Natural Resource Commission Meeting Summary Thursday, October 14, 2010 9:00am NRC public meeting will begin at: Henry Wallace State Office Building 4th Floor Conference Rooms 502 E. 9th Street Des Moines, IA 50319 10:30am (approximately) – Public Participation

1 Approve Agenda 2 Approve Minutes of 9/9/10 meeting and 9/23/10 teleconference 3 Interim Director Remarks 4 Honey Creek Destination Resort State Park – Monthly Update 5 Consent Agenda (*within agenda indicates proposed consent agenda item) * Cass County – = Trail Completion * Ducks Unlimited Marsh – Clay Co. – Nelson/Doneskey * Ducks Unlimited Marsh – Clay Co. – Conlon * Spring Branch Creek – Delaware Co. – Tibbott * NOIA for Chapter 14 – Concessions * Final Rule for Chapter 61 – State Parks and Recreation Areas * Notice of Termination – Chapter 65 – Fireworks Displays * Wapsipinicon County Club Clubhouse Restoration Contract * Final Rule for Chapter 101—Falconry Regulations * Final Rule: Chapter 102—Falconry Hunting Regulations 6 Construction Items 6.1 Dickinson County – Hales Slough – Estes WRP Decision APPROVED as Presented *6.2 Cass County – Lake Anita State Park – Trail Completion Decision APPROVED by Consent 6.3 Palo Alto County – Lost Island Lake – Fish Barriers and Decision APPROVED as Water Control Structures Presented 7 Professional Services Contracts – Delivery Order Approval 7.1 Mini-Wakan State Park and Lake Macbride State Park Decision APPROVED as design delivery orders Presented 7.2 Big Springs Hatchery Building Design Decision APPROVED as Presented 8 Small Construction Project Contracts Information N/A 9 Land Management Projects 9.1 Pine Ridge Recreation Area – Hardin County – Hardin CCB Decision APPROVED as Presented 10 Land Acquisition Projects 10.1 Clear Creek Wildlife Management Area – Allamakee Co. – Decision APPROVED as Goldmann Presented *10.2 Ducks Unlimited Marsh – Clay Co. – Nelson/Doneskey Decision APPROVED by Consent

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*10.3 Ducks Unlimited Marsh – Clay Co. – Conlon Decision APPROVED by Consent 10.4 Spring Branch Creek – Delaware Co. – Tibbott Decision APPROVED as Presented 11 Francis Lee Pool WMA – Keokuk Co. - Land Exchange Proposal Information N/A 12 NOIA for Chapter 14 – Concessions Decision TABLED *13 Final Rule for Chapter 61 – State Parks and Recreation Areas Decision APPROVED by Consent *14 Notice of Termination – Chapter 65 – Fireworks Displays Decision APPROVED by Consent 15 Wapsipinicon Country Club Clubhouse Restoration Contract Decision APPROVED as Presented 16 Palisades Kepler State Park Access Encroachment Information N/A *17 Final Rule for Chapter 101—Falconry Regulations Decision APPROVED by Consent *18 Final Rule: Chapter 102—Falconry Hunting Regulations Decision APPROVED by Consent 19 Hardwood Timber Sale Stephens State Forest Decision APPROVED as Presented 20 Hardwood Timber Sale Stephens State Forest Decision APPROVED as Presented 21 Hardwood Timber Sale Decision APPROVED as Presented 22 Decorah Fish Hatchery Interpretive Center Information N/A 23 REAP County Conservation Board Grants Decision APPROVED as Presented 24 REAP City Parks and Open Space Grants Decision APPROVED as Presented 25 REAP Private Public Cost-share Grants – September 2010 Decision APPROVED as Presented 26 Natural Resource Based Business Opportunities Grant Program Decision APPROVED as Presented 27 Donations Decision APPROVED as Presented 28 2011 NRC Meeting Dates and Locations Decision APPROVED as Amended General Discussion • Lead Action Plan Update Upcoming NRC Meeting Dates: • 11/10/10 – Henry Wallace State Office Building, Polk County • 12/9/10 – Henry Wallace State Office Building, Polk County

For details on the NRC meeting schedule, visit http://www.iowadnr.gov/nrc/. 1 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.

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MINUTES

OF THE

NATURAL RESOURCES COMMISSION

MEETING

OCTOBER 14, 2010

HELD AT: DEPARTMENT OF NATURAL RESOURCES HENRY WALLACE STATE OFFICE BUILDING 502 EAST 9TH STREET DES MOINES, IA 50319

TABLE OF CONTENTS

Call to Order ...... 1

Commissioners Present ...... 1

Commissioners Absent ...... 1

Public Participation ...... 1

1. Approval of Agenda ...... 1 APPROVED AS AMENDED ...... 1

2. Approval of Minutes from September 9, 2010 and September 23, 2010 ...... 1 APPROVED AS AMENDED ...... 1

3. Interim Director Remarks ...... 2 INFORMATIONAL ONLY ...... 2

4. Honey Creek Destination Resort State Park – Monthly Update ...... 2 INFORMATIONAL ONLY ...... 3

5. Consent Agenda (*indicates proposed consent agenda item) ...... 3 APPROVED AS AMENDED ...... 3

6. Construction Projects ...... 4

6.1 Dickinson County – Hales Slough – Estes WRP ...... 4 APPROVED AS PRESENTED ...... 4

*6.2 Cass County – Lake Anita State Park – Trail Completion ...... 4 APPROVED BY GENERAL CONSENSUS ...... 5

6.3 Palo Alto County – Lost Island Lake – Fish Barriers and Water Control Structures ...... 5 APPROVED AS PRESENTED ...... 6

7. Professional Services Contracts – Delivery Order Approval ...... 6

7.1 Mini-Wakan State Park and Lake Macbride State Park design delivery orders ...... 6 APPROVED AS PRESENTED ...... 7

7.2 Big Springs Hatchery Building Design...... 8 APPROVED AS PRESENTED ...... 8

8. Small Construction Project Contracts ...... 9 INFORMATIONAL ONLY ...... 9 9. Land Management Projects ...... 9

9.1 Pine Ridge Recreation Area – Hardin County – Hardin CCB ...... 9 APPROVED AS PRESENTED ...... 10

10. Land Acquisition Projects ...... 11

10.1 Clear Creek Wildlife Management Area – Allamakee Co. – Goldmann ...... 11 APPROVED AS PRESENTED ...... 11

*10.2 Ducks Unlimited Marsh – Clay Co. – Nelson/Doneskey ...... 12 APPROVED BY GENERAL CONSENSUS ...... 12

*10.3 Ducks Unlimited Marsh – Clay Co. – Conlon ...... 12 APPROVED BY GENERAL CONSENSUS ...... 12

10.4 Spring Branch Creek – Delaware Co. – Tibbott ...... 13 APPROVED AS PRESENTED ...... 13

11. Francis Lee Pool WMA – Keokuk Co. - Land Exchange Proposal ...... 14 INFORMATIONAL ONLY ...... 14

12. NOIA for Chapter 14 – Concessions ...... 14 ITEM TABLED ...... 20

*13. Final Rule for Chapter 61 – State Parks and Recreation Areas ...... 20 APPROVED BY GENERAL CONSENSUS ...... 22

*14. Notice of Termination – Chapter 65 – Fireworks Displays ...... 22 APPROVED BY GENERAL CONSENSUS ...... 22

15. Wapsipinicon Country Club Clubhouse Restoration Contract ...... 23 APPROVED AS PRESENTED ...... 23

16. Palisades Kepler State Park Access Encroachment ...... 24 INFORMATIONAL ONLY ...... 24

*17. Final Rule for Chapter 101—Falconry Regulations ...... 25 Adopted and Filed ...... 25 APPROVED BY GENERAL CONSENSUS ...... 30

*18. Final Rule: Chapter 102—Falconry Hunting Regulations...... 31 Adopted and Filed ...... 31 APPROVED BY GENERAL CONSENSUS ...... 32

19. Hardwood Timber Sale Stephens State Forest ...... 32 APPROVED AS PRESENTED ...... 37

20. Hardwood Timber Sale Stephens State Forest ...... 37 APPROVED AS PRESENTED ...... 42

21. Hardwood Timber Sale Shimek State Forest ...... 43 APPROVED AS PRESENTED ...... 49

22. Decorah Fish Hatchery Interpretive Center ...... 49 INFORMATIONAL ONLY ...... 50

23. REAP County Conservation Board Grants ...... 50 APPROVED AS PRESENTED ...... 51

24. REAP City Parks and Open Space Grants ...... 51 APPROVED AS PRESENTED ...... 53

25. REAP Private Public Cost-share Grants – September 2010 ...... 54 APPROVED AS PRESENTED ...... 54

26. Natural Resource Based Business Opportunities Grant Program ...... 54 APPROVED AS PRESENTED ...... 56

27. Donations ...... 57 APPROVED AS PRESENTED ...... 57

28. 2011 NRC Meeting Dates and Locations ...... 58 APPROVED AS AMENDED ...... 58

General Discussion ...... 59 INFORMATIONAL ONLY ...... 60

Items for Future Meetings: ...... 60

Upcoming NRC Meeting Dates: ...... 60

Adjournment ...... 60 APPROVED – MEETING ADJOURNED ...... 60

October 14, 2010 Natural Resources Commission Minutes

MEETING MINUTES

CALL TO ORDER The meeting of the Natural Resource Commission was called to order by the NRC Chairperson, Gregory Drees on October 14, 2010 at 9:00 a.m. He thanked DNR staff for the previous day’s informational tour of Big Creek State Park and surrounding area. He then welcomed the public to the meeting and reviewed the public speaking forum guidelines.

COMMISSIONERS PRESENT Gregory Drees, Chairperson Elizabeth Garst Tammi Kircher, Vice-Chairperson Dennis Schemmel Margo Underwood Janelle Rettig

COMMISSIONERS ABSENT Richard (Kim) Francisco, Secretary

PUBLIC PARTICIPATION • Wes Hardin, Hardin County Conservation Board • Bill Schmidt, Hardin County Conservation Board

1. APPROVAL OF AGENDA

Motion – Commissioner Kircher moved to approve the agenda with the exception of pulling items 10.4 and 12 from the consent agenda and handling as part of the regular agenda. Commissioner Underwood added she would also like item 15 removed from the consent agenda and for it to also be handled as part of the normal agenda. Seconded – Commissioner Rettig Decision – Approved as Amended by Unanimous Vote

APPROVED AS AMENDED

2. APPROVAL OF MINUTES FROM SEPTEMBER 9, 2010 AND SEPTEMBER 23, 2010

Motion – Commissioner Underwood motioned to approved as amended with corrections. Seconded – Commissioner Kircher Decision – Approved as Amended by Unanimous Vote

APPROVED AS AMENDED

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3. INTERIM DIRECTOR REMARKS ¾ Electronic Licensing System (ELSI II) Training Survey Update ¾ Negotiations with contractor TSP o Still ongoing o Need closed session to discuss detail o Possible November update ¾ Letter from Hardwood Manufactures Association about the DNR Forestry Bureau Chief Paul Tauke ¾ Delhi Dam Update o The department continues to hold Environmental Sub-Committee Meetings of the Lake Delhi Task Force. The sub-committee is working to assess and report on the environmental impacts including out of compliance wastewater and drinking water systems, dam regulations and structural assessment, aquatic habitat, stream channel conditions and public safety/recreation. o The department is currently working to stabilize two areas in the former lakebed of Lake Delhi. At the area directly downstream of county road bridge, a temporary rock riffle is being constructed to intercept the approaching head cut that cut two miles upstream from the dam, releasing more than 200,000 cubic yards of silt to date. At the dam breach area, a sheet pile structure is being shored up with an additional rock riffle which will also create a small silt detention basin, tangles of rebar are being removed from the water, and banks are being stabilized. ¾ Desjardin Renewable Project “Renewables: Live” o Renewable Energy Projects will be done at: Lewis & Clark, EB Lyons Nature Center, Nine Eagles, Lake Darling, and Honey Creek Resort o Funding: ƒ Chris Desjardin Memorial $236,000 ƒ Office of Energy Independence $544,000 ƒ Department of Natural Resources $304,000

INFORMATIONAL ONLY

4. HONEY CREEK DESTINATION RESORT STATE PARK – MONTHLY UPDATE ¾ Interim Director Boddy introduced Geoff Baekey, Senior Vice-President with Capital Hotel Management (CHM) the contracted Asset Manager for Honey Creek Destination Resort State Park (HCR). Mr. Baekey gave a brief synopsis of CHM’s background and experience in the hotel management industry.

¾ Geoff Baekey along with Andy Woodrick, HCR General Manager and Linda Caird both with Central Group Management (CGM) reviewed with the commission the resorts financials ending August 31, 2010, September 30, 2010, as well the 90 day forecast.

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¾ Geoff Baekey then reviewed with the commission some of the strategic initiatives that CHM and CGM would be working together on: o Fine tuning reporting and accounting practices o Work with management to develop and implement creative sales, marketing, and public relations plan as well as action steps and target dates to invigorate 2011 performance. o Work with management to develop and implement a strategy to flex hotel operations during winter/low season to minimize losses. o Redefine competitive set to consider comparable properties, demand segments and pricing. o Develop a capital plan for both planned and emergency expenditures. o Assess HCR amenity potential in an effort to improve NOI.

INFORMATIONAL ONLY

5. CONSENT AGENDA (*INDICATES PROPOSED CONSENT AGENDA ITEM) * Item 6.2 – Cass County – Lake Anita State Park = Trail Completion * Item 10.2 – Ducks Unlimited Marsh – Clay Co. – Nelson/Doneskey * Item 10.3 – Ducks Unlimited Marsh – Clay Co. – Conlon * Item 10.4 – Spring Branch Creek – Delaware Co. – Tibbott * Item 12 – NOIA for Chapter 14 – Concessions * Item 13 – Final Rule for Chapter 61 – State Parks and Recreation Areas * Item 14 – Notice of Termination – Chapter 65 – Fireworks Displays * Item 15 – Wapsipinicon County Club Clubhouse Restoration Contract * Item 17 – Final Rule for Chapter 101—Falconry Regulations * Item 18 – Final Rule: Chapter 102—Falconry Hunting Regulations

Motion – Commissioner Kircher moved to approve the agenda with the exception of pulling items 10.4 and 12 from the consent agenda and handling as part of the regular agenda. Commissioner Underwood added she would also like item 15 removed from the consent agenda and for it to also be handled as part of the normal agenda. Seconded – Commissioner Rettig Decision – Approved as Amended by Unanimous Vote

APPROVED AS AMENDED

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6. CONSTRUCTION PROJECTS

6.1 DICKINSON COUNTY – HALES SLOUGH – ESTES WRP This project is designed to add additional wetland elements to Estes Tract of the Hales Slough Wetland Complex in Dickinson County. Work under this project includes excavations, earth fill (dike construction), tile breaks, tile installation (multiple sizes), a water control structure, a toewall structure, and seeding. The Hales Slough Wetland Complex is located just east of Spirit Lake and is an accumulation of several properties that are restored wetlands. The Estes Tract is one of these properties. However, this tract does not drain through Hales Slough but is rather part of a 500+ acre watershed that drains directly to Spirit Lake. This tract of land is currently the only water quality/conservation project within this watershed. Estes was first restored in 2007 and currently contains 3 wetland pools. This project will, through use of an obtained easement, redirect two tiles from an adjacent property to surface outlet on existing DNR property. With the increased hydrology of these tiles a dike will be constructed under this contract to add another 6 Acre pool to the property.

DNR Wildlife & Real Estate staff worked with the adjacent property owner to obtain the easement to work on their property. Drainage district approval for the project has also been obtained. This project was designed by Dave Rolf, and will be inspected by Jeff Felts, PE, DNR District Inspector. DNR estimate is $61,000. Funding source is Federal NRCS (Capital Link #31). 6 sets of plans were issued and no bids were received.

