jack Marsh is a naturally occurring wetland that specifically filters about 26,000 acres of water and is an extremely important component of the system.

Naturally occurring wetlands do not need maintenance, per se; however, as with our naturally occurring lakes and rivers, they are constantly evolving. Over time, the natural evolution of this system would cause the wetland to fill in and eventually become a meandered stream. The reason that the DNR wants to remove material from the Marsh is to slow its transition to the next stage of evolution, thus prolonging its water filtration benefits to West Lake Okoboji. In addition to providing habitat to Rock Fish Barrier various plant and animal species, this marsh acts as a first line of defense against pollutants entering the lake. General watershed practices include educating the public about soil erosion, subsidizing stormwater treatment practices, and NPDES permits. Incoming Water Diversion Channel

The design of this project addresses these issues by excavating sediment from the basin and rerouting the incoming water to better filter through the system. The excavated sediment will remain on the site and will be stabilized with permanent vegetation, increasing the variations in elevation and improving habitat diversity. A rough fish barrier will also be added during construction to further improve water quality and isolate the breeding area.

Construction Needed: Approximately four acres along the edges of the existing marsh will be deepened with shallow water wetland excavation. A new channel for incoming water from the upstream structure will also be constructed to force water to the top end of the wetland and stop the water from shortcutting the basin. Finally, a rock type rough fish barrier will be installed across the outlet of the marsh to prevent rough fish from entering the marsh and breeding.

Engineering Project #: 16-01-30-15 Cost Estimate: $72,500 Operating Bureau: Wildlife Funding Source: 100% Lakes Restoration Plans Issue Date: 2/26/2017 Bid Letting Date: 3/09/2017 Construction Completion Date: 11/3/2017 Number of Bids Received: 2

Bidders Diamond Concrete & Construction Spirit Lake, IA $80,815.00 Valley Contracting, Inc. Estherville, IA $120,252.00

Upon Engineering’s review of bids, IDNR recommends awarding the contract to Diamond Concrete & Construction.

2. Ahquabi State Park, Boat Storage Building - Warren County The Department requests Commission approval of the following construction project:

Project Summary: The focal point of Lake Ahquabi State Park is its 115 acre artificial lake. The lake has two boat ramps, a concessionaire, fishing house, and a large beach. Adjacent to the lake is a 115 site campground with modern restrooms and a dump station. There are three day-use shelters as well as a CCC stone lodge.

Project Summary: The DNR Law Enforcement Bureau is in need of storage for their water patrol boats, trailers, and related equipment. In partnership, DNR’s State Parks and Law Enforcement Bureaus are coordinating efforts to identify where storage areas can be incorporated into existing facilities to be able to better serve multiple counties. Currently, for this area, Law Enforcement is having to store their watercraft in northwestern Polk County near Big Creek State Park/Olofson Shooting Range.

This project consists of constructing a three bay building at Ahquabi Lake State Park. This would provide storage for the patrol boats, trailers, buoys, buoy chains and anchors, maintenance supplies and tools, and general boating supplies, as well as a work area to maintain equipment. These patrol boats will mainly serve Polk and Warren Counties. With the boat storage area being in the vicinity of their patrol area, if there is a water emergency, officers will be able to access the stored boats to respond more expeditiously. The proposed storage building will have 10' overhead doors, LED lighting and electrical power. Electrical work will also include upgrading the buildings at Ahquabi State Park’s storage and office area.

Construction Needed: Construction includes minor grading to the existing site, erection of a new pole building with steel roofing and siding. Also, four existing buildings will receive upgraded electrical service lines. Green features include LED lighting.

Engineering Project #: 16-05-04-04 Cost Estimate: $141,520.00 Operating Bureau: Parks Funding Source: 82% Marine Fuel Tax & 18% REAP Land Management Plans Issue Date: 3/1/2017 Bid Letting Date: 3/23/2017 Construction Completion Date: 9/01/2017 Number of Bids Received: 3

Bidders Hymbaugh Construction Creston, IA $89,000.00 Haworth Land Construction Indianola, IA $129,550.00 Ball Team, LLC Urbandale, IA $152,500.00

Upon Engineering’s review of bids, IDNR recommends awarding the contract to Hymbaugh Construction.

