Chairperson Brenda Shambaugh, PA State Grange, called the meeting to order at 10:07 a.m.

Brenda Shambaugh, PA State Grange
Dr. Herb Cole, Pennsylvania State University
Bill Wehry, USDA, Farm Service Agency
Carl Shaffer, Vegetable Producer
Robert Pardoe, Jr., Dairy Producer
Bill Adams, PA Farm Bureau
Jay Howes, House, Agriculture and Rural Affairs Committee (Rep. Bunt)
Kristin Ebersole, Senate, Agriculture and Rural Affairs Committee (Sen. Wenger)
Lynn Slabicki, House, Agriculture and Rural Affairs Committee (Rep. Cappabianca)
Sam Elkin, Livestock Producer
Tom Oyler, Jr., Fruit Producer
Karl Brown, PA Department of Agriculture
Bruce Holbrook, PA Department of Environmental Protection

Bill Anchor, Wenger’s Feed Mill, Inc.
Dan Snowden, DEP, Citizen’s Advisory Council
David Washburn, House Representative Victor Lescovitz’s Office
Lyle Forer, PA Department of Agriculture
Nathan Elkin, Public Citizen
Don Fiesta, DEP, Bureau of Water Quality Protection
Curtis Kratz, Moyer Packing Company
Ken Reisinger, DEP, Bureau of Water Quality Protection
Melanie Wertz, Chesapeake Bay Foundation
Dave Hogeman, DEP, Growing Greener Grants Center
Larry Nygren, DEP, Bureau of Water Quality Protection
Meredith Hill, DEP, Office of Policy
Dean Auchenbach, DEP, Bureau of Water Quality Protection

No public comments were received.

The minutes of the October 18, 2000 meeting were approved as distributed.

Bob Edwards, Susquehanna River Basin Commission (SRBC), reviewed the SRBC report on nutrients and suspended solids transported in the Susquehanna River Basin. The SRBC monitoring network started with 12 initial monitoring stations from 1985-1989. Two additional Susquehanna stations were added in 1987 (Marietta) and 1989 (Towanda.) The 1985-1989 study objectives were to determine annual loads, yields and land use comparison, and baseline loads. The study summary found the following results:

• Loads are strongly related to water discharge.

• The water discharge ratio (WDR) method helps estimate yield for average flow year.

• Watersheds fall into four broad categories when comparing yields to general land use.

• Marietta was the best main stem river station for estimating basin loads.

• The highest loads are from the lower Susquehanna Basin (19% of the land area contributes 28% total Phosphorus, 38% total nitrogen, and 45% suspended solids.)

The Chesapeake Bay Program watershed models estimates for the Susquehanna River Basin, 1985-1998, found that agricultural acreage decreased 12% while urban acreage increased 9%; structural BMPs caused an 8% decrease in the delivered nitrogen load and 12% decrease in delivered phosphorus load; there was a 16% decrease in applied nitrogen load and a 17% decrease in applied phosphorus load due to fertilizer management; and nitrogen loads from manure application decreased 3% while phosphorus decreased 1%. The trend Summary found that both climatic and management actions are factors in nutrient and sediment trends; trends in flow were not detected; the lack of load trends indicates that flow variability may mask water quality improvements due to management actions; and most flow-weighted concentration and flow adjusted concentration trends are downward (improving), thus rivers are running cleaner.

Chairperson Shambaugh noted that DEP Legislative Liaison Greg Mahon was unavailable due to illness. Chairperson Shambaugh requested that Jay Howes provide a brief update regarding legislative matters. Howes noted that little happened at the end of the legislative session of interest to agriculture. Several bills were not acted on and died at the end of the session. Some of these bills, such as the pesticide notification bill and the biosolids testing by a third party bill will be refined and reintroduced in the new legislative session. It is also anticipated that a comprehensive water management bill be introduced in the next legislative session. Howes noted that Senator Michael Waugh (R-York) was recently appointed as Majority Chairman of the Senate Agriculture and Rural Affairs Committee. Waugh replaces the former Senator William Slocum. Senator Michael O’Pake (D-Berks) was also appointed as Minority Chair of the Senate Agriculture and Rural Affairs Committee, replacing retired Senator Patrick Stapleton. Other legislative committee assignments are yet to be finalized.

Chairperson Shambaugh noted that at the October meeting the Board received a letter from Representative Victor Lescovitz (D-Washington) regarding concerns he had received from farmers over the rules and regulations for farm pond construction and the dredging of existing ponds. Board members agreed that the agricultural community faces too much red tape, financial burden, and bureaucracy when they plan to construct or maintain farm ponds. Ken Reisinger, DEP, Bureau of Water Quality Protection, explained the rules and regulations that apply to farm ponds. Reisinger suggested that if a farmer is interested in constructing or dredging a farm pond that they first contact their DEP Regional Office to arrange for a site visit. This will allow the farmer an opportunity to explain what they want to do, see what regulations apply, and determine if any waivers are available. Carl Shaffer questioned whether the Army Corps of Engineers have regulation over farm ponds, and if so are the state regulations more stringent. Reisinger stated that the Army Corps of Engineers does have regulations for farm ponds. He noted that recent court cases that have challenged the Corps area of regulation might cause the state regulations for farm ponds to appear to be more comprehensive and restrictive. Lynn Slabicki questioned the time frame to get a permit to construct a farm pond. Reisinger stated the Department’s money back guarantee program gives the Department 120 days to review a complete application. Most permits for farm pond construction are issued prior to 120 days. Reisinger was not sure of the time frames for federal permits. Reisinger stated that the Army Corps of Engineers and the U.S. Fish and Wildlife Service might review a state permitted project if they have concerns about it.