DNR Engineering negotiated the following bid:

Valley Contracting Inc. Estherville, IA $64,468.50

The DNR staff recommends awarding the project to Valley Contracting Inc.

Motion – Commissioner Kircher Seconded – Commissioner Schemmel Decision – Approved by Unanimous Vote

APPROVED AS PRESENTED

*6.2 CASS COUNTY – LAKE ANITA STATE PARK – TRAIL COMPLETION Work in phase 1 of this project consists of clearing and grubbing, earthwork, placement of rock, culverts and signs. Work in phase 2 consists of shaping previously laid rock and paving the section. Project consists of phases 1 and 2 of the overall plan set. Work in phase 1 consists of clearing and grubbing, 3900 CY of earthwork, placement of 1246 tons of rock, placement of culverts and signs, and seeding and mulching. Work in phase 2 consists of blading and shaping of previously laid sub-grade, paving over a mile of trail, and placement of 682 tons of rock as trail shoulders.

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This project was designed by Ken Jackson and will be inspected by Mark Johnson, DNR District Inspector. DNR estimate is $250,000. Funding source is I-JOBS-2. (Capital Link #202) 9 sets of plans were issued and 4 bids were received.

Carley Construction LLC Treynor, IA $280,263.00 Precision Concrete Services Inc. Atlantic, IA $284,993.24 Absolute Concrete Construction Inc. Slater, IA $437,928.90 TK Concrete Inc. Pella, IA $469,156.00

The DNR staff recommends awarding the project to the low bidder, Carley Construction LLC.

APPROVED BY GENERAL CONSENSUS

6.3 PALO ALTO COUNTY – LOST ISLAND LAKE – FISH BARRIERS AND WATER CONTROL STRUCTURES This project was designed by Ducks Unlimited, in cooperation with the Iowa DNR, and consists of the restoration of several sites surrounding Lost Island Lake and incidental work as required by the Plans and/or the DNR Construction Inspector. The design will allow more control of water quality within the lake and better opportunities for anglers.

This project will be inspected by Ducks Unlimited and Jeff Felts, PE, DNR District Inspector. DU current estimate is $760,000, including the latest addendum to the project. Funding source is Special Appropriation (Capital Link #88) and Other funds. The other funds are made up of WERB (Watershed Enhancement Review Board) and local funds. 5 sets of plans were issued and no bids were received.

It is the desire of the State and the DNR to have this high profile project under construction this fall. With no bids received, the DNR staff solicited five Iowa construction firms to seek interest and proposals to complete the work. All of these firms have experience with Ducks Unlimited and this type of work. None of the firms solicited were interested in providing proposals or could not meet the construction timeline proposed. The DNR then solicited a Minnesota firm recommended by DU and has successfully negotiated a fee. Landwehr Construction. Inc. has agreed to a negotiated price of $787,000.00. They have the ability to complete the project as planned, including construction of two of the structures this fall.

Landwehr Construction, Inc. St. Cloud, MN $787,000.00

The DNR staff recommends awarding the project to Landwehr Construction, Inc.

Motion – Commissioner Underwood Seconded – Commissioner Garst Discussion – Commissioner Underwood asked about the amount and source of local funding and if it would be possible to rebid for just two structures. Commissioner Rettig commented that she felt by not dividing the project into smaller pieces it excluded smaller local contractors from

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bidding on any part of the work. Don Labate, Engineering Bureau Chief explained they had solicited five Iowa firms that had expressed interest in the project but that none ended up bidding on the project. Mike McGhee and George Antoniou, Fisheries explained the financial advantages of doing the project as a whole and not breaking it up into smaller individual projects. Decision – Roll Call Vote Commissioner Drees – Aye Commissioner Garst – Aye Commissioner Kircher – Aye Commissioner Schemmel – Aye Commissioner Underwood – Aye Commissioner Rettig – Nay

APPROVED AS PRESENTED

7. PROFESSIONAL SERVICES CONTRACTS – DELIVERY ORDER APPROVAL

7.1 MINI-WAKAN STATE PARK AND LAKE MACBRIDE STATE PARK DESIGN DELIVERY ORDERS Mini-Wakan

The Department has negotiated a delivery order under a master contract with Substance Architecture to provide design services for the remodeling and restoration of the shelter house at Mini-Wakan State Park. Substance Architecture is a local firm that was approved as a DNR architctural consultant in a master contract by the NRC in January of 2010.

This historic structure dates to the CCC era of 1934 and was built adjacent to Spirit Lake in Dickinson County. The building is presently an open air type structure with the doors and windows missing. The roof and floor slab are in serious need of repair. Exterior stone is starting to deteriorate.

Under this delivery order the design will address roof and floor slab replacement as well as enclosing the structure with new doors and windows. The electrical wiring and service will be updated to supplement the addition of mechanical heating & cooling. Within the confines of the building a galley kitchen will be added and a storage closet for tables and chairs. All proposed upgrades to the building will attempt to respect the original architectural character as much as possible.

An adjacent restroom building will be designed with a male, female, and unisex restroom. The male and female restrooms are intended for seasonal use with running water, connection to existing sanitary sewer on site, and have ADA accessibility. The unisex restroom is intended for year round use and will incorporate a composting or similar toilet. This adjacent building will also have a covered outdoor space for picnic tables. As with the shelter house, the design of this adjacent building will be sympathetic to the original CCC era style.

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The IDNR has established a construction budget of $700,000 for this project. Design services to be provided by Substance Architecture include architectural, structural, electrical, and mechanical engineering. Substance Architecture will design, prepare construction documents, and assist the owner through the bidding of the project. Also included is an opinion of probable construction cost prepared by an independent professional cost estimating firm.

The estimated cost of the design work is $66,600.00 with the work billed on a time and materials basis with a not to exceed amount equal to the estimate. The billing rates shall be as established in the master contract. The design and construction documents will be completed approximately 10 – 12 weeks after sign off on the delivery order.

Lake Macbride

The Department has negotiated a delivery order under a master contract with Substance Architecture to provide design services for a new concession building and boardwalk at Lake Macbride State Park. The existing building has extensive flood damage and is located at an elevation prone to frequent flooding. The existing building and accompanying boardwalk will be demolished as part of the construction plan.

The new concession building will be a wood frame structure with concrete foundation and stone accent to coordinate with the existing buildings in the park. The concessson building will have two unisex restrooms that are handicapped accessible and a large roof overhang on the west side of the building to protect customers from weather while doing business with staff members. The new building will connect to existing the sanitary sewer and water supply with the proposed building located at or above the 500 year flood plain. The new boardwalk and guardrails will complement access from the existing parking lot.

The IDNR has established a construction budget of $ 350,000 for this project. Design services to be provided by Substance Architecture include architectural, structural, electrical, and mechanical engineering. Substance Architecture will design, prepare construction documents, and assist the owner through the bidding of the project.

The estimated cost of the design work is $39,450.00 with the work billed on a time and materials basis with a not to exceed amount equal to the estimate. The billing rates shall be as established in the master contract. The design and construction documents will be completed approximately 10 - 12 weeks after sign off on the delivery order.

IDNR staff recommends awarding the Mini-Wakan & Lake Macbride delivery orders to Substance Architecture.

Motion – Commissioner Kircher Seconded – Commissioner Schemmel Discussion – The Commission asked about funding of the projects. Don Labate explained both projects were being funded with I-Jobs and monies from the local friends group fund raising. Decision – Approved by Unanimous Vote

APPROVED AS PRESENTED

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7.2 BIG SPRINGS HATCHERY BUILDING DESIGN The Department has negotiated a delivery order under a master contract with Shive-Hattery Inc. to provide architectural and design consultation services for the construction of a new maintenance/office/visitor center building at the Big Springs Fish Hatchery in Clayton County along the Turkey River. Recent flooding has resulted in the current building being completely unusable. The new building will have approximately 4,500 SF on the upper level and 2,250 SF on a lower level with construction behind the existing building at a higher elevation. The IDNR has established a construction budget of $1,000,000.00 for the project. Services to be provided by Shive-Hattery Inc. include architectural, lighting design, electrical engineering, mechanical engineering, civil engineering and structural engineering. The IDNR and Shive-Hattery Inc. have previously completed conceptual drawings and site design layout. A flood study will be needed prior to approval for construction and will be negotiated through a future delivery order.

Included in the scope of work are two main areas consisting of Construction Documents, and Bidding/Negotiation. Each of these areas will be accomplished utilizing a team approach with architects, engineers, and IDNR staff.

The Construction Documents phase will utilize criteria established during the development of site layout and conceptual drawings to complete bid ready plans and specifications. Shive- Hattery will meet with IDNR staff at a 90% completion level for owner commentary and fine tuning of the plans and specifications.

The Bidding phase will consist of Shive-Hattery Inc. providing technical assistance to the IDNR and prospective bidders for clarification of the plans and specifications.

Shive-Hattery Inc has proposed a schedule to complete the design work approximately 12 weeks from the reciept of a signed delivery order from IDNR.

To take advantage of funds available through 2 fiscal years, design and construction to update miscellaneous site utilities will occur after July 1st, 2011.

The estimated cost of the work is $87,900.00, with the work billed on a time and materials basis with a not-to exceed amount equal to the estimate. The billing rates shall be as established in the master contract.

IDNR recommends awarding the delivery order to Shive-Hattery Inc.

Prior Shive-Hattery Delivery orders: Hatchery Concept & Site Planning $ 9,900.00

Motion – Commissioner Kircher Seconded – Commissioner Underwood Discussion – Commissioner Garst asked about the source of funding specified. Don Labate explained that it would come from Fish & Wildlife Trust Fund dollars. Decision – Approved by Unanimous Vote

APPROVED AS PRESENTED

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8. SMALL CONSTRUCTION PROJECT CONTRACTS The following projects have been let utilizing the Competitive Quotation process for projects $100,000 or less:

BID DATE PROJECT COUNTY AREA DESCRIPTION ESTIMATE BIDS

9/9/10 09-03-96-04 Winneshiek Bluffton Fir Stand Access Shoreline $42,000.00 $16,110.83 Stabilization $23,873.00 $24,800.00 $27,608.00 $32,788.00 $41,000.00 9/16/10 09-03-07-13 Blackhawk George Wyth State Park CXT pad and $9,000.00 $13,496.00 plumbing $17,260.00 $22,411.00 9/16/10 11-05-63-02 Marion Ramp Median and $34,000.00 $29,387.20 Wedge Dock $32,303.63 $33,778.80 $38,653.54 $39,593.00 $52,740.00 9/23/10 10-03-22-01 Clayton Guttenberg Fish Hatchery Repair Fishing $5,000.00 $3,900.00 Walkway $4,750.00 $5,550.00 $5,890.00 $6,125.00 $7,950.00 $10,555.00 9/23/10 11-03-28-02 Delaware Manchester Fish Hatchery Metal Roofs on 3 $25,000.00 $14,062.00 Buildings $16,589.70 $16,715.00 $18,000.00 $27,000.00

INFORMATIONAL ONLY

9. LAND MANAGEMENT PROJECTS

9.1 PINE RIDGE RECREATION AREA – HARDIN COUNTY – HARDIN CCB The Hardin County Board of Supervisors and the Hardin County Conservation Board have approved a resolution requesting that title to the 131 acre state owned Pine Ridge Recreation Area be transferred to the County for no monetary consideration. The Commission is requested to recommend entering into management and title transfer agreement to the Executive Council. Upon approval by the Executive Council, title will be transferred to Hardin County by state patent.

Pine Ridge Recreation Area is located along the west side of the Iowa River, immediately northwest of the City of Steamboat Rock. The Iowa River Conservation and Improvement Club owned the property in the 1950’s. The Club constructed a small lake, camping area, picnic area and planted many trees and shrubs. The state acquired the property from the Club in 1977 with

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Open Spaces funding. The Hardin County Conservation Board has managed the area under a management agreement with the DNR since 1980. Approximately three-fourths of a mile of the river borders the property. A small lake, a camping area and a small picnic area are maintained on the area. Under the Board’s management a new electrical system was provided for campers, the bathhouse remodeled and a new picnic shelter constructed. The County has gradually acquired several adjacent properties resulting in 550 acres of public land in the complex. The county believes the state property supported by the adjacent county land provides an ideal location for development and expansion. In the immediate future, the county proposes to provide rental cabins, fishing docks, cross country ski trails and a new sanitation handling system for the campground. The County believes that its ownership of the entire complex will simplify its pursuit of the planned improvements.

Iowa Code Section 461 A.32 allows for the proposed conveyance without consideration, and requires that the conveyance contain a reversion provision that provides when such lands cease to be used as a public park, title will revert to the state.

In exchange for the patent of the state owned land, Hardin CCB has agreed to enter into a management and title transfer agreement with DNR. Under the agreement, Hardin CCB agrees to the following:

• The CCB will submit, to the DNR Sovereign Land Construction Permit and Environmental Review Program, any future development and construction proposals for review and approval.

• The CCB shall utilize dark sky compliant fully shielded fixtures that do not project light above the horizontal plane for all park and pedestrian lighting within the park.

• The CCB shall minimize the impact of paved road surfaces on the park’s existing and proposed natural environment (if applicable).

• The CCB shall minimize the impact of paved parking surfaces on the park’s current and future environment as follows (if applicable).

• The CCB shall utilize construction techniques that mitigate the environmental impact of storm water associated with paved surfaces within the park (if applicable).

• Cabin construction must be built in a sustainable fashion. That is to say that the structures are designed, built, renovated, operated, or reused in an ecological and resource-efficient manner.

• The DNR shall have the right to prevent and correct violations of the terms of this agreement. If the DNR, upon inspection of the property, finds what appears to be a violation, it may exercise its discretion to seek injunctive relief in a court having jurisdiction. The failure of the DNR to discover a violation or to take immediate action to correct a violation shall not bar it from doing so later.

Representatives from the Hardin CCB will be available to discuss the proposed agreement.

Motion – Commissioner Kircher Seconded – Commissioner Underwood Decision – Approved by Unanimous Vote

APPROVED AS PRESENTED

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10. LAND ACQUISITION PROJECTS

10.1 CLEAR CREEK WILDLIFE MANAGEMENT AREA – ALLAMAKEE CO. – GOLDMANN The Natural Resource Commission’s approval is requested to purchase a tract of land located in Allamakee County adjacent to state-owned and managed Clear Creek Wildlife Management Area. Robert Goldmann offers this 140-acre tract, more or less for the appraised price of $2,600 per acre (approximately $364,000). Price paid for the realty will be based upon results of a land survey, as total acreage times $2,600 per acre.

Joel Klemish, Licensed Appraiser of Strawberry Point, Iowa, submitted the appraisal. Rick Hansen negotiated the purchase agreement.

This irregular-shaped property is located 6 miles southwest of New Albin in northeastern Allamakee County. The steep, heavily wooded tract has a small creek bottom along the far western portion and two small hay fields in the far northeast portion. Oak and Hickory are the prevalent species within the heavily forested tract. Drainage off of the forested hillsides flows west/southwest to Clear Creek, a popular trout stream. There are no building improvements. Access is provided by a county, gravel-base road (Blair Road) from the west.

This tract will provide for wildlife habitat, protection of Clear Creek trout stream, and enhance public recreation to this area. The Wildlife Bureau will manage the property in accord with the area management plan.

Acquisition funding will be $273,000 from Pittman-Robertson, and $91,000 from REAP, Open Spaces. The tract will remain on the property tax rolls. The Department will pay for a required land survey. No fencing cost is anticipated. Incidental closing costs will be the responsibility of the Department.

Staff recommends approval of the land acquisition.

