Infrastructure Committee Agenda
Stewardship Committee Agenda
Legislative Committte Agenda

Board of Trustees
Clean Water Management Trust Fund
Southport Community Building
223 East Bay Street
Southport, North Carolina
Monday, April 11, 2005

AGENDA

Executive Order Number One mandates that the Chair inquire as to whether any Trustee knows of any conflict of interest or the appearance of a conflict of interest with respect to matters on the agenda. If any Trustee knows of a conflict of interest or the appearance of a conflict of interest, please so state at this time.

8:30 am            A. Call to Order – Chairman Robert Howard

• Welcome to Brunswick County – The Honorable May Moore, Member, Brunswick County Board of Commissioners and The Honorable Ronald Hewett, Sheriff
• Welcome to Southport – The Honorable Norman Holden, Mayor (invited)
• Roll Call – Gina Weaver
• Executive Order Number One – Chairman Howard
• Revisions and additions to the Agenda – Chairman Howard (Action Item)
• Please put cell phones on vibrate or off – Chairman Howard
• Review and approval of the transcript of the March 14, 2005 meeting of the Board of Trustees in Raleigh – Chairman Howard (Action Item)
• Audit of CWMTF by State Auditor – Trustee Vaughan
• Recognize CWMTF Advisory Committee Members – Chairman Howard
• 2006 CWMTF Schedule – Chairman Howard

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8:45 am            B. Public Comments – (Three Minutes Per Person)

• Camilla Herlevich, Executive Director, NC Coastal Land Trust

9:00 am            C. Stewardship Committee Report – Chairman Baddour (See April 10, 2005 Stewardship Committee Agenda)

9:20 am            D. Legislative Committee Report – Chairman McMillan (See April 10, 2005 Legislative Committee Agenda)

9:35 am            E. Executive Directors Report – Bill Holman

• 2004-2005 Budget Update – Francine Durso
• Status of 2004A, 2004B, and Other Contracts – Francine Durso
• CWMTF Annual Report – Lisa Schell
• Communications Report – Lisa Schell
• March 7, 2005 Resolution from Hoke County Board of Commissioners in support of CWMTF Project #`, NC Wildlife Resources Commission’s Upchurch Tract on Nicholson Creek – Nancy Guthrie
• March 18, 2005 Letter from Craven County Board of Commissioners in support of CWMTF Project #2005A-012, NC Coastal Land Trust’s Cherry Point Protection Project – Damon Tatem
• March 21, 2005; March 28, 2005; and April 1, 2005 CREP Working Group and CREP Advisory Committee Meetings – Leland Heath
• March 22, 2005 Letter from Jackson County Manager in support of CWMTF Project #2005A-811, Watershed Association of the Tuckasegee River’s Planning Grant – Tom Massie
• March 24, 2005 Letter from Representative Alice Bordsen in support of CWMTF Project #2005A-308, Haw River Assembly’s Lower Haw River Riparian Corridor Plan – Bill Holman
• Friends of the Funds & Green Books – Bill Holman
• Clean Water Working Group – Bill Holman
• March 30-31, 2005 One North Carolina Naturally Conference – Bill Holman
• March 30-31, 2005 Meetings with Tennessee Officials – Bill Holman
• NC Coastal Federation’s Fact Sheet on CWMTF – Bill Holman
• March 2005 “Buffer Baloney” opinion in NC Forestry Association’s newsletter – Bill Holman
• April 5, 2005 Keynote Address at Water Resources Research Institute’s Annual Conference – Bill Holman 
• CWMTF Funded Projects in Brunswick County – Bill Holman

9:55 am            F. Attorney General’s Report – Frank Crawley

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10:00 am            G. Break

10:10 am            H. “Land Use and Clean Water” -- Buddy Milliken, Chairman, Board of Directors, NC Smart Growth Alliance (www.ncsmartgrowth.org), and Developer of Woodsong (www.villageofwoodsong.com) (Information Item)

10:40 am            I. 2004B-052 – Southern Appalachian Highlands Conservancy’s Atria Tract – Tom Massie (Action Item)

On March 10, 2005 the Southern Appalachian Highlands Conservancy wrote CWMTF and requested withdrawal of CWMTF Project #2004B-052. CWMTF staff recommends that the Board approve SAHC’s request.

