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Oklahoma Scenic Rivers Commission

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Oklahoma Scenic Rivers Commission

     OSRC Regular Business Meeting 02/20/07 Page 1 of 12

Oklahoma Scenic Rivers Commission

    Regular Business Meeting

    February 20, 2007 5:30 p.m.

    Oklahoma Scenic Rivers Commission Headquarters - Located two (2) miles North of Tahlequah, OK, on State Highway #10

     MINUTES

     Agenda Items are listed in the order of action by Commissioners.

01. Meeting called to order.

    Chairman Blackard called the meeting to order.

02. Invocation.

    Chairman Blackard led the invocation.

03. Roll Call.

     MEMBERS PRESENT MEMBERS ABSENT

     Bill Blackard Ed Brocksmith

     Alan Chapman Bob Ed Culver

     Larry Clark Jeanne Hayes

     Gerald Hilsher John Larson

     Steve Randall

     Jan Rucker

     Rick Stubblefield

    D.I. Wilkinson

04. Introduction of Guests and Visitors.

    Jerry Hammons, Illinois River Store; James Marble, Tom Waggoner, Skelly Park; Denice

    Deason-Toyne, Phil Lorenz, Kurt Robinson, STIR; Thomas Eastham, Chuck Eastham,

    Riverville Lodge; Donna McReynolds; Jack Spears, David Spears, Arrowhead Resort; Philip

    Hixon, MCF; Michael Cathey, Bigfoot Floats; Ron Timmons; Rod Walton, Tulsa World;

    Bartow Hix; Carl George, Sparrow Hawk Camp; Austin & Leslie Bennett, Eagle Bluff Resort;

    Barbara Kelly, Diamondhead Resort; Vechil Eller, All American Floats; Teddye Snell,

    Tahlequah Daily Press; DeWayne Smoot, Muskogee Phoenix; Archie Peyton, Peyton’s Place;

    Sheri Herron, BMP Inc.; L.D. Stephens, War Eagle Resort; Rod & Susan Foster, Elephant

    Rock Nature Park; Nic Heidinger, Cornell Properties; Brian Stanglin, Anthony Dotson, Larry

    Setters, Meredith Lee, Cheryl Allen, OSRC Staff.

     OSRC Regular Business Meeting 02/20/07 Page 2 of 12

05. Public Comments.

    There were no public comments.

    06. Approval of the Minutes of the December 19, 2006, OSRC Regular Business Meeting

    and January 23, 2007, OSRC Special Business Meeting.

    Commissioner Rucker motioned to approve the Minutes from the December 19, 2006,

    OSRC Regular Business Meeting. Commissioner Wilkinson seconded the motion.

    The vote follows:

     Blackard -Aye- Hilsher -Aye-

     Brocksmith -Absent- Larson -Absent-

     Chapman -Aye- Randall -Aye-

     Clark -Abstain- Rucker -Aye-

    Culver -Absent- Stubblefield -Abstain-

    Hayes -Absent- Wilkinson -Aye-

    Commissioner Stubblefield motioned to approve the Minutes from the January 23, 2007,

    OSRC Special Business Meeting. Commissioner Hilsher seconded the motion.

    The vote follows:

     Blackard -Aye- Hilsher -Aye-

     Brocksmith -Absent- Larson -Absent-

     Chapman -Aye- Randall -Aye-

     Clark -Aye- Rucker -Abstain-

    Culver -Absent- Stubblefield -Aye-

    Hayes -Absent- Wilkinson -Abstain-

07. Report from Illinois River Watershed Partnership.

    Sheri Herron reported to the Commission what the Illinois River Watershed Partnership

    (IRWP) has been doing recently. IRWP is educating people about watersheds by using the

    Urban Non-Point Source Grant. Another project involving the grant is “Rain Gardens.” Rain

    Gardens are landscapes that create a bowl depression to trap runoff and to filter the water as it

    seeps back into the soil.

    Other plans also include a newsletter available to Arkansas and Oklahoma; signage along thsmaller tributaries of the Illinois River; and a IRWP BBQ at a dairy farm on May 5, which will

    involve discussions related to dairy farming and water quality.

    The Arkansas Conservation Reserve Enhancement Program (CREP) is getting ready to start

    with $30,000,000 allocated for the protection of riparian areas and the reestablishment of

    riparian areas. Primary targets for funding will be farmers with livestock.

     OSRC Regular Business Meeting 02/20/07 Page 3 of 12

    Best Management Practices, Inc. (BMP) has exported 24,420 tons of poultry waste that contained 732,000 pounds of phosphorus out of the Illinois River watershed from September 2006 to January 2007. BMP is at 36% of its goal in litter removal.

    08. Report from Save The Illinois River, Inc (STIR)

     thKurt Robinson reported that he attended a meeting on February 13 at the University of

    Arkansas at Fayetteville regarding Confined Animal Production Impact on Humans. It is a two year study sponsored by the Johns Hopkins School of Health. Participants ranged from scientists, government agencies, food growers to environmental groups, veterinarians and doctors. He said that Missouri had problems with hog manure seeping through fractures in limestone and entering the drinking water supply. Mr. Robinsons talking points at the meeting

    included phosphorus loading and bacteria impacting the Illinois River and Lake Tenkiller.

    Fiber Watt, a company originally from England, just received authorization to build a power plant in Minnesota that will use poultry litter as a fuel to generate electricity. The power generation plant is expected to go online in 2007 and is projected to burn 500,000 tons of poultry litter annually.