Motion – Commissioner Garst Seconded – Commissioner Schemmel Decision – Approved by Unanimous Vote

APPROVED AS PRESENTED

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*10.2 DUCKS UNLIMITED MARSH – CLAY CO. – NELSON/DONESKEY The Natural Resource Commission’s approval is requested to accept the donation of a permanent easement that measures 100.0 feet wide by 1,040 feet long North of U.S. Hwy. 18 adjacent to Ducks Unlimited Marsh outlet ditch. The easement will allow the Iowa DNR (and Its Assigns) to lower the ditch bottom to facilitate a horizontal bar fish barrier to be installed within the Hwy. 18 right-of-way. The easement is offered by E.A. (Bill) Nelson & Joan M. Nelson and Luella Nelson Doneskey. Jerry Gibson negotiated the permanent easement.

Ducks Unlimited Marsh is located two miles West of Ruthven in Clay County. The complex is managed for migratory waterfowl production.

This easement will be monitored by the Wildlife Bureau in accordance with the area management plan. Incidental closing costs will be the responsibility of the Department. There are no survey costs.

Staff recommends approval of the easement acquisition.

APPROVED BY GENERAL CONSENSUS

*10.3 DUCKS UNLIMITED MARSH – CLAY CO. – CONLON The Natural Resource Commission’s approval is requested to accept the donation of a permanent easement that measures 40.0 feet wide by 40 feet long North of U.S. Hwy. 18 adjacent to Ducks Unlimited Marsh outlet ditch. The easement will allow the Iowa DNR (and Its Assigns) to lower and widen the ditch bottom, and construct a headwall to facilitate a horizontal bar fish barrier to be installed within the Hwy. 18 right-of-way. The permanent easement is offered by John W. Conlon and Connie M. Conlon.

Jerry Gibson and Mark Gulick negotiated the permanent easement.

Ducks Unlimited Marsh is located two miles West of Ruthven in Clay County. The complex is managed for migratory waterfowl production.

This easement will be monitored by the Wildlife Bureau in accordance with the area management plan. Incidental closing costs will be the responsibility of the Department. There are no survey costs.

Staff recommends approval of the easement acquisition.

APPROVED BY GENERAL CONSENSUS

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10.4 SPRING BRANCH CREEK – DELAWARE CO. – TIBBOTT The Natural Resource Commission’s approval is requested to purchase a permanent easement for angler access; fish stocking by Iowa DNR; fish habitat improvement; and water quality/stream bank improvement. Edward and Renee Tibbott have agreed to sell a permanent easement encumbering 6.3 acres for $15,750.00. The easement will prohibit the following:

• Buildings • Tillage and harvesting of agricultural crops • Livestock feedlots • Commercial/industrial development • Removal of native vegetation except as provided by a Forestry Mgmt. Plan • Removal of topsoil, sand, gravel, rock excavation/mining/drilling except for water quality improvement by Iowa DNR • Motor-powered vehicles except as required for DNR land management and stream bank improvement • Introduction of non-native species • Herbicide/pesticide application except when applied under a conservation easement plan

Pasturing of livestock in compliance with a pasture management plan will be permitted.

Jerry Gibson negotiated the option for easement in compliance with Title 49 CFR Part 24 which allows the negotiator to negotiate without an appraisal from a value of $10,000 to $25,000 with the landowners waiving an appraisal.

Spring Branch Creek flows through the Manchester State Fish Hatchery in Delaware County. The easement area consists of a 75 foot strip of land along each side of the centerline of Spring Branch Creek starting at the Southwest boundary of the fish hatchery and running west for 1,835 feet through a timbered area.

This easement will be monitored by the Fisheries Bureau.

I-JOBS funding will be used to acquire the easement. No survey or fencing costs are anticipated. Incidental closing costs will be the responsibility of the Department. Staff recommends approval of the easement acquisition.

Motion – Commissioner Rettig Seconded – Commissioner Schemmel Discussion – Commissioner Garst asked if the surrounding property would be pastured and if so would cattle be excluded from accessing the stream under the pasture management plan. Travis Baker replied the surrounding area would be pastured but that the pasture management plan would not entirely exclude cattle but have limitations on the number of livestock. Jerry Gibson stated that he is currently working with the land owner on the pasture management plan. Decision – Approved by Unanimous Vote

APPROVED AS PRESENTED

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11. FRANCIS LEE POOL WMA – KEOKUK CO. - LAND EXCHANGE PROPOSAL Southeast Iowa Multi-County Solid Waste Agency (SEMCO), is requesting a determination of whether the DNR and NRC is willing to exchange properties between the Department and SEMCO.

Pursuant to 567 Iowa Administrative Code (IAC) 113.9, landfill operators are required to conduct subsurface monitoring for potential off-site migration of methane gas. If subsurface methane is detected, the landfill operator is required to determine the extent of the off-site migration, which is accomplished by installation of gas monitoring wells outside the facility property boundary. Since methane was detected at its facility property boundary, SEMCO submitted a Joint Application to the Corps of Engineers (Corps) and the DNR to obtain access to the Francis Lee Pool Wildlife Area for installation and monitoring of landfill gas monitoring wells to determine the extent of methane gas migration. The permit was granted by the Corps and DNR.

SEMCO is looking for a permanent solution for compliance with State regulations by obtaining a 300-foot buffer (14 acres) area along the western waste management boundary. In exchange, SEMCO will convey a 21.4 acre tract adjacent to the north of the DNR Pool Wildlife Area. This area will provide buffer to manage potential methane gas migration. Allowing SEMCO to exchange the proposed property will provide a long-term solution for compliance with State regulations that govern the operation of the SEMCO Sanitary Landfill. If the Department indicates interest and the conditions appear favorable for exchanging properties, SEMCO will become sole owner of all property proposed for transfer to the Department, thus enabling the transfer to be accomplished between two parties.

SEMCO is willing to accept a use restriction (recorded on deed) which would prevent landfill expansion on the former DNR property. SEMCO also agrees to pay for all incidental costs associated with the exchange.

INFORMATIONAL ONLY

12. NOIA FOR CHAPTER 14 – CONCESSIONS The Departments requests Commission approval for publication of a Notice of Intended Action to amend Chapter 14 “Concessions”. The proposed amendments:

1. Update the definition of friends groups to include those groups whose purpose may be to promote and enhance the Iowa state park system.

2. Rescind the rule regarding advertising and adopt a new rule that establishes the new process to advertise for new concession operations and the process to renew concession contracts.

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3. Rescind the rule regarding the bid process and adopt a new rule that establishes the new process for bidding new concession operations, placement of vending machines, selling of firewood only, and concession operations run by friends groups.

4. Update the terminology used for the proposal that is submitted.

5. Establish a new provision that allows the department to have other vendors provide certain concession services if the service is not under contract with the current concessionaire and the current concessionaire declines to provide the service.

6. Clarify when a temporary letter of authorization is necessary if commission approval is required by statute.

7. Update language to reflect “park staff” instead of “park ranger” since there are other classifications of permanent park staff that may be involved with concession operations.

NATURAL RESOURCE COMMISSION[571] Notice of Intended Action

Pursuant to the authority of Iowa Code sections 455A.5(6), 461A.3, and 461A.4, the Natural Resource Commission hereby gives Notice of Intended Action to amend Chapter 14, “Concessions,” Iowa Administrative Code.

The proposed amendments:

1. Update the definition of friends groups to include those groups whose purpose may be to promote and enhance the Iowa state park system.

2. Rescind the rule regarding advertising and adopt a new rule that establishes the new process to advertise for new concession operations and the process to renew concession contracts.

3. Rescind the rule regarding the bid process and adopt a new rule that establishes the new process for bidding new concession operations, placement of vending machines, selling of firewood only, and concession operations run by friends groups.

4. Update the terminology used for the proposal that is submitted.

5. Establish a new provision that allows the department to have other vendors provide certain concession services if the service is not under contract with the current concessionaire and the current concessionaire declines to provide the service.

6. Clarify when a temporary letter of authorization is necessary if commission approval is required by statute.

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7. Update language to reflect “park staff” instead of “park ranger” since there are other classifications of permanent park staff that may be involved with concession operations.

Any interested person may make written suggestions or comments on the proposed amendments on or before November 23, 2010. Such written material should be directed to Sherry Arntzen, State Parks Bureau, Department of Natural Resources, 502 East Ninth Street, Des Moines, Iowa 50319-0334. Comments may be sent by fax to (515)281-6794 or by E-mail to [email protected]. Persons who wish to convey their views orally should contact Sherry Arntzen at (515)242-6233. There will be a public hearing on November 23, 2010, at 1:30 p.m. in the 4th Floor West Conference Room in the Wallace State Office Building, at which time persons may present their views orally or in writing. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the amendments. Any person who plans to attend a public hearing and has special requirements, such as those related to hearing or mobility impairments, should contact the Department of Natural Resources to discuss specific needs. These amendments are intended to implement Iowa Code sections 461A.3 and 461A.4. The following amendments are proposed.

ITEM 1. Amend rule 571—14.1(461A), definition of “friends group or organization,” as follows: “Friends group or organization” means an organization incorporated under Iowa Code chapter 504A as a not-for-profit group which has been formed solely for the purpose of promoting and enhancing a particular state park or recreation area, the Iowa state park system, or both.

ITEM 2. Rescind rule 571—Chapter 14.2(461A) and adopt the following new rule in lieu thereof: 571—14.2(461A) Advertising or notice procedure. 14.2(1) New concession. a. Advertising. When the department desires to obtain a new concession operation offering multiple concession services in an area, the department shall advertise the request for proposal on the targeted small business website and the department’s request for proposal website. The department shall advertise a notice for the request for proposal in one newspaper of statewide circulation and one newspaper of general circulation in the county in which the state park or recreation area is located. b. The notice shall state the following: (1) The name and location of area(s) in which concession operations are available. (2) The general types of service which the department would expect a concessionaire to provide. (3) Information regarding how to obtain the request for proposal information. (4) The deadline for submission of proposals to the department. c. The department shall allow a minimum of 15 days between publication of advertisements and the deadline for submission of proposals. d. The request for proposal shall include the following information:

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(1) A scope of work that contains detailed information regarding the types of services expected to be provided by the concessionaire and history of the gross receipts reported the previous five operating years by the prior concessionaire (if applicable); bid terms acceptable to the department; the name, address, and telephone number of the person to contact regarding the request for proposal; and the date and time by which the proposals must be received by the department. (2) A map of the park in which the concession operation is proposed. (3) A sample of the contract the successful bidder will be expected to sign. (4) Samples of report forms that the concessionaire must submit to the department while in operation. 14.2(2) Renewal of existing concession operation. a. The department may, at its option, mutually agree with the concessionaire to renew a contract during or at the end of its term. A concessionaire may request renewal during the term of a contract after a minimum three years of concession operation. The provisions of the renewal contract shall be negotiated between the department and the concessionaire. Should either party choose not to renew the contract, appropriate notice shall be sent to the other party and the department may advertise for bids in accordance with this chapter. b. The department shall publish a notice of intent to renew a concession contract that has been negotiated in accordance with paragraph “a” of this subrule. The notice shall be published in the same manner as provided in 571—14.2(1)“a” and shall solicit comments regarding the renewal. c. The department director shall, upon review of comments received, determine whether to solicit bids or proceed with the renewal of the existing contract and shall notify the concessionaire of the decision in writing. If the director denies the renewal request, the existing concessionaire may request a contested case proceeding pursuant to Iowa Code chapter 17A.

ITEM 3. Rescind rule 571—Chapter 14.3(461A) and adopt the following new rule in lieu thereof: 571—14.3(461A) Bidding process. 14.3(1) Persons interested in operating a concession in a state park or recreation area shall submit a proposal in the format requested in the request for proposal. It is the bidder’s responsibility to inspect the area proposed for concession operation and be fully aware of the condition and physical layout of the area. Concession facilities shall be bid on an “as is” basis unless the department agrees in writing to undertake certain improvements. The department reserves the right to reject any or all bids. If no bids are received for concession operation, the department may: 1. Re-advertise for bids; or 2. Contact interested persons and attempt to negotiate a contract; or 3. Determine that there will be no concession operation in that particular area that year. 14.3(2) Vending machines and firewood sales. a. Placement of vending machines in state parks and recreation areas shall not be subject to the advertising and bidding process established by this chapter. b. Such machines may be placed in state parks and recreation areas only by the publisher or distributor of the newspaper to be sold, the distributor of the soft drink to be sold in the machines, or by private vending machine companies.

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c. Companies placing machines in these areas must submit a request to the department stating the location, number, and type of machines to be placed; the price(s) that will be charged to the public; and the proposed fee or commission to be paid to the state. d. Any fees or commissions to be paid by the vendor to the state shall be paid directly to the department’s central office in Des Moines, Iowa. e. The department will not install new electrical lines, concrete pads, or any other items needed to enable installation of vending machines. 14.3(3) Firewood sales a. Firewood sales contracts shall not be subject to the advertising and bidding process established by this chapter. b. Persons interested in selling firewood in a state park or recreation area that has no other concessionaire or if the concessionaire has declined the opportunity to sell firewood, shall submit a request to the department that identifies the area(s) the firewood would be sold at, the price to be charged to the public and the proposed fee or commission to be paid to the state. 14.3(4) Friends groups a. Concession contracts with friends groups, as defined in 571--14.1(461A), to provide services in state parks and recreation areas shall not be subject to the advertising and bidding process established by this chapter. b. Friends groups shall submit a request to operate a concession operation at a particular state park or recreation area. The request shall state the services to be provided, the proposed hours of operation, and proposed staffing. c. All net proceeds from the sale of merchandise and other concession services shall be spent on park improvement projects.

ITEM 4. Amend rule 571—14.4(461A) as follows: 571—14.4(461A) Selection of a concessionaire. The department shall select the concessionaire it determines to be best suited for concession operation in a state park or recreation area upon evaluation of the following information: 1. Services proposed in the concession operation. 2. Managerial competence and experience. 3. Apparent financial capability to carry out the concession operation proposed. 4. Annual lease payment bid. 5. Length of contract proposed (five-year maximum). 6. A check of all business and personal references given in the application/qualification statement proposal. 7. A check of driver’s license records and any other information which that would assist in assessing the person’s suitability for concession operation.

ITEM 5. Amend subrule 14.5(3) as follows: 14.5(3) Exclusive rights. The contract gives the concessionaire exclusive rights to conduct concession operation on in a particular state park or recreation area. The concessionaire must have department approval prior to allowing other vendors to do business in the area under the terms of the contract. This provision does not prohibit the department from allowing other vendors in an area if the department identifies a service that is not under contract with the concessionaire and the concessionaire declines to provide that service. Also, this provision does

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not prohibit the department from allowing noncompetitive type vendors in an area during a department-sponsored special event such as the forest craft festival.

ITEM 6. Amend subrule 14.5(4) as follows: 14.5(4) Temporary authorization. If necessary, the department director shall have authority to issue a temporary letter of authorization to enable the successful bidder to operate a concession pending approval of the contract by the commission, if commission approval is required by statute. The letter of authorization will incorporate all stipulations and conditions of the contract. The term of the letter of authorization shall not exceed 90 calendar days from the date of issuance.

ITEM 7. Amend rule 571—14.6(461A) as follows: 571—14.6(461A) Dispute resolution. Should a dispute arise between the concessionaire and the department as to the interpretation of the contract stipulations or whether the concessionaire is performing satisfactorily, the initial step of resolving the dispute will be an informal meeting and discussion between the park ranger staff and the district parks supervisor or other department personnel in charge of the area and the concessionaire. If the matter cannot be resolved, the concessionaire or area personnel may request a meeting with parks bureau staff in the central office of the department. The bureau chief shall, if possible, resolve the dispute to the satisfaction of all parties. If the dispute cannot be resolved, the contract shall be terminated and the department may advertise for bids in accordance with this chapter. The requirements of Iowa Code section 17A.18(3) shall apply to any contract termination under the provisions of this paragraph. The provisions of this paragraph shall not be a bar or prerequisite of the provisions of rule 571—14.7(461A).