10:45 am            J Update on Clean Water & Military Protection Projects – Bill Holman (Potential Action Item)

11:15 am            K. Infrastructure/Wastewater Committee Report – Chairman Mosley (See April 10, 2005 Infrastructure/Wastewater Committee Agenda) (Action Items)

12:00 pm            L. Working Lunch

12:30 pm            M. Discussion

12:45 pm            N. Adjourn

CWMTF Announcements

The NC Coastal Land Trust will lead a paddle tour of Town Creek (CWMTF Project #s 1999B-010, 2000A-009, 2002B-012) in Brunswick County on Saturday, April 9, 2005. Meet at 12:30 pm at Old Town Plantation on NC Highway 133 South. Watch for NCCLT signs. Dinner will be served between 5:00 – 5:30 pm. Contact Bruce Watkins with NCCLT at 910-619-6794 (mobile) if you get lost.

The CWMTF Infrastructure/Wastewater Committee (Trustees Mosley, Chairman; Howard, Markey, L. Smith, R. Smith, & Wright) will meet at 12:30 pm on Sunday, April 10 at Southport Community Building at 223 East Bay Street in Southport.

The CWMTF Stewardship Committee (Trustees Baddour, Chairman; Coleman, Lathrop, Mosley, Vaughan, & Wright) will meet at 4:15 pm on Sunday, April 10 at Southport Community Building.

The CWMTF Legislative Committee (Trustee McMillan, Chairman; All Trustees) will meet at 5:30 pm on Sunday, April 10 at Southport Community Building.

CWMTF Committee meetings will begin upon the conclusion of the previous Committee meeting and may start before or after the actual time shown on the agenda.

All CWMTF Committee meetings are open to the public; all Trustees are welcome.

CWMTF Trustees, guests, and staff are invited to dinner on Sunday, April 10, 2005 at 7:00 pm at the Southport Community Building or at a nearby local restaurant.  We will let you know as soon as possible.

CWMTF Trustees, guests and staff will stay at the Hampton Inn at 5181 Southport Supply Road Southeast in Southport. Contact 910-454-0016.

Brunswick County has invited CWMTF Trustees, guests, and staff to tour its new wastewater recycling facility (CWMTF #2004B-503) near Supply after the Board meeting on Monday, April 11. Brunswick County will provide transportation.

CWMTF staff will meet on at 10 am on Tuesday, April 12 in Raleigh.

CWMTF, the Land Trust for the Little Tennessee, and Macon County Soil and Water Conservation District will celebrate conservation of several tracts (CWMTF Project #2004B-020) at Spring Ridge Dairy on US Highway 441 south of Franklin on the Little Tennessee River at 11:00 am on April 22 in Macon County. Homemade ice cream will be served.

CWMTF and the NC Coastal Federation will celebrate conservation of the Quaternary tract on the White Oak River (CWMTF #2004A-011) on the morning of Friday, May 6.

The Board of Trustees of the Clean Water Management Trust Fund will meet May 15-16 in Goldsboro in Wayne County (new location), July 10-11 in Cary in Wake County, and August 7-8 in Charlotte.

The next deadline for applications for grants from CWMTF is June 1, 2005.  See www.cwmtf.net for more information.

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Announcements

See www.cityofsouthport.com and www.brunsco.net for more info. about Southport and Brunswick County.

CWMTF congratulates the Ecosystem Enhancement Program for being named among the top 50 new government initiatives in the 2005 Innovations in American Government Awards by Harvard University’s Kennedy School of Government.

Clean Water Lobby Day at the General Assembly is April 6, 2005. Contact Nicole Marschhauser at ConNet at 919-857-4699 X 105 or Nicole@ncconservationnetwork.org.