Carl Shaffer made a motion that the Board recommend that the Department revisit its regulations that address farm ponds to ensure they are no more stringent than federal regulations for the construction and maintenance of farm ponds. The motion was seconded by Tom Oyler and passed unanimously by the Board. Carl Shaffer made another motion that the Board sends a letter to both the Army Corps of Engineers and the U.S. Fish and Wildlife Service recommending they streamline their permitting and approval process for farm pond construction and maintenance. The letter should note the beneficial use of farm ponds for water supply in drought conditions and a water source for rural fire protection. The letter should also note the net gain in the number of wetlands in Pennsylvania. This motion was seconded by Tom Oyler and passed unanimously by the Board.

Board members suggested it would be helpful if the Department would develop a DEP fact sheet on farm pond maintenance and construction. Ken Reisinger stated the Department would develop a draft fact sheet and bring it back to the Board in the future for review and comments. David Washburn from Representative Lescovitz’s office stated that he would provide Reisinger with the details of the complaints that prompted the Representative’s letter. He also expressed his appreciation to the Board for the time they took to discuss this issue.

Dave Hogeman, DEP, Growing Greener Grants Center, provided Board members with a copy of the Growing Greener First Year Report 2000. Hogeman noted that two grant periods have been completed with a third grant round coming up. In year one of the program (FY 1999-2000) DEP distributed $37.5 million dollars in Growing Greener grants. In the first grant period 880 applications were received for a total of $230 million. There were 234 grants awarded totaling $30.3 million dollars. Grantees matched the Growing Greener grant funds with an additional $44.5 million. With Growing Greener grant funds 3,603 acres of wetlands and 117 miles of riparian buffer will be restored. There will be 43 miles of stream improvement structures installed, 795 acres of abandoned mine lands reclaimed, and 279 miles of streams impacted by acid mine drainage will be cleaned up. During the second year of the Growing Greener Program DEP will distribute a total of $50.1 million in funding. These funds will go to funding 138 restoration plans/demonstration projects, 59 environmental education projects, 64 watershed assessments and protection plans, and 28 watershed organizations organized. Grantees have matched Growing Greener funds with an additional $46.3 million dollars. The Department is currently reviewing applications for technical assistance grants to facilitate Pennsylvania’s strategy for watershed restoration and protection activities. These grants will provide funding to local non-profit organizations and other Growing Greener grantees to provide needed technical assistance to watershed groups or local project sponsors. Growing Greener funds were also used to fund 45 Watershed Specialist positions with conservation districts.

Hogeman noted that Growing Greener grants are very competitive. The grant applications are thoroughly reviewed and groups are encouraged to partner up to complete projects. The Growing Greener Program will address non-point source pollution through grants and contracts to support voluntary restoration and reclamation. Growing Greener funds are not used in enforcement cases. The Department will develop a database to track the accomplishments in the program. Dr. Herb Cole stated that Growing Greener funds really help local communities that are short of money to complete needed environmental projects. Lyle Forer questioned how long grantees have to complete their projects. Hogeman stated there is a two-year deadline to complete Growing Greener grant projects. Carl Shaffer questioned whether Growing Greener grants might be used to preserve open space. Hogeman stated Growing Greener Program funds may not be used for that purpose, but the legislature did provide funding to other agencies (such as the PA Department of Conservation and Natural Resources) to preserve open space.

Meredith Hill, DEP, Office of Policy, updated the Board on the status of the Growing Smarter initiative as a follow-up to the information Steve Taglang provided the Board at its October meeting. The Growing Smarter Initiative encourages sound land use planning at the local level and requires state agencies to consider local land use planning and comprehensive plans in making certain permit and funding decisions. Hill noted the Department received about 25 comments on its interim guidance during the public comment period. The Department is reviewing these comments and will develop a comment response document. The guidance will be revised and finalized and should be released in January 2001. An interim policy for funding programs (six funding programs fall under the Acts definition) received six comments during the public comment period. This funding guidance will be revised based on the comments and the guidance released as final.

Hill stated the Department will add questions regarding local comprehensive plans and zoning to its general information form which is used for all DEP permits. The Department will provide local governments an opportunity to comment to ensure the activity will not impact with local zoning and comprehensive plans. If a conflict does exist with local zoning the permit may not be issued by the Department. The Department may issue conditional permits pending the resolution of the conflict. Carl Shaffer expressed his concern that existing agricultural operations may be denied permits or funding because of new zoning laws. Jay Howes noted that many municipalities are passing ordinances, which appear to pre-empt the Act 6 regulations. Hill stated the Department could issue conditional permit approval until the conflict is resolved. The Department also has the discretion to issue a permit even if a conflict with local zoning exists. Hill noted the Governor’s Center for Local Government services will be hosting a Growing Smarter: Land Use in Pennsylvania Conference in Hershey, March 18-20, 2001. Board members will be provided information regarding this conference and were encouraged to attend.

Sam Elkin made a motion that the Board take a position that the issuance or denial of a DEP permit should not be contingent on local zoning ordinances, but rather should be based on environmental factors. This motion was seconded by Carl Shaffer and was passed unanimously by the Board.

Carl Shaffer distributed a copy of a news article regarding the U.S. Environmental Protection Agencies (EPA) proposed revisions to the concentrated animal feeding operations (CAFOs) regulations. Shaffer stated tat EPA proposes reducing the number of animals that would meet the CAFO definition. The EPA is also calling for covers for hog waste lagoons. A public comment period will be held for 120 days once the proposed regulations are published in the Federal Register.

There being no further business the meeting was adjourned at 1:31 p.m.