Motion – Commissioner Underwood Seconded – Commissioner Rettig Discussion – Commissioner Garst asked who would be responsible for utility costs. Kevin Szcodronski responded the department would be responsible to pay the utilities. Commissioner Garst asked about revising concessionaire contracts to add requirements on issues such as energy efficiency, recycling, and dark sky lighting (ie: vending machine lights). Commissioner Garst suggested the following changes: • 14.3(2) – remove ‘and firewood sales’ from the title of section as all language within that that section refer to vending machines, section 14.3(3) covers firewood sales. • 14.3(2) b – needs broader language • 14.3(3) – should have a source documentation requirement to assure wood is not from an EAB infested area. • 571—14.4(461A) Selection of a concessionaire o Add a ‘greenness’ criteria selector o Make it clear in the last bullet that sex offender/child abuse registries would also checked as part of background verification. • Item 5 – Make language a little more flexible to allow use of other vendors if needed during a large event. • Define when advertising what concession/concessionaire mean (ie: small business opportunity)

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Commissioner Kircher asked if there could be a provision built into section 14.4(5) to state that if a contract is over an amount such as $25,000 there be an automatic 5 year contract extension if the department has no issues or problems with the concessionaire. Tamara Mullen, DNR Legal Counsel advised that the concession rule (14.2(2)) allows for renewal of a contract separate from the traditional rebid process. Motion – Commissioner Rettig moved to table item#12 to be amended to incorporated the suggested changes and that it be brought back to the commission for reconsideration. Seconded – Commissioner Schemmel Decision – Approved to table item #12 by Unanimous Vote

ITEM TABLED

*13. FINAL RULE FOR CHAPTER 61 – STATE PARKS AND RECREATION AREAS The Departments requests Commission approval for amendments to Chapter 61 “State Parks and Recreation Areas”. Notice of Intended Action was approved by the Commission on May 13, 2010.

The proposed amendments:

1. Remove the Pine Lake multifamily cabin from the cabin rental fee list because the cabin will not be constructed; establish a new cabin rental fee for a new cabin being constructed at Union Grove State park; and remove the extra cot fee as the Department does not provide cots anymore.

2. Remove the reference to the Pine Lake multifamily cabin regarding minimum stay requirements as the cabin will not be constructed.

3. Rescind the subrule regarding special events and adopt a new subrule regarding special events permits which establishes procedures to obtain a permit, permit requirements and a nonrefundable administrative fee of $25 to process a special event application.

4. Update the after-hours fishing area at .

Notice of Intended Action was published in the Iowa Administrative Code Bulletin on June 2, 2010 as ARC 8819B. A public hearing was held on June 22, 2010 at the Wallace State Office Building in Des Moines, Iowa. No written or oral comments were received.

The Department has determined that it will not adopt the changes to the subrule for special events as outlined in paragraph 3 above, until a more comprehensive review has been completed for all types of special events within the Conservation and Recreation Division. At that time the Department will begin rulemaking for all rules related to special events. Therefore, this item has been removed from the final rule.

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NATURAL RESOURCE COMMISSION[571] Adopted and Filed

Pursuant to the authority of Iowa Code section 455A.5(6), the Natural Resource Commission hereby adopts Chapter 61, “State Parks and Recreation Areas,” Iowa Administrative Code.

The proposed amendments:

1. Remove the Pine Lake multifamily cabin from the cabin rental fee list because the cabin will not be constructed; establish a new cabin rental fee for a new cabin being constructed at Union Grove State Park; remove the extra cot fee as the Department does not provide cots anymore. 2. Remove the reference to the Pine Lake multifamily cabin regarding minimum stay requirements as the cabin will not be constructed.

3. Rescind the subrule regarding special events and adopt a new subrule regarding special events permits, which establishes procedures to obtain a permit, permit requirements and a nonrefundable administrative fee of $25 to process a special event application.

4. Update the after-hours fishing area at Green Valley State Park.

Notice of Intended Action was published in the Iowa Administrative Bulletin as ARC 8819B on June 2, 2010. A public hearing was held on June 22, 2010. No written or oral comments were received. The Department has determined that it will not adopt the changes to subrule 61.7(16), relating to special events, as outlined in paragraph 3 above, until a more comprehensive review has been completed for all types of special events within the Conservation and Recreation Division. At that time, the Department will begin rule making for all rules relating to special events. Therefore, Item 5 of the Notice has been removed from this filing. These amendments are intended to implement Iowa Code sections 461A.3, 461A.4, 461.35, 461A.47, and 461A.57 These amendments will become effective December 8, 2010. The following amendments are adopted.

ITEM 1. Amend the entry for in paragraph 61.5(1)“a” as follows:

Per Night* Per Week Pine Lake State Park, Hardin County Multifamily cabin 200 1200 Studio cabins (four-person occupancy limit) 65 390 One bedroom cabins 75 450

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ITEM 2. Adopt the following new entry for Union Grove State Park in paragraph 61.5(1)“a”: Per Night* Per Week Union Grove State Park, Tama County 75 450

ITEM 3. Strike the following entry in paragraph 61.5(1)“a”: Per Night* Per Week Extra costs, where available 1

ITEM 4. Amend subparagraph 61.5(3)“b”(3) as follows: (3) The multifamily cabins cabin at Pine Lake and Springbrook State Parks Park may be reserved for a minimum of two nights throughout the entire rental season with the following exceptions: 1. to 4. No change.

ITEM 5. Rescind subrule 61.11(6) and adopt the following new subrule in lieu thereof: 61.11(6) Green Valley State Park, Union County. The shoreline adjacent to Green Valley Road commencing at the intersection of Green Valley Road and 130th Street and continuing south along the shoreline to the parking lot on the east side of the dam, and then west along the dam embankment to the shoreline adjacent to the parking lot on the west side of the spillway.

APPROVED BY GENERAL CONSENSUS

*14. NOTICE OF TERMINATION – CHAPTER 65 – FIREWORKS DISPLAYS The Departments requests Commission approval for a termination notice for Chapter 65 “Fireworks Displays--State Parks and Recreation Areas”. Notice of Intended Action was approved by the Commission on May 13, 2010.

Notice of Intended Action was published in the Iowa Administrative Code Bulletin on June 2, 2010 as ARC 8817B. A public hearing was held on June 22, 2010 at the Wallace State Office Building in Des Moines, Iowa. No written or oral comments were received.

The Department’s Conservation and Recreation Division issues a variety of special event permits. It has been determined that a more comprehensive review of all special events needs to take place in order to develop consistent rules for the various special events that are permitted by various bureaus within the Conservation and Recreation Division. Once the review has been completed, the Department will prepare a new notice of intended action to address any changes to rules regarding fireworks displays in state parks and recreation areas.

APPROVED BY GENERAL CONSENSUS

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15. WAPSIPINICON COUNTRY CLUB CLUBHOUSE RESTORATION CONTRACT The Natural Resource Commission is requested to approve a contract between the Department and Wapsipinicon Country Club (the Club) to allocate legislative appropriations for facility repairs. The Department holds a current lease with the Club initiated in 1977 and extends to 2027. According to records, an original lease with the Club began in 1928 for fifty years. As part of the lease, the Club is to make improvements to the course and facilities to keep it available for play by members and the public.

In 1921 a group of Anamosa residents set about raising funds to purchase 184 acres of land to establish a state park along the in Anamosa. A club was formed to facilitate the fund raising and park planning effort. On April 10, 1921, Professor Pammel traveled to Anamosa to inspect and receive the deed on behalf of the Iowa Conservation Commission for the Anamosa or Jones County State Park, later to be called . The deed was presented by the first president of the Wapsipinicon Country Club, Clifford Niles. The club donated the land and led the development of the park with the intention of reserving the privilege of building a golf course and club house within the park. The club house was built later the following year and has to this day operated as a golf course club house.

The club operates a nine-hole golf course and restaurant as a 501c(3). They are a non-profit club committed to preserving and enhancing the golf course and club house. Memberships are sold and the public is permitted to use the course with payment of a green fee. The Club currently has 218 members and hosts an average of around 500 non-members each year. Golfing is free for any children from 7 years old through high school. Green fees and membership dues are used to operate the club. The club has a board of directors who appoint a club manager. The manager employs restaurant and course maintenance staff. The restaurant is open for lunch and dinner daily, as well as a Sunday breakfast buffet.

In the Department’s FY11 appropriations of IJOBS-2 funding, $100,000 was allocated for renovations to the clubhouse. The renovations are to include: replacement of the historic high pitch portion of the roof; rubber membrane for the low pitch roof section; preservation, solidification, and/or replacement of logs; raise and shore building corner; and restore two stone fireplaces to their original design. This contract will allow the transfer of funds for the renovations.

Motion – Commissioner Kircher Seconded – Commissioner Rettig Decision – Approved by Unanimous Vote

APPROVED AS PRESENTED

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16. PALISADES KEPLER STATE PARK ACCESS ENCROACHMENT The Department of Natural Resources presents to the Commission information regarding a long-standing encroachment that was recently discovered on state property at Palisades Kepler State Park.

On June 11, 1963, the Department issued a 5-year construction permit to Martin-Marietta Quarries, Inc., which operated a quarry on property adjacent to the south of Palisades Access. The permit authorized cutting and disposal of trees and allowed the fill of two acres annually with waste aggregate from their quarry operation, up to an elevation of 699 feet MSL, or about 10 feet of fill. The original intent of the fill was to allow development to provide improved public access to the river.

On February 17, 1964, the Department and the Linn County Conservation Board entered into a 25-year management agreement to transfer management of Palisades Access to the county. The agreement specifically required the county to honor the quarry’s construction permit. It was anticipated that Linn County would acquire additional adjacent land to provide public access; however, acquisition of that land never occurred.

On May 23, 1968, the Department issued a new 5-year construction permit to Concrete Materials and Construction Company, the operator of the quarry for Martin-Marietta Quarries, Inc., at that time. The permit authorized the fill activities to continue as under the 1963 permit, with a change of allowable fill up to an elevation of 607 feet MSL instead of 699 MSL, and allowed for the storage of aggregate. The permit expired December 31, 1968, and went unnoticed by the DNR, the Linn County Conservation Board, and by Martin-Marietta Quarries, and storage of materials on this site continued.

The management agreement with Linn County was renewed for 25 years in 1989, by which time DNR staff and the Linn County CCB were unaware of the previous arrangements and records with the quarry and unaware that the quarry operated on state land. In 1998, at the request of Linn County, the management agreement was dissolved. Palisades Access management reverted back to the State Parks Bureau. At this time, there was no record of this parcel in park files or on park maps. In August of 2009, while the current park ranger was researching property information, this parcel was discovered as public property. After conferring with DNR Realty Services it was determined that the parcel is part of Palisades Kepler State Park and that the ongoing storage of aggregate on the site is technically an encroachment.

The DNR has met with representatives from Martin Marietta Quarries to explore solutions to this encroachment issue resulting from a mistake dating back over 40 years ago. Since the encroached property has no significant conservation value in its current condition, a resolution would be to have Martin Marietta Quarries acquire a high priority parcel to trade for the encroached portion of the Palisades Access, which the Department supports. There is now an access south of the quarry and the purpose for the land transfer option would be, in part, to create a new, more desirable, access.

INFORMATIONAL ONLY

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*17. FINAL RULE FOR CHAPTER 101—FALCONRY REGULATIONS The Commission is asked to amend Chapter 101 Falconry Regulations, Iowa Administrative Code. This amendment is in response to Federal administrative changes made by the US Fish & Wildlife Service’s Migratory Bird Permits section, and changes to the Code of Federal Regulations under 50 CFR 21 – Migratory Bird Permits. The Iowa Falconers Association also worked jointly with department staff during the rule-making process to help identify portions of the rule which needed to be updated.

No comments were received at the public hearing held in Des Moines at the Wallace State Office Building on August 31, 2010, and no significant changes were made from the Notice of Intended Action.

NATURAL RESOURCE COMMISSION[571] Adopted and Filed

Pursuant to the authority of Iowa Code section 455A.5(6), the Natural Resource Commission adopts amendment to Chapter 101, “Falconry Regulations,” Iowa Administrative Code. These amendments are requested by Department staff and the Iowa Falconers Association (IFA) to update the existing rules and align them with recent changes made to the Code of Federal Regulations by the U.S. Department of the Interior; Fish and Wildlife Service’s Migratory Bird Office. Notice of Intended Action was published in the Iowa Administrative Bulletin on August 11, 2010, as ARC9008B. Public hearing was held at the Wallace State Office Building on August 31, 2010. No written or oral comments were received at the hearing or during the comment period. No significant changes were made from the Notice of Intended Action. This amendment is intended to implement Iowa Code chapter 481A. The following amendment will become effective December 8, 2010.

ITEM 1. Amend rule 571—101.1(481A) as follows: 571—101.1(481A) Falconry regulations. No person may take, transport, or possess any raptor without having first obtained a valid state/federal falconer’s permit. Only raptors from the family Accipitridae (excluding the bald eagle), the family Falconidae, and the great horned owl of the family Strigidae may be taken, transported, or possessed, except any species listed as endangered or threatened. Falconry permit holders shall comply with the department’s rules and with the current Code of Federal regulations pertaining to falconry. Only the following raptors may be taken from the wild: American kestrel, Cooper’s hawk, Ferruginous hawk, Goshawk, great horned owl, Gyrfalcon, Harris’ hawk, Merlin, prairie falcon, red-tailed hawk, rough-legged hawk, and sharp-shinned hawk. Raptors taken from the wild shall not be sold, bartered or traded. All wild raptors legally trapped or taken by a resident or nonresident falconer must be marked with an Iowa marker band provided by the department.

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101.1(1) Said A falconry permit allows for the purchase, capture, possession and use of designated legal raptors in hunting, subject to state regulations. 101.1(2) A falconry license permit may be issued to any person 14 or more years of age or older who has successfully passed a written examination provided or by the department and approved by the U.S. Department of the Interior covering basic biology, care and handling of raptors, laws, regulations or other appropriate subject matter, with a minimum score of 80 percent, and who has satisfied the minimum requirements for keeping raptors as determined by inspection of the applicant’s facilities. In the event an individual fails the examination, this individual may reapply. 101.1(3) There shall be three classes of falconer’s falconer permits as follows: a. Apprentice falconer. (1) Applicant An applicant shall be at least 14 years old. A and shall have a sponsor who is a holder of a general or master falconry license is required for the first two years in which an apprentice permit is held, regardless of the age of the permittee permit and who has at least two years of active experience as a general falconer. A qualifying sponsor must submit a signed letter to the department in which the sponsor agrees to assist and mentor the apprentice falconer for the duration of the apprenticeship. A sponsor may have no more than two apprentices at any one time. (2) Apprentice permit holders shall not possess more than one raptor and may not obtain more than one raptor for replacement during any 12-month period. Apprentice permit holders shall possess only a red-tailed hawk (Buteo jamaicensis). Apprentice permit holders shall be restricted from taking nestling or fledgling birds. (3) A sponsor has the right to withdraw sponsorship at any time and, upon withdrawal, must submit a signed letter to the department requesting withdrawal of sponsorship. If an apprenticeship apprentice falconer fails to successfully complete the required two-year apprenticeship, the red-tailed hawk will shall be transferred to the sponsor of record. The sponsor will be required to properly care for the bird until it is transferred to another falconer or hacked back into the wild. (4) Upon completion of the apprenticeship requirements, the apprentice’s sponsor must submit a signed letter of endorsement confirming that the apprentice has satisfied the terms and conditions of the apprenticeship as required by these rules and approved by the department and the Iowa Falconers Association (IFA) Apprenticeship Guideline Manual. b. General falconer. Applicant An applicant shall be at least 18 years old. Applicant An applicant shall have at least two years’ years of field experience in the practice of falconry at the apprentice level or its equivalent; this shall be field experience and the mere keeping of raptors shall not count as field experience and will be is strongly discouraged. General license permit holders shall not possess more than two three raptors and may not take more than one raptor for a replacement bird from the wild during any 12-month period. Licensed general class falconers may purchase properly marked captive-bred raptors only from a federally licensed raptor propagator propagators.