National Environmental Education Week is April 10-16, 2005. Contact www.eenorthcarolina.org.

State Parks and The Nature Conservancy will lead a tour of the proposed Carvers Creek State Park in Cumberland County (CWMTF Project #2004B-036 and 2005A-015) for legislators, CWMTF Trustees, and others on Monday, April 18.

Environmental Banking and Beyond, the 8th National Mitigation and Conservation Banking Conference will be April 18-21, 2005 in Charlotte. Contact www.mitigationbankingconference.com or 704-548-5473.

NC State University’s College of Natural Resources and many others are sponsoring “Conservation Based Development: Providing Community Benefits and Economic Returns” on April 20, 2005 at Catawba College in Salisbury and April 21 at the NC Arboretum in Asheville. Contact www.ncsu.edu/feop or 919-515-6883.

The Grand Opening of the Palmetto-Peartree Preserve in Tyrrell County will by April 23, 2005. The Conservation Fund acquired the property with funds provided by the NC Department of Transportation. Contact www.palmettopeartree.org or Jill Simonetti at 919-967-2223 or jsimonetti@conservationfund.org.

Keep Onslow Beautiful will present its 2004 Environmental Award to CWMTF, NHTF, the Nature Conservancy, Wildlife Resources Commission, and the US Marines Corps for acquisition of the Beck Tract (CWMTF #2001B-036) at the Robert L. Franck Awards Breakfast on April 28, 2005 in Richlands.

NC Land Trust Council will meet April 28-29, 2005 at Browns Summit. Contact www.ctnc.org or 919-828-4199.

Conservation Council of NC and other conservation organizations hold the annual conservation legislative reception at the Museum of Natural Sciences on May 4, 2005.

NC League of Municipalities Town Hall Day at the General Assembly is May 11, 2005.

The 32nd Annual Meeting of the Cape Fear River Assembly is May 12-13, 2005 at the NC Aquarium at Fort Fisher and at the Marriott at Carolina Beach.

2005 Spring Wings is May 12-15 in Northeastern NC. Contact www.wingsoverwater.org.

NC Parks & Recreation Authority will meet May 13-14, 2005 at Umstead State Park.

Land & Water Conservation Day at the General Assembly is May 25, 2005.

2005 National Urban Forest Conference: “Nature at Your Service” will be November 17-18, 2005 in Charlotte. Contact www.americanforests.org/conference/.

See www.ncstormwater.org for information about stormwater pollution. 

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Infrastructure/Wastewater Committee
(Trustees Mosley, Chairman; Howard, Markey, L. Smith, R. Smith, & Wright)
Clean Water Management Trust Fund
Southport Community Building
223 East Bay Street
Southport, North Carolina
Sunday, April 10, 2005

AGENDA

12:30 pm            K-A. Call to Order

• Welcome – Chairman Mosley
• Executive Order Number One – Chairman Mosley
• Revisions and additions to the Agenda – Chairman Mosley

12:35 pm            K-B.  Review of Standard CWMTF Wastewater Contract – Francine Durso (Information Item)

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12:45 pm            K-C.  Status of Active Wastewater Project Contracts – Francine Durso and Damon Tatem (Information Items)

• General Contracts Status – Francine Durso
• 1997B-512 – Town of Swansboro’s Wastewater Land Application Project – Damon Tatem

  The Board provided a grant of up to $1,740,000 to the Town of Swansboro in April 1998 to fund a new land application system for the Town and remove its wastewater discharge into Foster Creek.  The Town spent $532,000 in grant funds to purchase the property in June 1999. A total of $632,936 has been paid to date for the land and some design with the last payment made in June 2001.  The Division of Water Quality reports that there have been significant issues with permitting of the site culminating in the need for an individual US Army Corps of Engineers permit for wetlands impacts; the permits might be issued in early summer 2005.  The contract expires on December 15, 2005 and has already been extended twice.  If the permits are issued this summer, the Town will not be able to complete the project by the expiration date.  $1,107,064 remains in this contract.

