Senator Carrie Ruud, Chair Senator Chis Eaton, Ranking Minority Member Environment and Natural Resources Policy and Legacy Finance Committee

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1 This document is made available electronically by the Minnesota Legislative Reference Library as part of an ongoing digital archiving project. SENT VIA September 14, 2018 Governor Mark Dayton Room 130 State Capitol St. Paul, Minnesota Senator Bill Ingebrigtsen, Chair Senator David Tomassoni, Ranking Minority Member Environment and Natural Resources Finance Committee Senator Carrie Ruud, Chair Senator Chis Eaton, Ranking Minority Member Environment and Natural Resources Policy and Legacy Finance Committee Representative Dan Fabian, Chair Representative Rick Hansen, Ranking Minority Member Environment and Natural Resources Policy and Finance Committee Dear Governor, Chairs and Ranking Minority Members: The Minnesota Department of Natural Resources (DNR) is submitting the Environmental Permit Performance Report for Fiscal Year 2018 pursuant to Minnesota Statutes Subd. 14a. As required, this report will be posted to the DNR website and two hard-copies will be provided to the Legislative Reference Library. If you or your staff have questions regarding this report, please contact Peter Holt at or Sincerely, Tom Landwehr Commissioner c: Legislative Reference Library Minnesota Department of Natural Resources - Commissioner s Office 500 Lafayette Road, Saint Paul, MN 55155

2 MINNESOTA DEPARTMENT OF NATURAL RESOURCES Environmental Permit Performance: Report for Fiscal Year Day and 90-Day Permit Decision Goals September 6, 2018

3 This report was prepared as required by Minnesota Statute (MS) , Subd. 14a Estimated cost of preparing this report was $2,500. This information is available in an alternative format upon request. Equal Opportunity to participate in and benefit from programs of the Minnesota Department of Natural Resources is available regardless of race, color, national origin, sex, sexual orientation, marital status, status with regard to public assistance, age or disability. Discrimination inquiries should be sent to Minnesota DNR, 500 Lafayette Road, St. Paul, MN ; or the Equal Opportunity Office, Department of the Interior, Washington D.C Minnesota Department of Natural Resources DNR Information Center 500 Lafayette Road St. Paul, MN (651) MINNDNR ( ) Telecommunication Device for the Deaf (651) Copyright 2018, State of Minnesota, Department of Natural Resources 2

4 Background The Minnesota Department of Natural Resources (DNR s) mission is to work with citizens to conserve and manage the state's natural resources, to provide outdoor recreation opportunities, and to provide for commercial uses of natural resources in a way that creates a sustainable quality of life. The DNR uses a wide range of programs to fulfill this mission, including permitting programs established by the Minnesota Legislature. Many of these have been in place for decades, while others are more recent. It is important to review regulatory programs over time to ensure that they continue to address the needs of the state. The DNR is committed to maintaining a modern, efficient and effective regulatory system. This report meets the requirements of Minnesota Statute (MS) , Subd. 14a. Scope of Report: Environmental and Natural Resource Permits The DNR is reporting on the following natural resource permits: Aquatic plant management permits Invasive aquatic plant management permits Water appropriation permits Public waters work permits Endangered or threatened species taking permits Metallic mineral mining permits (ferrous and non-ferrous) Peat mining permits These permits are relevant to the concerns underlying MS Subd. 14a. This report does not include other DNR permit programs that focus mainly on recreational activities such as hunting and fishing. Summary Statistics for 150-Day and 90- Day Goal Attainment The DNR s goal is to approve or deny permit within 90 days of receiving a application (Tier 1 permit ) or within 150 days of receiving a application (Tier 2 permit ). Tier 1 permit, which are subject to the 90-day goal, include general permits for work in public waters in addition to water appropriation and aquatic plant management permit renewals that do not require a site inspection. The remaining permit types listed above fall into Tier 2 and are thus subject to the 150-day goal. The DNR manages a large number of permit. DNR permitting activity for fiscal year 2018 included: 3

5 655 permit in progress on July 1, 2017, 8,563 new received, 7,720 approved or denied, 683 withdrawn, and 815 in progress after June 30, 2018 DNR continued to do well with its permitting goals. However, we did find that staffing limitations contributed to several permit delays, and permit not being filled out correctly or not containing enough information also contributed to delays. Table 1 summarizes how well DNR met its 90-day goal for Tier 1 and Table 2 summarizes how well DNR met its 150-day goal for Tier 2. Of the 4,163 Tier 1 permit where a decision was made in fiscal year 2018: 4,049 Tier 1 permit, 97.2%, were approved or denied within 90 days of receiving an initial application 4,118 Tier 1 permit, 98.9%, were approved or denied within 90 days of receiving a application 45 Tier 1 permit, less than 0.5%, took longer than 90 days to approve or deny following a application Of the 3,557 Tier 2 permit where a decision was made in fiscal year 2018: 3,303 Tier 2 permit, 92.8%, were approved or denied within 150 days of receiving an initial application 3,427 Tier 2 permit, 96.3%, were approved or denied within 150 days of receiving a application 130 Tier 2 permit, 3.65%, took longer than 150 days to approve or deny following a application Table 3 shows the causes of delay for the 45 Tier 1 permit decisions that took more than 90 days from a application for a DNR decision. Table 4 shows the causes of delay for the 130 Tier 2 permit decisions that took more than 150 days from a application 1 for a DNR decision. Many aquatic plant management permits were submitted well in advance of the permitting season, which can cause increased delays from application submission since site inspections (required for Tier 2 permit ) cannot occur until plant growth begins. 1 The mine permit program lists additional permits where the decision exceeded 150 days from initial application. All other programs list permits where the decision exceeded 150 days from a application. 4

