Conservation staff brief committee on nonmetallic-mining inspections and Billy Boye flowage water-level review
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Summary
Conservation staff told the committee that nonmetallic-mining inspections will be scheduled as snow melts and asked whether inspection reports should be routed to the zoning committee; staff also said the Billy Boye flowage water-level increase is in legal review to confirm prescriptive easement rights before a DNR hearing.
Conservation staff reported on seasonal inspections, outreach and a pending water-level matter for the Billy Boye flowage that could require a Department of Natural Resources public hearing.
Staff said nonmetallic-mining inspections will begin as melting conditions allow and that inspection results are usually shared with the zoning committee as part of conditional-use-permit renewals. One committee member suggested keeping those reports with zoning rather than duplicating them to the Land, Water and Forest Resources Committee; staff noted a member of the public had requested the reports also be distributed to the land, water and forest resource committee.
On the Billy Boye flowage, staff said they are in the final stages of seeking authority to increase water levels. The request depends on confirmation of prescriptive flood and flowage easement rights. Staff said the matter is with county legal counsel: if counsel confirms the county has the prescriptive rights, the county would submit materials to the DNR, which would hold an official public hearing on the proposed increase in water levels.
Staff also reported routine dam checks underway, a spring tree sale with some stock remaining, and staff attendance at statewide Land and Water and lakes and rivers conferences.
Why it matters: Nonmetallic-mining inspections and conditional-use renewals affect local land-use compliance and fees. The Billy Boye flowage increase would affect water levels in the flowage and requires legal and DNR processes before any change occurs.
What's next: Staff will begin inspections, route reports according to committee direction (zoning committee preferred), and await legal counsel's determination on prescriptive easement rights before filing materials with DNR for a hearing if appropriate.