• 2003A-601 – Bay River Bay River Metropolitan Sewerage District Reelsboro Septic Tank Clean Up Project – Damon Tatem

  The Board approved a grant of up to $136,000 to the Bay River Metropolitan Sewerage District (BRMSD) in November 2003 to design the expanding of a regional wastewater collection system to the unsewered community of Reelsboro.  BRMSD has spent no funds to date.  BRMSD has recently requested a meeting with staff regarding this project and staff has been made aware that BRMSD may wish to use the funds instead to design a system to serve a different location, and wanted to bring the issue to the attention of the Board. 

  CWMTF provided a grant of $1,650,000 to Pamlico County to assist BRMSD (CWMTF #1997A-001) in 1997.  BRMSD requested $3,010,725 from CWMTF to construct the Reelsboro project in June 2004 (CWMTF #2004B-601).

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1:00 pm            K-D.  2001B-502 – Camden County’s Wastewater Land Application Project  – Damon Tatem (Information Item)

In January 2003 the Board approved a grant of up to $438,000 to Camden County in the Pasquotank River Basin for the design and permitting of a new wastewater treatment plant and land application system to match a $3,000,000 Unsewered Communities Rural Center grant.  In November 2004, the Board committed additional construction funds up to $2,126,000 once the County receives all permits for the project.  In April 2005, the Camden County Board of Commissioners voted to reduce the capacity of the project to 100,000 gallons per day and to relocate both the plant and the land application site near the Camden Village center.  The County will need to redesign the facility for the new site and obtain the necessary permits.  CWMTF has paid the County all of the $438,000 for design. 

1:10 pm            K-E. 2004B-506 – Town of Ellerbe’s Wastewater UV Disinfection Project – Bern Schumak (Action Item)

At its November 15, 2004 meeting, the Board approved a grant of up to $150,000 to assist the Town of Ellerbe with installation of an ultraviolet treatment system for its wastewater.  CWMTF required the Town to perform a treatability study to determine if UV treatment would work. The study found that the continuous backwash filters originally  proposed would have problems and that the UV system required a larger and more expensive sand filter system. On February 25, 2005 the Town wrote CWMTF and requested an additional $165,000 for a total of $315,000 for the project. CWMTF staff recommends that the Board approve an additional $165,000 and that the project remain eligible for funding up to $315,000 in the 2005A Spring Cycle.

1:20 pm            K-F. Review of 2005A Deferred Infrastructure/Wastewater Projects – Chairman Mosley and CWMTF Staff (Action Items)

• 2004A-501 – City of Dunn’s Wastewater System Rehabilitation System Project – Nancy Guthrie
• 2004A-507 – Town of Lucama’s Wastewater Collection System Rehabilitation Project – Leland Heath
• 2004B-509 – Town of LaGrange’s Wastewater Reuse Project – Leland Heath
• 2004B-513 – New Hanover County’s Landfill Leachate Land Application Project – Nancy Guthrie
• 2004B-516 – Town of Spring Lake’s Wastewater Treatment Upgrade Project – Nancy Guthrie 
• 2004B-502 – Biscoe, Star & Troy Regional Wastewater Project – Bern Schumak
• 2004B-507 – Town of Halifax’s Wastewater Collection Rehabilitation and Regionalization Project – Leland Heath
• 2004B-601 – Bay River MSD Reelsboro Failing Septic Tank Removal Project – Damon Tatem
• 2004B-602 – Edgecombe Water & Sewer District #5 – Leland Heath
• 2004B-603 – Town of Macon’s Sewer Rehabilitation – Leland Heath

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2:20 pm            K-G. Review of 2005A Wastewater Repair Projects – Chairman Mosley and CWMTF Staff (Action Items)