6 Table 1: Summary Statistics for Tier 1 Permits (90 days) 7/1/2017 6/30/2018 Permit Received Active carried over from previous period Permit deemed Total decisions made Decisions made within 90 days of initial application Exceeding 90 days from initial application but within 90 days of a application Exceeding 90 days from a application Active at the end of reporting period Median days to decision from application: new Median days to decision from application: permit modifications Permit Program Withdrawn Water s Public Waters Aquatic Plant 2 3, ,540 3,428 3, N/A 2 Invasive Aquatic Plant Endangered Species Takings Mine Iron Ore and Taconite Mine Non- Ferrous Metallic Minerals Mine Peat Total 4, ,365 4,163 4, N/A N/A 2 Aquatic plant management permits includes restoration permits. 5

7 Table 2: Summary Statistics Tier 2 Permits (150 days) 7/1/2017 6/30/2018 Permit Received Active carried over from previous period Permit deemed Total decisions made Decisions made within 150 days of initial application Exceeding 150 days from initial application but within 150 days of a application Exceeding 150 days from a application Active at the end of reporting period Permit Program Withdrawn Water s Public Waters Aquatic Plant 3 2, ,331 2,134 2, Invasive Aquatic Plant Endangered Species Takings Mine Iron Ore and Taconite Mine Non- Ferrous Metallic Median days to decision from application: new Median days to decision from application: permit modifications (0 for restoration permits) 1 (8 for restoration permits) N/A N/A N/A Minerals Mine Peat N/A N/A Total 4, ,087 3,557 3, N/A N/A 3 Aquatic Plant permits includes Restoration permits. 6

8 Table 3: Causes for Delay on Permit Decisions Taking Longer than 90 Days (Tier 1 Permits) 4 Days to Permit Type determine application from initial submission Final Status Responsive-ness of the Proposer Disagreement Public Waters 2 Permit Water 3 Permit Water 4 Permit Water 4 Permit Water 4 Permit Water 4 Permit Water 4 Permit Public Waters 5 Permit Public Waters 7 Permit Water 14 Permit 4 Tier 1 permits that exceeded 90 days from a application. 7

9 Days to determine Permit Type application from initial submission Final Status Responsive-ness of the Proposer Public Waters 18 Permit Disagreement Public Waters 69 Permit Water 99 Permit Water 633 Permit Aquatic Plant 2 Permit Renewed 16F-3B109 Aquatic Plant 3 Permit Renewed 16F-1A0716 Aquatic Plant 4 Permit Renewed Aquatic Plant 4 Permit Renewed 15F Aquatic Plant 5 Permit Renewed Aquatic Plant 5 Permit Renewed Aquatic Plant 5 Permit Renewed 8

10 Days to Permit Type determine application from initial submission Final Status Responsive-ness of the Proposer Disagreement Aquatic Plant 5 Permit Renewed Aquatic Plant 5 Permit Renewed 16F-1A0238 Aquatic Plant 6 Permit Renewed 16F-1A0515 Aquatic Plant 6 Permit Renewed 16F-3A153 Aquatic Plant 6 Permit Renewed Aquatic Plant 6 Permit Renewed Aquatic Plant 6 Permit Renewed Aquatic Plant 7 Permit Renewed Aquatic Plant 7 Permit Renewed 15F-3A742 Aquatic Plant 8 Permit Renewed 16F-1A0487 Aquatic Plant 8 Permit Renewed 9

11 Days to Permit Type determine application from initial submission Final Status Responsive-ness of the Proposer Disagreement Aquatic Plant 8 Permit Renewed 16F-3A173 Aquatic Plant 11 Permit Renewed 16F-3A408 Aquatic Plant 11 Permit Renewed Aquatic Plant 11 Permit Renewed 16F-2B0389 Aquatic Plant 13 Permit Renewed 16F-3A1194 Aquatic Plant 14 Permit Renewed 16F-3A390 Aquatic Plant 14 Permit Renewed Aquatic Plant 15 Permit Renewed Aquatic Plant 16 Permit Renewed 16F-1A0047 Aquatic Plant 19 Permit Renewed Aquatic Plant 27 Permit Renewed 10

12 Days to Permit Type determine application from initial submission Final Status Responsive-ness of the Proposer Disagreement 16F-1A0953 Aquatic Plant 37 Permit Renewed Aquatic Plant 38 Permit Renewed 11

