MINUTES OF MEETING -. MICHIGAN NATURAL RESOURCES COMMISSION University Inn - Big Ten Room 1100 Trowbridge Road East Lansing, Michigan March 10, 1982 PRESENT E. M. Laitala, Acting Chairman Jacob A. Hoefer Paul H. Wendler Joan L. Wolfe Charles G. Younglove Howard A. Tanner, Director John M. Robertson, Executive Assistant ABSENT Hilary F. Snell Harry H. Whiteley ~ The meeting convened at 7:30 p.m. GOVERNOR'S REPORT TO THE PEOPLE The Commission watched Governor Milliken's television presentation to the people on Michigan's economy and budget. (Copy on file with Executive Assistant.) PONTIAC LAKE Director Tanner provided the Commission with a letter regarding Senator Kammer's request of February 16, requesting specific information concerning the Pontiac Lake situation. Director Tanner shared with the Commission: 1) a summary of events; 2) a chronology of events: 3) a discussion of aeration responsibility; and 4) a documentation of fish loss and a restocking reevaluation. He indicated to the Commission he had reviewed the possibility of bringing suit to recover damages and to determine whether or not the Oakland County Drain Commission would be liable. He futher indicated that staff had discussed the merits of both with the Department of Attorney General and had been advised that, while there were legal theories that one might use to institute a claim, the facts presented to date with respect to the role of the Drain Commissioner were not persuasive enough that the Department should seek legal action to recover damages. " Minutes March 10, 1982 . ( Page 2 .... Director Tanner indicated • that he intended to continue discussion of the fish management plan with the Commission in the immediate future. He advised that once the Department had completed its deliberations, he would respond to the Senator and he intended to encourage the involvement of the local citizens and interested organizations of the Pontiac Lake community through public discussion of the restocking plan. Following considerable discussion between the Commission and staff, the question of responding to the Senator's request· to meet privately with the Commission came up. After discussion as to whether or not it would be legal for the Commission to meet privately, as suggested by the Senator, Commissioner Wolfe, supported by Commissioner Younglove, moved that the Commission should meet in open session with Senator Kammer unless assured by the Attorney General Office that the Commission could meet privately as a quorum within the legality of the Open Meetings Act. The motion carried by voice vote. SAND DUNE PROTECTION AND MANAGEMENT ACT - PETITION OF MARTIN-MARIETTA AGGREGATES - Cause No. 79-2-222 Executive Assistant Robertson indicated that Assistant Attorney General John Wernet had recommended that he meet with the Commission with reference to ongoing litigation regarding Petition of Martin-Marietta ( Aggregates - Cause No. 79-2-222. Commissioner Younglove, supported by Commissioner Wendler, moved that • the Natural Resources Commission go into closed session pursuant to the Open Meetings Act at 9:00 a.m., Thursday, March 11, for the purpose of discussing with their legal counsel the Petition of Martin-Marietta Aggregates. On a roll call vote, Commissioners Hoefer, Wendler, Wolfe ll and Younglove voted "yes ; Commissioner Laitala voted "no"; Commissioners Snell and Whiteley absent. Motion carried. ADJOURNMENT The meeting adjourned at 10:30 p.m. ( MINUTES OF MEETING MICHIGAN NATURAL RESOURCES COMMISSION Law Building Auditorium - Lansing March 11-12, 1982 PRESENT E. M. Laitala, Acting Chairman Jacob A. Hoefer Hil ary F. Snell Paul H. Wendler (Thursday only) Joan L. Wolfe Charles G. Younglove * * * Howard A. Tanner, Director John M. Robertson, Executive Assistant ABSENT Harry H. Whiteley * * * PUBLIC APPEARANCES Anderson, Russ, Chairman, Mason County Board of Commissioners Bacon, Blaine, City of Scottville Cain, Carol, Ludington Chamber of Commerce Carter, Burt, Mason County Fin and Feather Club Collins, Virginia, Mason County Resort Association Dans, Richard, Ludington Daily News Fuerstenau, Gordon, Macomb County Soil Conservation District Halverson, Bernie, Michigan Guide Association Hamilton, Bob, Michigan Steelhead and Salmon Fishe.rmen's Association Kammer, Kerry, State Senator Ludwig, James, Environmental Consultant Maynard, Bob, Oceana County Nelson, Ron, Michigan Farm Bureau Raven, Dean, Scottville Chamber of Commerce Reed, Lena, Constantine Thompson, Chuck, retail business operator Washington, Tom, Executive Director, Michigan United Conservation Clubs Whitney, Ken, Michigan Charter Boat Operators Minutes March 11-12, 1982 Page 2 MARTIN-MARIETTA AGGREGATES PETITION The Natural Resources Commission met in closed session regarding the Sand Dunes