3. Honey Creek Resort State Park, Wave Attenuator Extension – Appanoose County The Department requests Commission approval of the following construction project:

Project Summary: Honey Creek Resort is located on the shore of Lake Rathbun, an Army Corps flood control impoundment. The main building opened in 2008, and houses a full service hotel, complete with a restaurant, event center, and indoor waterpark. Additionally, there are 28 four- season cabins and campground with 20 full hookup sites. Day-use facilities include an 18-hole golf course, a picnic shelter, a boat ramp, and a marina.

At the marina, floating wave attenuators reduce damaging wave action for floating docks and vessels moored within. Floating wave attenuators can be equated to a seawall made of rock or concrete, which is meant to protect a harbor from waves or storm surge, giving the harbor quiet waters. In 2015, a floating wave attenuator system was installed on either side of the boat docks at the resort. Although this system improved the water conditions at the existing dock, additional protection is needed. This project proposes to extend the existing south wave attenuator by 80 feet, increasing the protection to the gangway. The size of the north wave attenuator has proved to be sufficient.

Construction Needed: Procure and install four 20’ long sections of floating wave attenuator, which consist of a constructed steel frame, with floats, underwater hanging concrete baffles, retroreflective delineators, and solar powered warning lights. The new sections will be connected to the existing system, and will have additional anchors installed.

Engineering Project #: 17-05-04-04 Cost Estimate: $80,000.00 Operating Bureau: Parks Funding Source: MFT % Plans Issue Date: 3/1/2017 Bid Letting Date: 3/23/2017 Construction Completion Date: 9/30/2017 Number of Bids Received: 1

Bidders Marine Development, Inc. Eufaula, OK $85,026.00

Upon Engineering’s review of bids, IDNR recommends awarding the contract to Marine Development, Inc.

4. McIntosh Woods State Park, Boat Ramp Replacement - Cerro Gordo County The Department requests Commission approval of the following construction project:

Project Summary: McIntosh State Park is a popular day-use area and campground located on the west end of Clear Lake. The park has a reservable picnic shelter, a 49 site campground, two reservable yurts, and a beach. The boat ramp located in the park is one of the major boating access points on the lake, with 58 hard surfaced car and trailer parking spaces.

The existing boat ramp has three 14’ wide lanes, and was constructed in 1984. All three ramps as well as the associated maneuvering area is badly cracked and in need of replacement. This project will remove the existing concrete ramps and maneuvering area, and replace it with a new granular base and new concrete.

Construction Needed: Remove the existing concrete ramps and maneuvering area, and place it with a new granular base and new concrete.

Engineering Project #: 16-03-17-06 Cost Estimate: $66,000 Operating Bureau: Parks Funding Source: Marine Fuel Tax 100% Plans Issue Date: 3/4/2017 Bid Letting Date: 3/16/2017 Construction Completion Date: 5/19/2017 Number of Bids Received: 1

Bidders Larson Contracting Central, LLC Lake Mills, IA $66,192.50

Upon Engineering’s review of bids, IDNR recommends awarding the contract to Larson Contracting Central, LLC.

5. Bellevue State Park, Vault Restroom Building Replacement - Jackson Co., Iowa The Department requests Commission approval of the following construction project:

Project Summary: Bellevue State Park’s Dyas Unit campground is located near the Mississippi River, about three miles south of the town of Bellevue. The campground consists of 46 spaces, modern restrooms, and an RV dump station. In 2014, the park had over 7000 camping guest days.

An existing flush restroom building is located near a boat ramp on the Mississippi River and gets frequent use by boaters. The proposed double vault restroom building will replace the non- working restroom building.