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c. Master falconer. Applicant An applicant shall have at least five years’ years of field experience in the practice of falconry at the general level or its equivalent. The keeping of raptors without actively hunting the bird(s) shall not be considered field experience. A master falconer shall possess no more than three five raptors at any one time and be permitted to take no more than two replacement birds from the wild in any 12-month period. Licensed master Master class falconers may purchase properly marked captive-bred raptors only from a federally licensed raptor propagator propagators. 101.1(4) All falconry Falconry permits are $61.50, are valid for a three-year period, and are nontransferable and. Permits shall expire June 30 of the third year after issuance. Permits may be renewed without examination following the falconer’s submission of an annual report of birds possessed during the previous year and provided that the department of natural resources is satisfied as to the competency of the applicant whose permit has expired. 101.1(5) A federal raptor propagation permit is required before any person raptor propagator may take, possess, transport, sell, purchase, barter, or transfer any captive-bred raptor, raptor egg, or raptor semen for propagation or sale purposes. This rule is intended to implement Iowa Code section 481A.48 and conforms to the federal regulations promulgated under the “Migratory Bird Treaty Act.” ITEM 2. Amend paragraph 101.2(1)”c” as follows: c. Outdoor facilities. Outdoor facilities (weathering area) shall be fenced and covered with netting or wire, or roofed to protect the birds from disturbance and attack by predators except that perches more than 6½ feet high need not be covered or roofed. The enclosed area shall be large enough to ensure the birds cannot strike the fence when flying from the perch. Protection from excessive sun, wind, and inclement weather shall be provided for each bird. Adequate perches shall be provided. ITEM 3. Amend subule 101.2(2) as follows: 101.2(2) Equipment. The following items shall be in the possession of the applicant before the applicant can obtain a permit or license. a. Jesses. At least one pair of Alymeri jesses or similar-type jesses constructed of pliable, high-quality leather or suitable synthetic material to be used when any raptor is flown free. (Traditional one-piece jesses may be used on raptors when the raptors are not being flown.) b. to d. No change. e. Weighing device. A reliable working scale or balance suitable for weighing the raptor(s) held and graduated to increments of not more than one-half ounce (15 gram) two-tenths of an ounce, or five grams, shall be provided by the falconer. f. and g. No change. ITEM 4. Amend rule 571—101.3(481A) as follows: 571—101.3(481A) Taking and possession provision. The taking of raptors from the wild in Iowa by resident falconers shall be limited to the following conditions:

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101.3(1) Nestling birds may be taken only by general class or master class permit holders. All wild raptors legally trapped or taken by a resident falconer must be marked with a black federal marker band provided by the department. 101.3(2) Young birds not yet capable of flight may be taken at any time following hatch, provided, however, that an individual by a general class or master class falconer. The falconer may take no more than two nestlings, and that at least one nestling shall be left in any nest from which a nestling is taken. The taking of nestlings and branchers is permitted only between May 21 April 1 and June 30 July 31. Removal of eggs from nests is prohibited. 101.3(3) First year (passage) birds shall be taken only from September 15 August 1 through January March 31. 101.3(4) Only American kestrels (Falco sparverius) and great horned owls (Bubo virginianus) may be taken when over one year old; however, the permissible period for taking shall be no different than that prescribed for passage birds of all other legal species. 101.3(5) No permittee shall employ any method of taking raptors which is injurious to the bird. 101.3(6) Any species except endangered or threatened species or exotic birds, the import of which has been banned by the international convention, federal regulation or the natural resource commission department of natural resources, may be possessed and used for falconry provided the license holder can provide evidence that the bird was legally acquired, and provided that no. No one may import a raptor into Iowa or export a raptor out of Iowa, for a period greater than 30 days, without having first obtained written permission of the department of natural resources. 101.3(7) Recapture. Banded raptors that are lost to the wild through accident may be retrapped provided that the department of natural resources has been advised of the loss and is notified of the attempt to recapture. Should If the banded raptor be is recaptured, the department of natural resources shall be notified of the recovery within 48 hours. 101.3(8) Nonresident raptor trapping. A permit may be issued upon application by a nonresident for the purpose of taking a raptor in Iowa, provided that the applicant’s resident state is listed in Paragraph (K), Subpart C, Part 21-29, Chapter 1, of Title 50, Code of Federal Regulations, as a participating state, and the applicant’s resident state issues nonresident raptor trapping permits or licenses, or otherwise provides for the taking of raptors by nonresidents. Nonresidents shall submit a photocopy of a valid import permit from their resident state and a photocopy of a current, valid, state or federal falconry permit. Nonresident raptor trapping permits shall be issued only in the general class or master class. a. Trapping provisions. Trapping of raptors in Iowa by nonresidents permitted nonresident falconers shall be limited to the following species red-tailed hawk, American kestrel, and great horned owl legal species listed in these rules. b. Marking requirements. Raptors legally trapped by nonresidents must be marked with a black federal an Iowa marker band provided by the department. No raptor shall be transported from Iowa without first having had the black Iowa marker band attached. Permittees may, with

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written permission from the department, provide their own black marker band issued by their state of residency. Permittees who provide their own black marker band shall place the band on the raptor immediately upon capture, and must notify the department within five days of the capture and of the corresponding black marker band number. c. Fees. Fees for nonresident raptor trapping applications shall be reciprocal to the fee charged by the applicant’s resident state. If the applicant’s resident state does not provide for a nonresident raptor trapping fee, then the Iowa nonresident raptor-trapping application fee shall be $50 $100. d. Restrictions. Nonresident falconers may apply for one raptor trapping permit per trapping season. All nonresident raptor trapping permits shall be valid for a period not to exceed 60 consecutive days, beginning on the date of issuance. No nestlings or raptor eggs may be taken. First year (passage) birds may be taken only from September 15 1 through January 31. The nonresident raptor trapping permit shall be valid for only one raptor of the species designated on the permit. The raptor trapping permit shall be carried by the permittee while in the act of trapping and the transportation of any subsequently trapped raptor. ITEM 5. Amend rule 571—101.4(481A) as follows: 571—101.4(481A) Annual reports. Each holder of a falconer’s permit shall submit an annual report to the department of natural resources by July 31 of each year. This report shall list all raptors in possession on the preceding thirtieth day of June and any raptor held during the year by species, sex (if known), age (if known), date acquired and where or from whom acquired, and whether the raptor escaped, died, was recaptured, or was released during this time period and when the date on which the event occurred. ITEM 6. Amend rule 571—101.5(481A) as follows: 571—101.5(481A) Other provisions. 101.5(1) No permittee shall purchase, offer for sale, sell, trade or barter any native raptors acquired from the wild in Iowa. A holder of a federal raptor propagation permit may not sell, trade, barter, purchase, or offer for sale any captive-reared, properly marked raptor of a native species nesting in Iowa, except captive-reared peregrine falcons (Falco peregrinus), hybrids of peregrine falcons, and nonnesting species. Any raptor captured with a research radio transmitter attached must be reported to the department within five days, and the raptor shall be released immediately. 101.5(2) No permittee may take, purchase, receive or otherwise acquire, sell, barter, transfer, or otherwise dispose of any raptor unless such permittee submits federal Form 3-186A (Migratory Bird Acquisition/Disposition Report), completed in accordance with the instructions on the form, to the issuing regional fish and wildlife service office within five days of such transaction. Falconry permit holders A falconry permittee shall notify the department of natural resources in writing of the death, replacement, loss, release or temporary transfer or other such change in the status of their the permittee’s raptors within five days of such occurrence. provided, however, that written. Written authorization shall be obtained from the department of natural resources before a replacement raptor may be secured; and further provided that each.

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Each dead bird raptor shall be surrendered to the department of natural resources or disposed of at the department’s direction. Primary, secondary, and tail feathers may be retained and exchanged from these birds for imping purposes only to imp or repair broken feathers. 101.5(3) Raptor exportation and importation permits may be issued to resident and nonresident falconers licensed to practice falconry in other states. Such permits shall be issued only when the export or import term will exceed 30 days. In the case of exportation or importation terms of less than 30 days, the permittee shall have in possession a photocopy of raptor possession documentation (form 3-186A) and a photocopy of a valid state or federal falconry permit. Persons wishing to participate in hunting will be required to possess appropriate hunting licenses or permits. 101.5(4) A falconry permit holder shall obtain written authorization from the department of natural resources before any raptor not indigenous to the state is intentionally released to the wild, at which time the marker band from the released bird raptor shall be removed and surrendered to the department of natural resources. The marker band from an intentionally released bird raptor which is indigenous to the state shall also be removed and surrendered to the department of natural resources. A standard federal bird band shall be attached to such birds raptors by the state or a service-authorized federal bird bander whenever possible. A falconer shall not permanently release a captive-bred raptor to the wild. 101.5(5) A raptor possessed under a state/federal falconry permit may be temporarily held by a person other than the permittee only if that person is otherwise authorized to possess raptors, and only if the raptor is accompanied at all times by the properly completed Form 3- 186A (Migratory Bird Acquisition/Disposition Report) designating the permittee as the possessor of record and by a signed, dated statement from the permittee authorizing the temporary possession. 101.5(6) A general or master falconer may charge a fee for presentation of a raptor education program to the public. The fee cannot exceed the amount required to cover the falconer’s expenses. 101.5(7) When a hybrid or exotic falconry bird is flown free, it must be fitted with two working radio telemetry transmitters.

APPROVED BY GENERAL CONSENSUS

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*18. FINAL RULE: CHAPTER 102—FALCONRY HUNTING REGULATIONS The Commission is asked to amend Chapter 102 Falconry Hunting Regulations, Iowa Administrative Code. This amendment is partially in response to Federal administrative changes made by the US Fish & Wildlife Service’s Migratory Bird Permits section, and changes to the Code of Federal Regulations under 50 CFR 21 – Migratory Bird Permits. The Iowa Falconers Association also worked jointly with department staff during the rule-making process to help identify portions of the rule which needed to be updated. Relatively minor changes were made to this chapter.

No comments were received at the public hearing held in Des Moines at the Wallace State Office Building on August 31, 2010, and no significant changes were made from the Notice of Intended Action.

NATURAL RESOURCE COMMISSION[571] Adopted and Filed Pursuant to the authority of Iowa Code section 455A.5(6), the Natural Resource Commission adopts amendment to Chapter 102, “Falconry Regulations for Hunting Game,” Iowa Administrative Code. These amendments have been requested by Department staff and the Iowa Falconers Association (IFA) to update the existing rules and align them with recent changes made to the Code of Federal Regulations by the U.S. Department of the Interior; Fish and Wildlife Service’s Migratory Bird Office. Notice of Intended Action was published in the Iowa Administrative bulletin on August 11, 2010, as ARC9007B. Public hearing was held at the Wallace State Office Building on August 31, 2010. No written or oral comments were received at the public hearing or during the comment period. No significant changes were made from the Notice of Intended Action. This amendment is intended to implement Iowa Code chapter 481A. The following amendment will become effective December 8, 2010.

ITEM 1. Amend rule 571—102.1(481A) as follows: 571—102.1(481A) General. Game may be taken annually, by licensed permitted falconers only, subject to the following: 102.1(1) Definitions. For the purposes of this rule, the following definitions are used: "Falconer" means any person licensed permitted under the provisions of 571—Chapter 101, Iowa Administrative Code, who pursues the sport of falconry. "Falconry" means the sport of taking quarry game by means of a trained raptor. "Raptor" means a live migratory bird of the family Accipitridae, other than the bald eagle (Haliaeetus leucocephalus), or of the family Falconidae, or the great horned owl (Bubo virginianus) of the family Strigidae any of the following wild species: American kestrel, Cooper’s hawk, Ferruginous hawk, Goshawk, Great horned owl, Gyrfalcon, Harris’ hawk,

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Merlin, Prairie falcon, Red-tailed hawk, Rough-legged hawk, Sharp-shinned hawk and any captive-bred species used for falconry. 102.1(2) Licenses and permits. In addition to the falconry license permit, a falconer must have all other licenses, stamps, and permits required by law. A falconry observer is not required to be licensed for hunting, but an observer shall not assist in the hunt. 102.1(3) Other requirements. Except for the provisions of rule 571—102.2(481A), any person taking game by falconry must comply with all other statutes and rules governing this activity. ITEM 2. Amend subrules 102.2(2) and 102.2(4) as follows: 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 end of the second segment of the season for Canada geese and brant and the start of the third segment of the season first, second, or third segments of the conventional (gun) hunting season for Canada geese and brant. 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 may shall include no more than three migratory game birds, singly or in aggregate. The possession limit is twice the daily bag limit. There are no hawking hour restrictions for nonmigratory game during the legal season. ITEM 3. Amend rule 571—102.4(481A) as follows: 571—102.4(481A) Means and methods of take. No person shall have in possession any firearm or any other implement for the taking of game while hunting game by means of falconry. No falconer or observer may carry a firearm while in the field with a raptor or in the act of falconry.

APPROVED BY GENERAL CONSENSUS

19. HARDWOOD TIMBER SALE STEPHENS STATE FOREST The Natural Resources Commission is asked to approve the sale of an estimated 12,639 board feet of mixed hardwood trees at the Stephens State Forest. The sale consists of 71 trees.

Species Number of Trees by Diameter BF Volume 15" - 19" 20"- 25" 26" + Walnut 44 23 4 12,639

An even-aged management system will be used in accordance with the Stephens State Forest Management Plan to remove walnut trees in 3 stands. Walnut is shade intolerant and an even- aged harvest method is an appropriate method for regeneration. The harvests will allow full

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sunlight and create favorable conditions for the regeneration of walnut and other bottomland hardwood species. Local ecotype walnut seedlings or seed will be planted to supplement the natural regeneration in these stands where appropriate.

A natural areas inventory was conducted, and there are no known threatened and endangered species in the harvest area.

Wildlife den trees will not be marked and will be left standing. Best management practices (BMP’s) will apply to the site. No tops or harvesting residue will be left in adjacent waterways. Harvesting is to occur only when ground is firm or frozen to minimize soil disturbance. Skid trails and landing areas will be repaired following the harvest. No skid trails will be allowed in the SMA (within 50 feet of the adjacent waterway) except at designated stream crossings.

The following bids were received for the sale:

Company Location Amount of Bid Gingerich Sawmill Bloomfield, IA $33,875.00 Kendrick Forest Products Edgewood, IA $33,333.00 Dan Jones Logging Waterville, IA $30,523.00 Wilson Custom Tree Cresco, IA $28,109.00 Graves Forestry Mount Ayr, IA $24,000.00 Batey Ltd. Mt. Pleasant, IA $22,650.00 Patterson Logging Turney, MO $20,000.00

The Commission is requested to approve a contract with the high bidder, Gingerich Sawmill for $33,875.00.

Notice of Timber For Sale

The Iowa Department of Natural Resources (DNR) is soliciting competitive bids from bonded Timber Buyers to purchase, cut, and remove standing timber at Stephens State Forest in Lucas County, Iowa.

Description of Work and Scope of Services: The State of Iowa is offering approximately 12,639 board feet (Scribner) of timber in 71 walnut trees as shown below. The trees are all numbered with blue paint. There are an additional 8 cull trees marked with a blue “X”. These trees may be harvested, but are not included in the board foot volume of the sale. The trees are located on areas as shown on the enclosed map(s). Buyers should satisfy themselves by examination as to the quality and quantity of timber offered. The timber is accessible through state land.