13 Table 4: Causes for Delay on Permit Decisions Taking Longer than 150 Days (Tier 2 Permits) 5 Permit Type Public Waters Water Public Waters Public Waters Water Water Water Water Water Public Waters Water Water Water Water Days to determine application from initial submission Final Status 0 Amended Permit 0 Amended Permit Responsive-ness of the Proposer Di 0 Permit 0 Permit 0 Permit 1 Permit 3 Amended Permit 3 Amended Permit 3 Permit 3 Permit 4 Permit 5 Amended Permit 6 Amended Permit 6 Amended Permit 5 Tier 2 permits that exceeded 150 days from a application. 12

14 Permit Type Water Public Waters Water Water Water Water Water Public Waters Public Waters Public Waters Water Water Water Public Waters Water Water Days to determine application from initial submission Final Status Responsive-ness of the Proposer 7 Permit 13 7 Permit 7 Permit 9 Amended Permit 9 Permit 10 Amended Permit 10 Amended Permit 10 Permit 10 Permit 11 Permit 14 Permit Reinstated 14 Permit 14 Permit 15 Permit 16 Permit 17 Permit

15 Permit Type Public Waters Water Public Waters Public Waters Water Water Water Water Public Waters Public Waters Water Public Waters Water Water Water Water Days to determine application from initial Responsive-ness of submission Final Status the Proposer 19 Permit 20 Amended Permit 20 Permit 20 Permit 21 Amended Permit 21 Transferred Permit 21 Transferred Permit 21 Transferred Permit 21 Permit 21 Permit 28 Permit 28 Permit 30 Transferred Permit 30 Transferred Permit 31 Amended Permit 34 Transferred Permit 14

16 Permit Type Water Water Water Water Water Water Water Water Water Public Waters Public Waters Water Water Water Water Water Days to determine application from initial submission Final Status 36 Amended Permit 37 Amended Permit Responsive-ness of the Proposer Permit 40 Permit 42 Amended Permit 42 Transferred Permit 42 Amended Permit 46 Permit Denied 50 Permit 61 Permit 89 Permit 96 Amended Permit 107 Permit 114 Permit 124 Permit 124 Permit

17 Responsive-ness of Permit Type Days to determine application from initial submission Final Status the Proposer Water 143 Permit Water 148 Permit Public Waters 209 Permit Water 232 Permit Water 294 Permit Denied Water 368 Amended Permit ERPI Scram 255 Approved Assignment ERPI Scram 255 Approved Assignment ERPI Scram 255 Approved Assignment 11F-2B Permit Renewed Aquatic Plant Aquatic Plant Aquatic Plant Aquatic Plant Aquatic Plant Aquatic Plant Aquatic Plant 16 0 Permit 0 Permit 0 Permit 0 Permit 1 Permit 1 Permit

18 Permit Type Aquatic Plant Aquatic Plant Aquatic Plant Aquatic Plant Aquatic Plant Aquatic Plant Aquatic Plant Aquatic Plant Aquatic Plant Aquatic Plant 15F Aquatic Plant Aquatic Plant Aquatic Plant Aquatic Plant Aquatic Plant Aquatic Plant Days to determine application from initial submission Final Status Responsive-ness of the Proposer 17 1 Permit 1 Permit 1 Permit 1 Permit 1 Permit 1 Permit 1 Permit 1 Permit 1 Permit 1 Permit 2 Permit Renewed 2 Permit 2 Permit 2 Permit 2 Permit 2 Permit

19 Permit Type Aquatic Plant Aquatic Plant Aquatic Plant Aquatic Plant Aquatic Plant Aquatic Plant Aquatic Plant Aquatic Plant Aquatic Plant Aquatic Plant Aquatic Plant Aquatic Plant Aquatic Plant Aquatic Plant Aquatic Plant Aquatic Plant Days to determine application from initial submission Final Status Responsive-ness of the Proposer 18 2 Permit 2 Permit 3 Permit 3 Permit 3 Permit 3 Permit 3 Permit 3 Permit 3 Permit 4 Permit 4 Permit 4 Permit 4 Permit 5 Permit 6 Permit 6 Permit

20 Permit Type Aquatic Plant Aquatic Plant Aquatic Plant Aquatic Plant Aquatic Plant Aquatic Plant Aquatic Plant Aquatic Plant Aquatic Plant Aquatic Plant Aquatic Plant Aquatic Plant Aquatic Plant Aquatic Plant Aquatic Plant Aquatic Plant Days to determine application from initial submission Final Status Responsive-ness of the Proposer 19 6 Permit 6 Permit 7 Permit 7 Permit 8 Permit 10 Permit 11 Permit 13 Permit 13 Permit 14 Permit 14 Permit 15 Permit Denied 15 Permit 18 Permit 25 Permit 33 Permit

21 Permit Type Aquatic Plant Aquatic Plant Endangered Species Takings Endangered Species Takings Days to determine application from initial submission Final Status Responsive-ness of the Proposer 35 Permit 45 Permit

22 DNR Actions and Planned Actions DNR has consistently achieved a high compliance rate with the statutory permitting goals since first reporting results on August 1, DNR works to continue improving overall permitting performance. 21