Protection and Management Act - Petition of Martin-Marietta Aggregates - Clause No. 79-2-222. Acting Chairman Laitala called the regular monthly meeting of the Natural Resources Commission to order at 10:10 a.m. STAFF REPORTS AIR POLLUTION CONTROL COMMISSION REPORT Robert Miller, Chief, Air Quality Division, presented the Air Pollution Control Commission (APCC) Report (Copy on file with Executive Assistant.) The APCC passed a resolution directing staff to initiate administrative proceedings for revocation of the permit to install and denial of the permit to operate the Liquid Disposal facility in Shelby Township. The Attorney General's Office will report this action to the Judge who has jurisdiction over the case, before beginning administrative action. The APCC approved the permit, with conditions resulting from concerns expressed at public hearings, for General Motors Corporation, Chevrolet Motor Division in Bay City, to burn PCB contaminated waste oil in their boiler. - Miller reported on amendments proposed to the Federal Clean Air Act. The Commission asked to become more involved when important revisions tb legislation are being considered. Assistant Director Cleary said a process needs to be developed to make sure the Commission is aware of, and has opportunity for, input into proposed legislation. A legislative package could be put together and status reports developed. Miller will provide detailed information on the Clean Air Act amendment proposals to the Commission during this meeting. Commissioner Hoefer said that comparisons should be made with the regulations of surrounding'states, as there is merit in uniformity. Miller discussed gas sweetening facilities. Staff is encouraging companies to consolidate and utilize larger facflities to serve several wells more efficiently. Discussion followed on the sour gas odor problems at Petrotech in Ingham County. LIBERALIZED SALMON FISHING John A. Scott, Chief, Fisheries DiviSion, presented the ideas, activities, conclusions and recommendations of the Liberalized Salmon Fishing Task Force. Recommendations on fisheries management include: Minutes March 11-12, 1982 Page 3 elimination of liberalized salmon fishing for the 1981 season on the Grand, St. Joseph and Kalamazoo Rivers; that the Legislature should not be asked to fund an economic study until after the task force reviews availab1e economic data and finds it inadequate for purposes of their deliberations; endorsement of the continued closure of the St. Joseph, Kalamazoo and Grand Rivers for 1982 to liberalized salmon fish and reopening of the Sable River to foul-hooking; and recommends no further action on snagging closures until review of results of this year; that the task force remain active to provide advice on future contemplated changes in the liberalized salmon fishing rules. Commissioner Snell said the task of providing an economic impact study shoul d be dealt with as the issue of economi cs wi 11 always be an excuse to continue snagging. Commissioner Wendler expressed concern about the Department1s change in position from a solid stand against snagging; this change in position does not solve the problems of the Department1s responsibility to protect the resource. Scott reported that the Department has "put on hold", rather than changed its position. He discussed the opinion surveys which were conducted on keeping snagging as is or expanding it--in contrast to those who want it reduced or eliminated. PUBLIC APPEARANCE Senator Kerry Kammer addressed the Commission on several matters involving ~' alleged unresponsiveness and ineptness by the Department. He mentioned several names of Department personnel and several situations as examples of this unresponsiveness and ineptness. Particular instances involved were the legislative liaison practices, the Weber landfill, air and water surveillance fees and most recently the Pontiac Lake fish kill. He charged that these incidents are reflective of an attitude of arrogance and deception and not in keeping with responsible administration. Director Tanner explained the events surrounding the Pontiac Lake issue and said the restocking plan will be as good as can be made. He advised he would conduct further analysis of the agency1s actions (including the Senator1s specific allegations and comments) for review by the Natural Resources Commission. The meeting recessed for lunch at 12:40 p.m.; reconvened at 1:30 p.m. WATERWAYS COMMISSION REPORT Keith Wilson, Chief, Waterways Division, presented the Waterways Commission Report (Copy on file with Executive Assistant.) Minutes March 11-12, 1982 Page 4 Wilson reported on the Reef Petroleum negotiations on the right-of-way at Greilickvil1e. After Reef's original offer of $70,000 for all rights connected to the premises,