Species Number of Trees by Diameter BF Volume

15" - 19" 20"- 25" 26" + Walnut 44 23 4 12,639

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Timber Buyer shall avoid any unnecessary damage to trees that are not marked for cutting.

Cutting is permitted only during the period of September 16 to April 14 unless otherwise authorized by DNR’s Project Manager. It is the responsibility of Timber Buyer to obtain permission from DNR’s Project Manager prior to working in the area.

Iowa Forestry Best Management Practices must be followed. An Iowa Forestry Best Management Practices Guide is available from the DNR’s website at http://www.iowadnr.gov/forestry/bmps.html. Streams, roads and trails shall remain free of logging debris.

Motor vehicles and logging equipment shall be operated only in designated areas. All logs shall be skid on designated trails, and decked and loaded in designated areas. All skid trails and decking areas shall be returned to satisfactory condition by Timber Buyer once the operation is complete.

Proposed Project Schedule: Trees must be completely removed from the site no later than April 14, 2012.

Submission of Proposals: Proposals shall include a bid proposal including the total amount bid for the offered timber, signature, date, printed name and organization name of the Timber Buyer on the enclosed bid proposal form.

Bonded Timber Buyers shall submit proposals to DNR at the following address:

Jessica Flatt, Area Forester Iowa Department of Natural Resources 1111 North 8th Street Chariton, IA 50049 Fax: 641-774-8089 Email: [email protected]

For the proposal to be considered timely, it must be received by DNR no later than 3:00 p.m. (local time) on September 23, 2010. Any proposal received after this deadline will be rejected and returned to the Timber Buyer. The costs of preparation and delivery of the bid proposal are solely the responsibility of the Timber Buyer.

From the date of issuance of this Notice of Timber for Sale until announcement of the successful Timber Buyer, Timber Buyers may not contact any employee of the State of Iowa about this Bid Notice other than the identified contact person. Timber Buyers may submit written questions relating to the interpretation of this Notice and the procurement process to Jessica Flatt, Area Forester at the above address by no later than September 17, 2010. Written responses to any questions received will be provided to all potential Timber Buyers. Any attempt to discuss this Notice orally or in writing with any members of the DNR evaluation committee, or any employee of the State of Iowa other than the above-named DNR official, will lead to disqualification of that Timber Buyer.

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Payment: The successful Timber Buyer shall make full payment and sign a contract within 14 days of receipt of contract from DNR. No cutting of timber will be permitted until the contract has been signed and full payment made to DNR.

Acceptance Attached Contract Terms and Conditions: By submitting a proposal, each Timber Buyer acknowledges its acceptance of the terms and conditions of the contract located at http://www.iowadnr.gov/forestry/timbersales.html . If a Timber Buyer takes exception to a provision, it must state the reason for the exception and set forth in its proposal the specific contract language it proposes to include in place of the provision. Exceptions that materially change these terms or the requirements of this Notice of Timber for Sale may be deemed non-responsive by the DNR, as determined in its sole discretion, resulting in possible disqualification of Timber Buyer’s proposal. With regard to the contract, DNR and the successful Timber Buyer may agree to modifications to the terms of the contract as necessary to negotiate the terms of a contract. A Timber Buyer’s failure to state an exception to any provision and propose alternative language may be deemed by the DNR to constitute Timber Buyer’s acceptance thereof. DNR reserves the right to refuse to enter into a contract with the successful Timber Buyer for any reason, even after delivery of notice of selection or intent to award a contract.

Miscellaneous Information: The DNR reserves the right to reject any or all proposals, in whole or in part, to advertise for new proposals, and to cancel this Notice at any time prior to the execution of the written contract.

All information submitted by a Timber Buyer may be treated as a public record by the DNR unless the Timber Buyer properly requests that the information be treated as confidential information in accordance with the public records laws of the State of Iowa at the time its proposal is submitted.

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BID PROPOSAL

Timber Buyer’s Proposal shall include an all-inclusive, total price in U.S. Dollars (including all travel, expenses, etc.) for the timber offered.

Amount Bid for 71 walnut trees with an estimated 12,639 board feet of timber on the Cedar Creek Unit of Stephens State Forest.

$______

Signature:______

Date:______

Printed Name and Title:______

Name of Vendor Organization:______

Phone Number:______

Email:______

Motion – Commissioner Rettig Seconded – Commissioner Underwood Decision – Approved by Unanimous Vote

APPROVED AS PRESENTED

20. HARDWOOD TIMBER SALE STEPHENS STATE FOREST The Natural Resources Commission is asked to approve the sale of an estimated 156,400 board feet of mixed hardwood trees at the Stephens State Forest. The sale consists of 865 trees.

Species # of Trees by Diameter # of Trees by BF Volume Species 16" - 20" - 14" 18" 24" 26" + Silver Maple 0 116 139 70 325 54,600 Cottonwood 1 20 41 63 125 45,260 Walnut 3 84 57 1 145 18,480 Red Oak 0 36 40 9 85 13,160 Other 1 103 70 11 185 24,900 Total 5 359 347 154 865 156,400

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An even-aged management system will be used in accordance with the Stephens State Forest Management Plan to remove mixed hardwood trees in 3 stands. The harvests will allow full sunlight and create favorable conditions for the regeneration of walnut and other bottomland hardwood species. Local ecotype walnut seedlings or seed will be planted to supplement the natural regeneration in these stands where appropriate.

A natural areas inventory was conducted, and there are no known threatened and endangered species in the harvest area.

Wildlife den trees will not be marked and will be left standing. Best management practices (BMP’s) will apply to the site. No tops or harvesting residue will be left in adjacent waterways. Harvesting is to occur only when ground is firm or frozen to minimize soil disturbance. Skid trails and landing areas will be repaired following the harvest. No skid trails will be allowed in the SMA (within 50 feet of the adjacent waterway) except at designated stream crossings.

The following bids were received for the sale:

Company Location Amount of Bid Batey Ltd. Mt. Pleasant, IA $58,812.50 Dan Jones Logging Waterville, IA $52,314.00 Hammes Bros. Sawmill Ollie, IA $51,179.00 Wilson Custom Tree Cresco, IA $50,338.00 Gingerich Sawmill Bloomfield, IA $50,120.00 Patterson Logging Turney, MO $37,000.00

The Commission is requested to approve a contract with the high bidder, Batey Ltd. for $58,812.50.

Notice of Timber For Sale

The Iowa Department of Natural Resources (DNR) is soliciting competitive bids from bonded Timber Buyers to purchase, cut, and remove standing timber at Stephens State Forest on the Cedar Creek Unit in Lucas County, Iowa.

Description of Work and Scope of Services: The State of Iowa is offering approximately 156,400 board feet (Scribner) of timber in 865 trees as shown below. The trees are marked with ORANGE or BLUE paint. There are an additional 306 cull trees marked with an ORANGE or BLUE “X”. These trees may be harvested, but are not included in the board foot volume of the sale. The trees are located on areas as shown on the enclosed map(s). Buyers should satisfy themselves by examination as to the quality and quantity of timber offered. The timber is accessible through state land.

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# of Trees by Species # of Trees by Diameter Species BF Volume 16" - 20" - 14" 18" 24" 26" + Silver Maple 0 116 139 70 325 54,600 Cottonwood 1 20 41 63 125 45,260 Walnut 3 84 57 1 145 18,480 Red Oak 0 36 40 9 85 13,160 Other 1 103 70 11 185 24,900 Total 5 359 347 154 865 156,400

"Other" includes: hackberry, basswood, ash, elm, bitternut hickory, bur oak, black oak, white oak, swamp white oak, buckeye, and honeylocust.

Timber Buyer shall avoid any unnecessary damage to trees that are not marked for cutting.

Cutting is permitted only during the period of September 17 to April 13 unless otherwise authorized by DNR’s Project Manager. It is the responsibility of Timber Buyer to obtain permission from DNR’s Project Manager prior to working in the area.

Iowa Forestry Best Management Practices must be followed. An Iowa Forestry Best Management Practices Guide is available from the DNR’s website at http://www.iowadnr.gov/forestry/bmps.html. Streams, roads and trails shall remain free of logging debris.

Motor vehicles and logging equipment shall be operated only in designated areas. All logs shall be skid on designated trails, and decked and loaded in designated areas. All skid trails and decking areas shall be returned to satisfactory condition by Timber Buyer once the operation is complete.

Proposed Project Schedule: Trees must be completely removed from the site no later than April 13, 2012.

Submission of Proposals: Proposals shall include a bid proposal including the total amount bid for the offered timber, signature, date, printed name and organization name of the Timber Buyer on the enclosed bid proposal form.

Bonded Timber Buyers shall submit proposals to DNR at the following address:

Jessica Flatt, Area Forester Iowa Department of Natural Resources 1111 North 8th Street Chariton, IA 50049 Phone: 641-774-4559 Fax: 641-774-8089 Email: [email protected]

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For the proposal to be considered timely, it must be received by DNR no later than 3:00 pm (local time) on Monday, September 27, 2010. Any proposal received after this deadline will be rejected and returned to the Timber Buyer. The costs of preparation and delivery of the bid proposal are solely the responsibility of the Timber Buyer.

From the date of issuance of this Notice of Timber for Sale until announcement of the successful Timber Buyer, Timber Buyers may not contact any employee of the State of Iowa about this Bid Notice other than the identified contact person. Timber Buyers may submit written questions relating to the interpretation of this Notice and the procurement process to Jessica Flatt at the above address by no later than September 20, 2010. Written responses to any questions received will be provided to all potential Timber Buyers. Any attempt to discuss this Notice orally or in writing with any members of the DNR evaluation committee, or any employee of the State of Iowa other than the above-named DNR official, will lead to disqualification of that Timber Buyer.

Payment: The successful Timber Buyer shall make full payment and sign a Contract within 14 days of receipt of Contract from DNR. No cutting of timber will be permitted until the Contract has been signed and full payment made to DNR.

Acceptance Attached Contract Terms and Conditions: By submitting a proposal, each Timber Buyer acknowledges its acceptance of the terms and conditions of the contract located at http://www.iowadnr.gov/forestry/timbersales.html . If a Timber Buyer takes exception to a provision, it must state the reason for the exception and set forth in its proposal the specific contract language it proposes to include in place of the provision. Exceptions that materially change these terms or the requirements of this Notice of Timber for Sale may be deemed non-responsive by the DNR, as determined in its sole discretion, resulting in possible disqualification of Timber Buyer’s proposal. With regard to the contract, DNR and the successful Timber Buyer may agree to modifications to the terms of the contract as necessary to negotiate the terms of a contract. A Timber Buyer’s failure to state an exception to any provision and propose alternative language may be deemed by the DNR to constitute Timber Buyer’s acceptance thereof. DNR reserves the right to refuse to enter into a contract with the successful Timber Buyer for any reason, even after delivery of notice of selection or intent to award a contract.

Miscellaneous Information: The DNR reserves the right to reject any or all proposals, in whole or in part, to advertise for new proposals, and to cancel this Notice at any time prior to the execution of the written contract.

All information submitted by a Timber Buyer may be treated as a public record by the DNR unless the Timber Buyer properly requests that the information be treated as confidential information in accordance with the public records laws of the State of Iowa at the time its proposal is submitted.

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BID PROPOSAL

Timber Buyer’s Proposal shall include an all-inclusive, total price in U.S. Dollars (including all travel, expenses, etc.) for the timber offered.

Amount Bid for 865 trees with an estimated 156,400 board feet (Scribner) of timber on the Cedar Creek Unit of Stephens State Forest in Lucas County, Iowa.

$______

Signature:______

Date:______

Printed Name and Title:______

Name of Vendor Organization:______

Phone Number:______

E-mail:______

Motion – Commissioner Kircher Seconded – Commissioner Underwood Decision – Approved by Unanimous Vote

APPROVED AS PRESENTED

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21. HARDWOOD TIMBER SALE SHIMEK STATE FOREST The Natural Resources Commission is asked to approve the sale of an estimated 100,740 board feet of mixed hardwood trees at the Shimek State Forest. The sale consists of 705 trees.

Species Number of Trees by Diameter BF Volume

14" - 18" 20" -24" 26" + White oak 163 89 9 41,580 Black Oak 67 22 0 12,300 Hickory 117 2 0 12,200 Red oak 44 29 1 11,740 Cherry 30 4 0 3,760 Walnut 3 4 0 1,220 *Other 82 31 3 17,940 Total 511 181 13 100,740

A shelterwood management system will be used in accordance with the Shimek State Forest Management Plan to remove sixty percent of the canopy in this 53 acre stand. The harvest will create small openings and allow for natural regeneration of oak and other tree species. Prescribed fire may be used periodically as a management tool to stimulate oak regeneration and control competing vegetation after the harvest. The remaining trees in the stand will provide a seed source for natural regeneration to supplement the natural oak regeneration already present in this stand. In a few years, when the new forest is well established, the remaining larger trees will gradually be harvested to release the young stand of trees.

A natural areas inventory was conducted, and there are no known threatened and endangered species in the harvest area. Some oaks in this stand are declining due to oak wilt.

Wildlife den trees will not be marked and will be left standing. Best management practices (BMP’s) will apply to the site. No tops or harvesting residue will be left in adjacent waterways. Harvesting is to occur only when ground is firm or frozen to minimize soil disturbance. Skid trails and landing areas will be repaired following the harvest. No skid trails will be allowed in the SMA (within 50 feet of the adjacent waterway) except at designated stream crossings.

The following bids were received for the sale:

Company Location Amount of Bid Hammes Bros. Sawmill Ollie, IA $35,626.00 Jeremy Kubitz Logging Dubuque, IA $32,270.00

The Commission is requested to approve a contract with the high bidder, Hammes Bros. Sawmill for $35,626.00.

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Notice of Timber For Sale

The Iowa Department of Natural Resources (DNR) is soliciting competitive bids from bonded Timber Buyers to purchase, cut, and remove standing timber at Shimek State Forest in Lee County, Iowa.

Description of Work and Scope of Services: The State of Iowa is offering approximately 100,740 board feet (Scribner) of timber in 705 trees as shown below. The trees are all marked with blue paint. There is an additional 235 cull trees marked with a blue “X”. These trees may be harvested, but are not included in the board foot volume of the sale. The trees are located on areas as shown on the enclosed map(s). Buyers should satisfy themselves by examination as to the quality and quantity of timber offered. The timber is accessible through state land.

Species Number of Trees by Diameter BF Volume 14" - 18" 20" -24" 26" + White oak 163 89 9 41,580 Black Oak 67 22 0 12,300 Hickory 117 2 0 12,200 Red oak 44 29 1 11,740 Cherry 30 4 0 3,760 Walnut 3 4 0 1,220 *Other 82 31 3 17,940 Total 511 181 13 100,740

*Other species include basswood, cottonwood, shingle, bur and post oak, honey locust, elm, hard maple, and ash.

Timber Buyer shall avoid any unnecessary damage to trees that are not marked for cutting.

Cutting is permitted only during the period of September 17 to April 13 unless otherwise authorized by DNR’s Project Manager. It is the responsibility of Timber Buyer to obtain permission from DNR’s Project Manager prior to working in the area.

Iowa Forestry Best Management Practices must be followed. An Iowa Forestry Best Management Practices Guide is available on the Iowa DNR Forestry Bureau website at http://www.iowadnr.gov/forestry/bmps.html. Streams, roads and trails shall remain free of logging debris.

Motor vehicles and logging equipment shall be operated only in designated areas. All logs shall be skid on designated trails, and decked and loaded in designated areas. All skid trails and decking areas shall be returned to satisfactory condition by Timber Buyer once the operation is complete.