    In Chesapeake Bay, “Nutrient Trading” is practiced by compromising on standards. For example, if a stream is supposed to be at 1 milligram per liter of phosphorus but is exceeding at 1.25 milligrams per liter, then the entity exceeding the limit can make a deal to haul out of the watershed “X” amount of litter for a certain time frame.

    Arkansas House Bill 1318, if passes, sets a $15.00 per ton tax credit for both buyer and seller if the litter is in a designated nutrient surplus area watershed.

    Mr. Robinson said that companies that have a pollution problem should model the Oklahoma Energy Resources Board (OERB) by initiating “Industrial Self-Taxation”. Since 1994 the

    OERB has cleaned up over 7000 polluted and contaminated oil well sights.

    In Oklahoma, House Bill 1302 and Senate Bill 709 would eliminate Confined Animal Feeding Operation distances within that protect scenic rivers, water wells, and sensitive water supplies established by the Oklahoma Water Resources Board (OWRB).

    09. Consideration, vote to approve, amend or take other action on proposed draft rulemaking language for limiting the size of ice chests used by floaters to 48-Quart capacity or smaller and to prohibit use of all alcoholic and 3.2 beer and other non-intoxicating beverages within OSRC owned and managed public use areas adjacent to the Illinois River located from the confluence of Barren Fork Creek extending upstream to the Arkansas-Oklahoma State Boundary in Adair, Cherokee and Delaware Counties; Flint Creek located in Delaware County; and those portions of the Barren Fork Creek located in Cherokee County, discussion presented by D.I. Wilkinson and Jeanne Hayes, Co-Chairpersons for OSRC Alcohol Ban Subcommittee.

    Commissioner Wilkinson told the Commission that the Alcohol Ban Subcommittee met several

     OSRC Regular Business Meeting 02/20/07 Page 4 of 12

    times and with stakeholders along the river. They concluded that drunks and drunk behavior should not be tolerated at all. The idea presented is run the drunks out by making it difficult for them and to discourage repeated drunk behavior by doing the following: The canoe operators will tell their patrons to limit their alcohol consumption; if the don’t, they will be removed from the river and not allowed to float with them anymore. All the canoe operators agreed that limiting the size of ice chests to 48 quart would limit the amount of beer on the river. The banning of alcohol at some of the public access areas would create a more family oriented atmosphere to attract visitors. A larger ranger force is needed to enforce existing rules and maintaining order on the river.

    Commissioner Randall said that in the last meeting that the Commission had already voted to move forward with this issue but Administrator Fite recommended that they hold off while pursuing funding for 10 additional seasonal rangers. Commissioner Randall conveyed that the Commission votes on something that they have some control over instead of waiting for the legislature to decide if they are going to allocate funds for the additional rangers. He recommended to the Commission that they take the next step and vote Agenda Item #9 up or the issue will die.

    Commissioner Hilsher motioned to adopt the proposed rule language with the following changes: strike alcohol free zones at U.S. 412 at Flint Creek, Echota, Todd, and U.S. 62

The vote follows:

     Blackard -Aye- Hilsher -Aye-

     Brocksmith -Absent- Larson -Absent-

     Chapman -Aye- Randall -Aye-

     Clark -Aye- Rucker -Aye-

    Culver -Absent- Stubblefield -Aye-

    Hayes -Absent- Wilkinson -Aye-

    10. Consideration, vote to approve, amend or take other action authorizing the OSRC Administrator to prepare public notification, solicit public comments and hold public hearings pursuant to requirements of Oklahoma Law and Oklahoma Office of the Secretary of State, Office of Administrative Rules Division to advance action to promulgate a new rule within the Oklahoma Administrative Code 630: Scenic Rivers Commission to limit the size of ice chests used by floaters to 48-Quart capacity or smaller and to prohibit consumption of alcoholic and 3.2 beer and other non-intoxicating beverages within OSRC owned and managed public use areas adjacent to the Illinois River located from the confluence of Barren Fork Creek extending upstream to the Arkansas-Oklahoma State Boundary in Adair, Cherokee and Delaware Counties; Flint Creek located in Delaware County; and those portions of the Barren Fork Creek located in Cherokee County.

    Commissioner Wilkinson motioned to approve Agenda Item #10 as written. Commissioner Rucker seconded the motion.

     OSRC Regular Business Meeting 02/20/07 Page 5 of 12

The vote follows:

     Blackard -Aye- Hilsher -Aye-

     Brocksmith -Absent- Larson -Absent-

     Chapman -Aye- Randall -Aye-

     Clark -Aye- Rucker -Aye-

    Culver -Absent- Stubblefield -Aye-

    Hayes -Absent- Wilkinson -Aye-

    11. Review of 2007-2008 (June 01, 2007 May 31, 2008) Commercial Flotation Device

    Permit (CFDP) Applications

    Administrator Fite passed out to the Commissioners a packet of supporting documents for the benefit of the Commissioners with their task of commercial flotation device license (CFDL) issuance.

    Chairman Blackard recognized Carl George, Sparrow Hawk Camp. Mr. George read from a letter he wrote to the Commission. He essentially said that if the permits were not to be issued to him, he would be financially destroyed. He pointed out that nowhere on the Permit Application did it say that if it is turned in late that the applicant would not be considered for permits. He asked the Commission to do what was morally right and to renew his permits.

    After some discussion, Austin Bennett said to the Commission that there are a set of rules that is being given to the float operators to follow. He said that every year the float operators know that on February 10, the permit applications are due as stated in the OSRC rules. Mr. Bennett said that it will be very interesting to see if the Commission is going to issue the permits in accordance with the law.