• 2005A-501 – Town of Ayden’s Wastewater Collection System Rehabilitation Project – Leland Heath
• 2005A-502 – Town of Biscoe’s Wastewater Treatment Improvement Project – Bern Schumak
• 2005A-503 – Town of Enfield’s Wastewater Collection System Rehabilitation Project – Leland Heath
• 2005A-504 – Town of Farmville’s Wastewater Solids Reduction Project – Leland Heath
• 2005A-505 – Town of Pikeville’s Wastewater Collection System Rehabilitation Project – Leland Heath
• 2005A-506 – Town of Pittsboro’s Wastewater Reuse and Robeson Creek Greenway Project – Nancy Guthrie 
• 2005A-507 – Town of Wallace’s Wastewater Treatment Upgrade Project – Nancy Guthrie

3:20 pm            K-H. Review of 2005A Septic Tank Repair Projects – Chairman Mosley and CWMTF Staff (Action Items)

• 2005A-601 – Town of Greenevers Wastewater Collection and Regionalization Project – Nancy Guthrie
• 2005A-602 – Town of Northwest’s Charter Day School Water & Sewer Line Extension Project – Nancy Guthrie
• 2005A-603 – Town of Scotland Neck’s Pecan Grove Project – Leland Heath
• 2005A-604 – Swain County’s Bryson Branch Wastewater Collection Project – Tom Massie
• 2005A-605 – Town of Winton’s Tunis Sewer Line Extension Project – Damon Tatem

3:50 pm            K-I. Review of 2005A Wastewater Planning Project – Chairman Mosley and CWMTF Staff (Action Item)

• 2005A-804 – Town of Manteo’s Alternatives to Discharging Wastewater into Shallowbag Bay Planning Project – Damon Tatem

4:00 pm            K-J. Adjourn.

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AGENDA

The Stewardship Committee meeting will begin upon the conclusion of the Infrastructure/Wastewater Committee meeting and may start before or after 4:15 pm.

4:15 pm            C-A. Call to Order

• Welcome – Chairman Baddour
• Executive Order Number One – Chairman Baddour
• Revisions and additions to the Agenda – Chairman Baddour

4:20 pm            C-B. Update on Violation of CWMTF & NCCLT Conservation Easements on CWMTF Project #1998B-012 – Robin Hammond & Nancy Guthrie (Information Item)           

4:25 pm            C-C. Update on Adoption of a Stewardship Policy by the Department of Environment & Natural Resources – Chairman Baddour (Information Item)

4:30 pm            C-D. Stewardship of CREP Conservation Easements – Leland Heath & Bill Holman (Information & Discussion Item)

CWMTF has provided two grants to the Division of Soil & Water Conservation (DSWC) for the Conservation Reserve Enhancement Program (CREP): $5, 885,549 (1998A-999) for CREP Phase I and $4,200,000 (2002A-305) for CREP Phase II.

The US Natural Resources Conservation Service monitors CRP/CREP easements for 15 years. Local soil and water conservation districts will monitor easements for the next 15 years or in perpetuity.

The Revised Budget for CREP Phase I provided $809,817 for stewardship of CREP conservation easements by local soil and water conservation districts. DSWC spent these funds on administration and acquisition of easements and closed out its Phase I grant from CWMTF in September 2004.

At its November 2003 meeting, the Board approved $4,200,000 for CREP Phase II. The budget for CREP Phase II provides  $1,460,000 for stewardship costs for both Phases I and II.  DSWC shifted stewardship costs from Phase I to Phase II because of the Department’s ongoing development of a stewardship policy and the need to close out the Phase I grant in a timely manner.

CWMTF staff has not disbursed any funds for stewardship pending the development of a stewardship policy by the Board. CWMTF staff will not disburse any funds for stewardship for CREP easements until the Board approves a stewardship policy. CWMTF staff will not permit DSWC to spend the $1,460,000 allocated for stewardship for other purposes unless DSWC requests and receives permission from the Board. 

CWMTF staff seeks guidance from the Board on the cost effectiveness of providing stewardship funds for 30-year easements on small tracts or where stewardship costs are greater than the value of the easement.