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Proposed Project Schedule: Trees must be completely removed from the site no later than April 13, 2012.

Submission of Proposals: Proposals shall include a bid proposal including the total amount bid for the offered timber, signature, date, printed name and organization name of the Timber Buyer on the enclosed bid proposal form.

Bonded Timber Buyers shall submit proposals to DNR at the following address:

John Byrd, Area Forester Iowa Department of Natural Resources 33653 Route J56 Farmington, IA 52626 Fax: 641-774-8089 Email: [email protected]

For the proposal to be considered timely, it must be received by DNR no later than 12:00 pm (local time) on Thursday, September 9, 2010. Any proposal received after this deadline will be rejected and returned to the Timber Buyer. The costs of preparation and delivery of the bid proposal are solely the responsibility of the Timber Buyer.

From the date of issuance of this Notice of Timber for Sale until announcement of the successful Timber Buyer, Timber Buyers may not contact any employee of the State of Iowa about this Bid Notice other than the identified contact person. Timber Buyers may submit written questions relating to the interpretation of this Notice and the procurement process to John Byrd at the above address by no later than Thursday, September 2, 2010. Written responses to any questions received will be provided to all potential Timber Buyers. Any attempt to discuss this Notice orally or in writing with any members of the DNR evaluation committee, or any employee of the State of Iowa other than the above-named DNR official, will lead to disqualification of that Timber Buyer.

Payment: The successful Timber Buyer shall make full payment and sign a Contract within 14 days of receipt of Contract from DNR. No cutting of timber will be permitted until the Contract has been signed and full payment made to DNR.

Acceptance of Contract Terms and Conditions: By submitting a proposal, each Timber Buyer acknowledges its acceptance of the terms and conditions of the contract located at http://www.iowadnr.gov/forestry/timbersales.html. If a Timber Buyer takes exception to a provision, it must state the reason for the exception and set forth in its proposal the specific contract language it proposes to include in place of the provision. Exceptions that materially change these terms or the requirements of this Notice of Timber for Sale may be deemed non-responsive by the DNR, as determined in its sole discretion, resulting in possible disqualification of Timber Buyer’s proposal. With regard to the contract, DNR and the successful Timber Buyer may agree to modifications to the terms of the contract as necessary to negotiate the terms of a contract. A Timber Buyer’s failure to state an exception to

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any provision and propose alternative language may be deemed by the DNR to constitute Timber Buyer’s acceptance thereof. DNR reserves the right to refuse to enter into a contract with the successful Timber Buyer for any reason, even after delivery of notice of selection or intent to award a contract.

Miscellaneous Information: The DNR reserves the right to reject any or all proposals, in whole or in part, to advertise for new proposals, and to cancel this Notice at any time prior to the execution of the written contract.

All information submitted by a Timber Buyer may be treated as a public record by the DNR unless the Timber Buyer properly requests that the information be treated as confidential information in accordance with the public records laws of the State of Iowa at the time its proposal is submitted.

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Timber Buyer’s Proposal shall include an all-inclusive, total price in U.S. Dollars (including all travel, expenses, etc.) for the timber offered.

Amount Bid for 705 trees with an estimated 100,740 board feet of timber on the Croton Unit of Shimek State Forest

$______

Signature:______

Date:______

Printed Name and Title:______

Name of Vendor Organization:______

Motion – Commissioner Kircher Seconded – Commissioner Schemmel Decision – Approved by Unanimous Vote

APPROVED AS PRESENTED

22. DECORAH FISH HATCHERY INTERPRETIVE CENTER The Friends of the Decorah Fish Hatchery was established as a 501(c)3 friends group in May 2009. Their enthusiasm and passion for the area led them to begin working immediately. Upon establishing the friends group, the board of directors worked with staff and determined the first project they would undertake was the construction of an interpretive center with modern restrooms on the fish hatchery property. The current public restroom at the hatchery is a 1930’s pit latrine constructed by the Civilian Conservation Corps. Although the pit latrine building is architecturally beautiful, it is not universally accessible to all hatchery visitors.

The hatchery has always been a destination point for visitors to the Decorah area and Northeast Iowa. Annually, thousands of people come to the fish hatchery to see the fish tanks, feed the fish in the raceway, and fish at Trout Run Creek, one of the most universally accessible trout streams in the Midwest and was voted Winneshiek County’s favorite trout stream in 2010. Visitation to the hatchery has more than doubled in the past few years as a result of two new local features: 1) the increased popularity of the bald eagles nest that is located across the street from the fish hatchery, and 2) the construction of the Decorah Trout Run Bike Trail, which runs through the north end of the hatchery property. Although the bike trail has parts of it still under construction, we anticipate hatchery visitors will continue to increase as those sections are completed. Currently, the hatchery is the only established trail head for the bike trail.

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Along with the modern restrooms, the interpretive center will have a self guided educational component. Free-standing kiosks will provide information about topics such as the history of the hatchery, water quality, local natural resources and topography, and will eventually direct visitors to a path through the hatchery prairie that was established in 2005. The extended plan is to eventually have kiosk displays throughout the prairie and the hatchery.

The friends group has been actively raising funds and applying for grants to construct the interpretive center which has an estimated project cost of $250,000. Currently, they have raised over half the money and have substantial in-kind commitments for building materials needed. The architecture and materials used are being coordinated to complement the natural beauty of the area. Upon completion of the project, the friends group will hold an official ceremony to donate the interpretive center to the Department.

INFORMATIONAL ONLY

23. REAP COUNTY CONSERVATION BOARD GRANTS The Department requests Commission approval of the recommendations of the Project Review and Selection Committee for REAP County Conservation Board (CCB) grants. That group met September 9, 2010 to evaluate project applications. Committee members are; Jim Liechty, Chair (Madison CCB), Julie Ohde (Louisa CCB), Mark Peterson (Woodbury CCB), Angela Corio (DNR Parks Bureau), and Tom Anderson (DNR Land Quality Bureau).

Twenty applications totaling slightly more than $5 million in grant requests were submitted for consideration during this FY 11 grant round. Available funds total $1,196,158. Below are the top ranking projects, heading the list in boldface type. Note that 7th ranked project of Dubuque CCB will be funded at more than 97% its requested amount, in its use of all remaining funds after the first six are fully funded.

REAP was appropriated at $15 million in FY 11. If REAP were fully funded at $20 million, both Chickasaw and Howard County projects would have also been approved.

In the event that any of the top grants are unable to execute their project, approval is sought to offer those funds down the list in the ranking order as shown.

CCB APPLICANT RANK TOTAL POINTS GRANT PROJECT NAME REQUEST

Pottawattamie 1 145.80 $242,500.00 Rayburn Addition Dubuque 2 142.60 $39,440.00 Duggan Addition-Bankston Recreation Area Fayette 3 141.80 $64,718.75 Rush Farm Johnson 4 137.00 $512,642.00 Clear Creek Trail - Ireland Avenue to Half Moon Avenue Clay 5 137.00 $159,000.00 Nelson Property Woodbury 6 135.25 $80,000.00 Fragile Giants Exhibit Renovation Jelinski Addition to Swiss Valley Park (funded @ Dubuque 7 135.20 $100,000.00 $97,857.25)

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Troyna Acquisition If REAP were fully funded, Chickasaw Co. Chickasaw 8 132.40 $278,000.00 would have been approved. Minear Ridge Addition to Vernon Springs Park in the Turkey River Corridor If REAP were fully funded, Howard Co. would Howard 130.80 $98,000.00 have been approved. Buchanan 9 130.20 $80,000.00 Sustainable Living Cabins Clayton 10 129.80 $358,374.00 Osborn Cabin Complex Development Polk 11 127.80 $98,000.00 Two Dam Pond Project Mills 12 127.20 $400,000.00 Acquisition of Camp Neyati, former Girl Scout Camp Dubuque 13 127.00 $383,400.00 Miller-McGrath Addition to Heritage Trail Mitchell 14 125.40 $345,000.00 Rock Creek Wildlife Area Education Center Expansion - Wickiup Hill Outdoor Learning Linn 15 124.60 $250,000.00 Center Cotton Tract, Raccoon River Greenbelt Addition, Kuehn Dallas 16 123.20 $152,800.00 Conservation Area Palo Alto 17 120.20 $213,000.00 Silver Lake Acquisition Raccoon River Valley Trail Dawson Depot and Amenities Dallas 17 119.20 $35,831.00 Project Des Moines 18 108.00 $500,000.00 Baker Property Acquisition Henry 18 106.40 $250,000.00 Oakland Mills Trail Lee 19 104.00 $234,768.00 Wilson Lake Park Improvements Greene 20 98.40 $145,000.00 Raccoon River Valley Trail Shower/Restroom Facility Total $5,020,473.75

Motion – Commissioner Underwood Seconded – Commissioner Garst Decision – Approved with one abstention (Rettig)

APPROVED AS PRESENTED

24. REAP CITY PARKS AND OPEN SPACE GRANTS The Department requests Commission approval of the recommendations from the Project Review and Selection Committee for REAP City Parks and Open Space Grants. This committee met on September 8th to evaluate project applications. Committee members are; Ron Walker, Chairperson (Arnolds Park City Administrator), Sherri Proud (Coralville Park and Recreation Director), Kelley Canfield (Clive Parks and Recreation Director), Pat Prevenas (Dubuque Park and Recreation Director), and Kim Bogenschutz (Aquatic Nuisance Biologist, DNR Fisheries Bureau).

Fifty applications totaling $4.4 million in grant requests were submitted for consideration during this FY 11 grant round for large, medium and small cities. Available funds total about $2.2 million and would be consumed by the top 23 grants that are recommended for funding this year.

The tables below show the top cities to be funded, in boldface, for each category of city size. In case any of the top-ranked grants cannot be implemented, your approval is requested for all grant

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rankings so that the Department may award additional projects in the order ranked below until the money is fully obligated.

REAP CITY PARKS AND OPEN SPACE GRANT PROGRAM - September 2010 LARGE CITIES - Population more than 25,000 -- $1,018,005 available CITY and RANK GRANT PROJECT NAME POPULATION REQUEST Iowa City 62,220 1 $200,000 Terry Trueblood Recreation Area - Phase II Ankeny 27,117 2 $150,000 Gay Lea Wilson Trail Extension, Carney Marsh to Des Moines Council Bluffs 58,268 3 $200,000 East Manawa Trail Project Waterloo 68,747 4 $171,902 Riverview Recreation Area Passive Unit Enhancements Burlington 26,839 5 $150,000 Flint River Trail (Phase I Approach) Sioux City 85,013 6 $300,000 Big Sioux River Dike Trail (funded @ $146,103) Iowa 32 Bike/Hike Trail - Phase 4 If REAP fully funded Dubuque Dubuque 57,686 7 $200,000 would have been approved. Cedar Falls 36,145 8 $150,000 Cedar River Whitewater Enhancements Bettendorf 31,275 9 $150,000 Crow Creek Trail - Phase III Marshalltown 26,009 10 $149,550 Riverview Park Development Phase II Total $1,821,452

MEDIUM CITIES - Population 2,000 to 25,000 -- $733,394 available CITY and RANK GRANT PROJECT NAME POPULATION REQUEST Belle Plaine 2878 1 $75,000 Beautiful Plaines Prairie Project Albia 3706 2 $26,500 Albia City Reservoir Phase II (Access Acquisition) Spencer 11,317 3 $125,000 Little Sioux River Trail-Phase II and III Cherokee 5369 4 $74,980 Cherokee, IA Rail Bed Acquisition for Future Trail Chariton 4593 5 $75,000 Chariton East Lakes Project - Year 3 Waukon Driftless Area Oak Savanna Preservation and

Waukon 4131 6 $75,000 Education Project Wapello 2124 7 $75,000 Fishing Pier and Riverfront Recreational Trail Clive 12,855 8 $125,000 Clive Aquatic Center Trail Connection Raccoon River Valley Trail - Rest Area and Trail Head Waukee 5126 9 $100,000 Improvements (funded @ $81,914) Denison 7339 10 $100,000 Northwood Walking Trail and Native Area Bloomfield 2601 11 $75,000 Bloomfield Community Recreation Trail Hear of the Warrior Trail If REAP fully funded Denison, Bloomfield

Waukee 5126 12 $97,459 and Waukee would have been approved. Emmetsburg 3958 13 $75,000 Five Island Lake Recreational Trail Wellness Trail Pammel Park Storm Shelter/Shelter House with Handicap Bathroom

Forest City 4362 14 $75,000 Facilities Rock Rapids 2593 15 $75,000 Moon Creek Trail Extension Decorah 3172 16 $49,800 Norm Smith Park Total $1,298,739

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SMALL CITIES - Population less than 2,000 -- $491,396 available CITY and RANK GRANT PROJECT NAME POPULATION REQUEST Janesville 829 1 $44,500.00 Park Master Plan Implementation - Phase 1 Marquette 421 2 $50,000.00 Iowa Great Places Wetland Centre (qualifies for $50K only) Lake View 1278 3 $75,000.00 Black Hawk Lake Trail Phase II Riverside 928 4 $50,000.00 Riverside Trail - Phase 1 Woodward 1200 5 $75,000.00 Woodward High Trestle Trailhead Columbus Junction 1900 6 $75,000.00 Chautauqua Park Enhancements Slater 1306 7 $75,000.00 South Side Park Improvements/Expansion Eldon 998 8 $50,000.00 Chippewa Park and Trail Extension (funded @ $46,896) Fredericksburg 984 9 $50,000.00 Plum Creek Nature Trail Development Jewell 1239 10 $75,000.00 JewEllsworth Trail JewEllsworth Trail Paving If REAP fully funded Fredericksburg, Ellsworth 531 11 $50,000.00 Jewell and Ellsworth would have been approved. Epworth 1428 12 $75,000.00 Epworth Trail Extension Granger 583 13 $50,000.00 Granger Community Center Park --Phase III Monroe 1838 14 $75,000.00 Monroe Recreational Trail Minburn 391 15 $50,000.00 Minburn Depot - Raccoon River Valley Trail Head Odebolt 1153 16 $28,500.00 Odebolt Memorial Walk Extension Turkey River Recreational Corridor: Elkader School Trail

Elkader 1465 17 $75,000.00 Segment West Point 980 18 $75,000.00 Town Square Shelter House Renovation Westwood 127 19 $27,500.00 Westwood Park Shelter Dedham 280 20 $30,000.00 Dedham Park Shelter Improvements Lawler 461 21 $49,287.00 Lawler Recreation Trail - Phase 1 Clermont 716 /Elgin Turkey River Recreational Corridor: Elkader School Trail

676 22 $49,956.00 Segment Schleswig 833 23 $50,000.00 RV Enhancement Quasqueton 574 24 $47,907.21 Shower House in City Park Total $1,352,650.21

Motion – Commissioner Kircher Seconded – Commissioner Underwood Decision – Approved by Unanimous Vote

APPROVED AS PRESENTED

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25. REAP PRIVATE PUBLIC COST-SHARE GRANTS – SEPTEMBER 2010 The Department requests Commission approval of the recommendations of the Project Review and Selection Committee for the REAP Public/Private Cost-Sharing Grants. The committee requests full funding for the two projects. Committee members include; Paul Tauke (DNR Forestry), Kevin Szcodronski (DNR State Parks), Jeff Joens (DNR Wildlife); Jon Kruse (Storm Lake area); Glenn Vondra (Adel area).

A total of $418,655 is available from the DNR’s REAP Open Spaces Account to cost share with private entities for the purchase of high-quality natural areas that become state-owned property.

Applicants must provide at least 25% of the project cost. There were two applications for grants that totaled $400,250 in requests. The unused $18,405 will be added to the 2011 REAP Public- Private Cost Share.