The double vault restroom building was selected over a flush restroom building due to difficulties in routing and treating the effluent. The proposed restroom will have two paved parking spaces, one being ADA, and an access sidewalk.

Construction Needed: Construction includes demolishing the existing restoom and installing a new precast concrete pit vault. A concrete parking area and sidewalk will also be constructed in order to make this facility ADA compliant. Green features include LED lighting.

Engineering Project #: 14-06-49-01 Cost Estimate: $60,009.60 Operating Bureau: Parks Department Funding Source: 50% Marine Fuel Tax, 50% Federal-Boat Safety (Coast Guard) Plans Issue Date: 03/01/2017 Bid Letting Date: 03/23/2017 Construction Completion Date: 10/30/2017 Number of Bids Received: 1

Bidders Payne and Associates, Inc Clinton, IA $62,383.80

Upon Engineering’s review of bids, IDNR recommends awarding the contract to Payne and Associates, Inc.

6. City of Boone Water Works, Loop Drive and Parking Project Phase 1 of 2 - Boone County The Department requests Commission approval of the following construction project:

Project Summary: In June 2016, the NRC approved an agreement between the DNR and the City of Boone to renovate a heavily used access on the Des Moines River Water Trail. The access is located at the Boone Waterworks site and is used in excess of its capacity by both public boaters and local liveries. The new access will allow for easy maintenance as well as create parking sufficient for the influx of traffic visible after the Boone Waterworks dam was mitigated with a rock arch rapids. This will enhance Iowa DNR’s ability to serve the public with safe, clean access for anglers, local liveries and public recreation seekers. The project would occur in 2 phases. Phase 1 is for the DNR to design, bid, and contract a concrete staging loop road to the existing boat ramp. In Phase 2, the City will construct a new, larger parking lot to accommodate substantial traffic flow through the area and an accessible walking path to the access point.

The design and bidding have occurred and this project is Phase 1 of the construction. The current access is located in a low floodplain alongside the Des Moines River. The gravel road and parking area are frequently flooded, making it difficult for the City of Boone to maintain a usable access point for the public. By installing a hard surfaced parking area, patrons will be able to park on a firm surface sooner after a rain or flood event, and the ease of removing deposited sediment will be improved.

Construction Needed: The existing gravel and dirt access will be graded and paved with concrete. ADA access will be provided to the existing ramp through this project as well as a rigging area. The existing boat ramp is in serviceable shape and will not need to be replaced. The proposed grading, delineated driving and parking areas, and permanent seeding will help stabilize this section of river bank and reduce bank erosion.

Engineering Project #: 16-02-08-05 Cost Estimate: $116,880.00 Operating Bureau: DNR Rivers Program Funding Source: Marine Fuel Tax 100% Plans Issue Date: 03/01/2017 Bid Letting Date: 03/23/2017 Construction Completion Date: 10/30/2017 Number of Bids Received: 14

Bidders Cerebral Group, LLC Des Moines, IA $122,762.00 TK Concrete, Inc Pella, IA $134,203.00 Hymbaugh Construction Creston, IA $135,440.00 Jensen Builders LTD Des Moines, IA $145,428.15 Weidner Construction, Inc Marshalltown, IA $145,847.40 Kingston Services PC Des Moines, IA $147,518.50 Cameron Mitchell Inc Des Moines, IA $148,125.00 Absolute Concrete Construction, Inc Slater, IA $149,543.65 Majors Concrete Co Boone, IA $166,372.32 Con-Struct, Inc Ames, IA $167,861.45 JAS Construction LLC Altoona, IA $170,038.38 Speck USA Des Moines, IA $178,971.50 Godberson-Smith Construction Co,Inc Ida Grove, IA $188,403.50 Howrey Construction Rockwell City, IA $209,954.25

Upon Engineering’s review of bids, IDNR recommends awarding the contract to Cerebral Group, LLC.

Travis Baker, Land & Waters Bureau Chief Conservation and Recreation Division April 13, 2017