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4:40 pm            C-E. Update on Development of Stewardship Legislation – Chairman Baddour (Information Item)

At its March 13, 2005 meeting the Stewardship Committee asked the Attorney General and CWMTF staff for advice on establishing a fund to manage funds set aside for stewardship of permanent conservation easements and on whether the State Treasurer could invest and manage the funds of a non-profit foundation providing stewardship services to CWMTF and other state agencies.

4:45 pm            C-D. Development and Adoption of CWMTF Stewardship Policy – Chairman Baddour (Potential Action Item)

The EEP/CWMTF Stewardship Task Force recommended establishing an endowment held by a third party, such as a foundation, to be the funding source for perpetual stewardship on conservation easements.

Staff recommends that the Board continue its discussion of this recommendation along with the other options that the Task Force considered, including: 1) a periodically renewable state contract, 2) a state-held endowment (like another trust fund), and 3) an endowment held by each stewardship provider. 

Staff further recommends that the Board select its preferred option and then invite comments from land trusts and other agencies before making a final decision on the funding source for stewardship.

5:15 pm            C-E. Adjourn.

Legislative Committee
(All Trustees, McMillan, Chairman)
Clean Water Management Trust Fund
Southport Community Building
Southport, North Carolina
Sunday, April 10, 2005

AGENDA

John McMillan, Chairman, Presiding

The Legislative Committee meeting will begin upon the conclusion of the Stewardship Committee meeting and may start before or after 5:30 pm.

5:30 pm            D-A. Call to Order – Chairman McMillan                     

• Welcome – Chairman McMillan
• Executive Order Number One – Chairman McMillan
• Revisions and additions to the Agenda – Chairman McMillan

5:35 pm            D-B. Update on Development of 2005-2007 State Budget – Chairman McMillan

5:40 pm            D-C. Information in Support of Full Funding for CWMTF and Other Conservation Trust Funds – Chairman McMillan and Bill Holman

5:50 pm            D-D. Meetings with Senate Leaders and Senators – Chairman McMillan

6:00 pm            D-E. Meetings with House Leaders and Representatives – Chairman McMillan

6:10 pm            D-F. Other Legislation

• SB 405, Wildlife Conservation & Present Use Value Property Taxation, by Senator Hartsell
• SB 521, Amend Conservation Income Tax Credit, by Senator Clodfelter
• SB 586, Establish Carvers Creek and Hickory Nut Gorge/Chimney Rock State Parks, by Senators Dalton and Rand
• SB 654, CWMTF May Fund Mitigation Projects (DOT Agency Bill), by Senator Jenkins and HB 746, CWMTF May Fund Mitigation Projects (DOT Agency Bill), by Representatives Cole and Coates
• SB 692, Green Square Building Project, by Senator Rand & others and companion bill HB 724, by Representative Ross & others
• SB 726, No Condemnation for Conservation, by Senator Berger & HB 864, No Condemnation for Mayo River State Park, by Representatives Cole and Holloway
• SB 835, Zoning/Jet Noise Zones, by Senator John Kerr
• SB 925, Oyster Restoration and Protection Act, by Senator Clodfelter
• SB 981, Drinking Water Reservoir Protection Act, by Senator Janet Cowell
• SB 998, Implement Coastal Habitat Protection Plan, by Senator Albertson
• SB 1046, Infrastructure Foundation for 21st Century, by Senator Clodfelter
• SB 1091, Clean Water Act of 2005, by Senator Kerr
• SB 1117, 2005 Military Support Act, by Senators Rand, Kerr & Thomas & HB 942, 2005 Military Support Act, by Representatives Glazier, Dickson, Underhill & Pate
• SB 1122, Rename WRP/Codify Ecosystem Enhancement Program, by Senator Albertson
• SB 1129, Fund Stream Mapping, by Senator Clodfelter

6:30 pm            D-G. Adjourn.

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