2010 REAP Public-Private Cost Share - $418,655 available: PROJECT NAME - AMOUNT AMOUNT ACRES APPLICANT COUNTY REQUESTED RECOMMENDED

Tuttle Property Addition - Iowa Natural Heritage Cherokee $221,250 $221,250 142 Foundation

Chytka Addition to Stone State Iowa Natural Heritage Park - Woodbury $179,000 $179,000 70 Foundation TOTAL $400,250 $400,250 212

Motion – Commissioner Underwood Seconded – Commissioner Rettig Decision – Approved by Unanimous Vote

APPROVED AS PRESENTED

26. NATURAL RESOURCE BASED BUSINESS OPPORTUNITIES GRANT PROGRAM Commission approval is requested for the Natural Resource Based Business Opportunities Grant (NRBBOG) Program. A total of $142,500 was appropriated from the DNR Environment First Fund for the development of projects related to natural resource-based business opportunities; an additional $7,500 was made available to the Department to administer the program, for a total appropriation of $150,000. Another $24,065 of undistributed funds from the last grant cycle is also available (undistributed funds declined by the RC&D are due to incompletion of their project within the two-year project period). Total dollars available for awards, therefore, is $166,565. Local Resource Conservation and Development boards (RC&D) sponsored by county governments or Soil and Water Conservation Districts were eligible to receive funding on a dollar-to-dollar or in-kind match basis.

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The NRBBOG Review Committee consisting of Jim Gillespie of IDALS Division of Soil Conservation, and Iowa League of RC&Ds Executive Committee Members Warren Johnson, Jim Frederick, Duane McFadden, Rick Juchems, and Dennis Schwab convened on September 7, 2010 to review 18 RC&D projects requesting $327,346 in funding. Based upon a competitive scoring system that considers whether businesses use natural resources in a sustainable way, the Department requests approval of the grants listed below (see attached summary description for each project).

The Department recommends fully funding the top eight ranked projects with partial funding for the ninth-ranked project. .

Grant Grant Applicant Project Request Award Chariton Valley RC&D Enviro Logs $25,000 $25,000 Northeast Iowa RC&D The Chairshop: A Revival of Skilled Craftsmanship $25,000 $25,000 Northeast Iowa RC&D Upper Iowa Organics $25,000 $25,000 Value Added Products Rescue Small Rural Prairie Rivers RC&D Businesses $25,000 $25,000 M&M Divide RC&D Carroll Community Market Coop $16,500 $16,500 Golden Hills RC&D Loess Hills CSA $5,214 $5,214 Limestone Bluffs RC&D Knot Enough Thyme Expansion Project $6,200 $6,200 Standard Exchange: Outdoor Equipment Repair Prairie Winds RC&D and Rentals $25,000 $25,000 Iowa Valley RC&D Walking Stick Adventures $25,000 $13,651 Total $166,565

The projects described in the table below represent the unsuccessful grant applicants. They are provided for the Commission’s information but are not recommended for funding at this time.

Grant Applicant Project Request Iowa Heartland RC&D Strenghtening 16 Small Farm Businesses $15,000 Golden Hills RC&D Rubber Duck Outfitters $18,397 Iowa Interpretative Services-Interpretating Iowa's Prairie Partners RC&D Resources $12,000 Cedar Valley RC&D Upper Wapsi Nature Resource Business Development $24,000 Northeast Iowa RC&D A Great Website Worth a Million Visitors $25,000 Facilitating Creation of Entrepreneurial NR Based Southern Iowa RC&D Businesses $25,000 Iowa Valley RC&D Amana Colonies Historic Cabins Project $10,035 Golden Hills RC&D Archeological Survey at the Glenwood Resource Center $7,500 Iowa Lakes RC&D Simple Solutions Supporting Rural Communities $12,500

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Natural Resource Based Business Opportunities Grant Program FY 2011 Summaries of Recommended Projects

Enviro-Logs – Chariton Valley RC&D will develop a business that will make fireplace/campfire logs from natural materials with the main components of sawdust, grasses, and binders. This project will utilize $25,000 in NRBBOG funds and in-kind match of $177,000.

The Chairshop: A Revival of Skilled Craftsmanship – Northeast Iowa RC&D will develop a business that will utilize sustainably harvested forest products in the construction of high-end chairs for sale through a national collective, The Boggs Collective. This project will utilize $25,000 in NRBBOG funds and in-kind match of $28,525.

Upper Iowa Organics – Northeast Iowa RC&D will work to develop a composting business which will collect and recycle yard and food waste from major generators in Northeast Iowa including restaurants, grocery stores, schools, and residents to create high quality vemi-compost and compost-based soil amendments for sale to the public. This project will utilize $25,000 in NRBBOG funds and in-kind match of $78,940.

Value Added Iowa Forest Products Rescue Rural Small Business – Prairie Rivers RC&D will work with Logging and Lumber of Unionville, Iowa. Torrential rains since early May have prevented transporting logs. Prairie Rivers RC&D will assist with transporting the logs to the sawmill for processing into value added products. In addition, this project will assist with hiring an operations manager to oversee the marketing and utilization of the value added Iowa forest products. This project will utilize $25,000 in NRBBOG funds and in-kind match of $65,000.

Loess Hills cCSA – Golden Hills RC&D will work with four diversified, qualified growers in Pottawattamie County to produce fresh, healthy food for local consumption. This project will utilize $5,214 in NRBBOG funds and in-kind match of $8,600.

KET Expansion Project – Limestone Bluffs RC&D will assist Knot Enough Thyme Ltd. (KET) to meet ever- increasing customer demand for KET products (culinary blends and dips from organic herbs) by helping expand production, staffing, and marketing. This project will utilize $6,200 in NRBBOG funds and in-kind match of $6,487.

Standard Exchange: Outdoor Equipment Repair and Rentals – Prairie Winds RC&D will develop a new outdoor business serving as the only canoe/kayak/bicycle/outdoor equipment rental shop within the newly designated Winnebago River Water Trail. The business will offer shuttle service, canoe, kayak, and bicycle rentals, and outdoor equipment rentals on items such as chainsaws, leaf blowers, and hedge trimmers. In addition, they will perform lawn mower and snow blower repair, marine and watercraft engine repair as well as general automotive maintenance. This project will utilize $25,000 in NRBBOG funds and in-kind match $71,800.

Walking Stick Adventures: A Natural Resources Education Business Model – Iowa Valley RC&D will establish an eco-tourism business in the Amana Colonies that provides hands-on experiential activities, outdoor skills workshops and equipment rental services for visitors of all ages while complimenting existing historical, cultural, and agricultural educational opportunities and businesses in the Amana Colonies. This project will utilize $13,651 in NRBBOG funds and in-kind match of $34,700.

Motion – Commissioner Rettig Seconded – Commissioner Underwood Decision – Approved by Unanimous Vote

APPROVED AS PRESENTED

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

Donation To: Amount: Description: Donation Provided by:

Mississippi $500.00 Visual Implant Tags for the Mississippi River Mike Bisdorf River Walleye Fisheries Research staff to implant in walleye to Research Project evaluate the 20-27 inch release slot regulation on the Mississippi River Mines of Spain $350.00 Taxidermy labor and materials to mount White Branden Post Tailed Deer Head which is all white. Mines of Spain $1,475.74 Creation of bird viewing area at EB Lyons Kyle Schroeder Center which includes a retaining wall and feeders. Mines of Spain $320,000.00 New exhibits in the EB Lyons Center, which Friends of Mines of includes information on archeology, Native Spain Americans, Julien Dubuque, Lead Mining, Prairies, forests, waters edge, a children’s area, and aquariums. Mines of Spain $1,152,265.17 7400 sq. ft. building addition to the 6300 sq. ft. Friends of Mines of EB Lyons Center. Includes science room, library, Spain new office space, restrooms, atrium area, archive room, birding room, ADA accessibility, and fire suppression system. The addition entailed elaborate labor in planning, preparation, coordination and fundraising for the EB Lyons Center project. This includes work related to the feasibility study, programs, fundraisers, and the tracking of funds.

Motion – Commissioner Kircher Seconded – Commissioner Schemmel Decision – Approved by Unanimous Vote

APPROVED AS PRESENTED

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October 14, 2010 Natural Resources Commission Minutes

28. 2011 NRC MEETING DATES AND LOCATIONS The Department requests Commission approval to proceed with scheduling of the 2011 Natural Resources Commission meeting dates and locations as indicated below.

January 19, 2011 – Legislative Breakfast, State Capitol, Des Moines, 7:30am-9:00am January 19, 2011 – Joint NRC/EPC Meeting, Des Moines, 10:00am-3:00pm January 20, 2011 – Henry Wallace State Office Building, Des Moines, 8:30am start time February 10, 2011 – Henry Wallace State Office Building, Des Moines, 10:00am start time March 10, 2011 – Henry Wallace State Office Building, Des Moines, 10:00am start time April 13, 2011 – Appanoose County – NRC Tour April 14, 2011 – Appanoose County – NRC Tour May 12, 2011 – Henry Wallace State Office Building, Des Moines, 10:00am start time June 9, 2011 – Henry Wallace State Office Building, Des Moines, 10:00am start time July 13, 2011 – Joint NRC/EPC Meeting, Des Moines, 10:00am-3:00pm July 14, 2011 – Henry Wallace State Office Building, Des Moines, 8:30am start time August 10, 2011 – Monona County – NRC Tour August 11, 2011 – Monona County – NRC Meeting, 8:30am start time September 8, 2011 – Henry Wallace State Office Building, Des Moines, 10:00am start time October 13, 2011 – Henry Wallace State Office Building, Des Moines, 10:00am start time November 10, 2011 – Henry Wallace State Office Building, Des Moines, 10:00am start time December 8, 2011 – Henry Wallace State Office Building, Des Moines, 10:00am start time

Motion – Commissioner Garst motioned to amend the proposed 2011 NRC meeting schedule with the following changes: • Hold the January NRC meeting as usual on the 2nd Thursday of the month (January 13th) • Remove the January 19th Joint EPC/NRC meeting • Add NRC Planning and Education Sessions o January 12, 2011, Des Moines, 12:00pm start time o May 11, 2011, Des Moines, 12:00pm start time • Change the July 13, 2011 to NRC/EPC Planning and Education Session Seconded – Commissioner Rettig Decision – Approved as Amended by Unanimous Vote

APPROVED AS AMENDED

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GENERAL DISCUSSION ¾ Lead Action Plan o Interim Director Boddy & Dale Garner updated the commission on the progress being made on educational materials entitled: ‘Get the Lead Out’. o Commissioner Garst expressed concern to Interim Director Boddy over the bolded text used on the venison HUSH bag because there had been no research conducted on lead poisoning through venison that is distributed through the HUSH program. o Dale Garner reminded the commission that the specific language including the bolded text was what was presented and agreed upon at the meeting with the commission and the Department of Health attended. o Both Commissioners Garst and Rettig stated that until the research is done they would like any future bags orders be modified to unbold the text.

¾ NRC Legislative Report • Commissioner Drees suggested splitting up priority topics and he would compile and edit the final report. • Commissioner Underwood volunteer to assist writing State Park section • Commissioner Garst suggested that they not be so bureau driven but to be more initiatives the commission would like to see. (ie: some of the $5M go for land management of state parks) • Commissioner Rettig suggested that in order to have full discussion on the topic it should be on a future agenda. • Commissioner Drees would like to have commission come to the next meeting with some initiatives that they would like to cover in the legislative report.

¾ Commissioner Schemmel • Would like to have presentation of Easement Process.

¾ Commissioner Rettig • I-Jobs spreadsheet provided does not include all project totals would like to see final • ATV Contracts – Would like to see report/presentation on why contracts or grants are not brought before the NRC for approval.

¾ Commissioner Underwood • Thanked staff for informational tours the past two months • Would like a brief update to the commission on the State Parks Image Guide meetings. • Recycling in State Parks pilot project

¾ Commissioner Kircher • In November she will be speaking on behalf of the Commission at the State Parks all staff meeting and welcomed input from fellow commissioners on speaking points.

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¾ Commissioner Garst • Enjoyed tour the previous day but found a big difference in the park managed land to that of the adjacent wildlife managed land. She challenged the department to come up with a solution to have a more cooperative effort for managing all state owned lands. o Dale Garner advised that the Conservation & Recreation Division is currently having ongoing discussions on that topic. They are trying to find some flexibility within the conservation and recreation division for options to share equipment, etc. • Would like to see presentation on Farm Leases at future meeting. • HCR signage o Interim Director Boddy explained progress being made on sign placement.

¾ Commissioner Drees o Commented that the decisions made by this commission do have positive impacts, the decision to reduce the boat speed limit on the lakes in Dickinson County from 10mph to 5mph within 300ft of shore – It Works!

INFORMATIONAL ONLY

ITEMS FOR FUTURE MEETINGS: • NRC Legislative Report to be on November agenda prior to HCR update • Future possible presentations: o Conservation Easements o Farm Leases

UPCOMING NRC MEETING DATES: • 11/10/10 – Henry Wallace State Office Building, Polk County • 12/9/10 – Henry Wallace State Office Building, Polk County

ADJOURNMENT Motion was made by Commissioner Kircher to adjourn the meeting. Seconded by Commissioner Underwood. Approved by Unanimous Vote. With no further business to come before the Natural Resource Commission, Chairperson Gregory Drees adjourned the meeting on October 14, 2010 at 3:25 p.m.

APPROVED – MEETING ADJOURNED

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October 14, 2010 Natural Resources Commission Minutes

INDEX

* D *Cass County – Lake Anita State Park – Decorah Fish Hatchery Interpretive Center, Trail Completion, 4 49 *Ducks Unlimited Marsh – Clay Co. – Dickinson County – Hales Slough – Estes Conlon, 12 WRP, 4 *Ducks Unlimited Marsh – Clay Co. – Donations, 57 Nelson/Doneskey, 12 *Final Rule for Chapter 101—Falconry F Regulations, 25 Francis Lee Pool WMA – Keokuk Co. - *Final Rule for Chapter 61 – State Parks and Land Exchange Proposal, 14 Recreation Areas, 20 *Final Rule: Chapter 102—Falconry G Hunting Regulations, 31 *NOIA for Chapter 14 – Concessions, 14 General Discussion, 59 *Notice of Termination – Chapter 65 – H Fireworks Displays, 22 *Wapsipinicon County Club Clubhouse Hardwood Timber Sale Shimek State Forest, Restoration Contract, 23 43 Hardwood Timber Sale Stephens State 2 Forest, 32, 37 2011 NRC Meeting Dates and Locations, 58 Honey Creek Destination Resort State Park – Monthly Update, 2 A I Adjournment, 60 Approval of Agenda, 1 Interim Director Remarks, 2 Approval of Minutes from September 9, L 2010 and September 23, 2010, 1 Land Acquisition Projects, 11 B Land Management Projects, 9 Big Springs Hatchery Building Design, 8 M C Mini-Wakan State Park and Lake Macbride Call to Order, 1 State Park design delivery orders, 6 Clear Creek Wildlife Management Area – N Allamakee Co. – Goldmann, 11 Commissioners Absent, 1 Natural Resource Based Business Commissioners Present, 1 Opportunities Grant Program, 54 Consent Agenda, 3 Construction Projects, 4 P Palisades Kepler State Park Access Encroachment, 24

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Palo Alto County – Lost Island Lake – Fish Barriers and Water Control Structures, 5 Pine Ridge Recreation Area – Hardin County – Hardin CCB, 9 Professional Services Contracts – Delivery Order Approval, 6 Public Participation, 1

R REAP City Parks and Open Space Grants, 51 REAP County Conservation Board Grants, 50 REAP Private Public Cost-share Grants – September 2010, 54

S Small Construction Project Contracts, 9 Spring Branch Creek – Delaware Co. – Tibbott, 13

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