December 10,2002 Meeting of the Clean Water Management Board of Trustees

Executive Director's Report
Action Items
CWMTF Announcements
Other Announcements
Directions to the Rural Economic Development Center

 

Board of Trustees
Clean Water Management Trust Fund
Rural Economic Development Center
Wake County Office Park
4021 Carya Drive
Raleigh, North Carolina
Tuesday, December 10, 2002

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.

Robert D. Howard, Chairman, Presiding

9:30 am A. Call to Order - Chairman Howard

1) Welcome - Chairman Howard
2) Roll Call - Gina Weaver
3) Executive Order Number One - Chairman Howard
4) Revisions and additions to the agenda - Chairman Howard
5) Review and approval of Minutes of July 23, 2002 Board meeting in Raleigh - Chairman Howard
6) Review and approval of Minutes of August 18-19, 2002 Board meeting in Tyrrell County - Chairman Howard
7) Review and approval of Minutes of September 15-16, 2002 Board meeting in Ashe County - Chairman Howard
8) Review and approval of Minutes of October 27-28, 2002 Board meeting in Troy - Chairman Howard
9) Review and approval of Minutes of November 12-13, 2002 Board meeting in Raleigh - Chairman Howard

9:45 am B. Public Comments

10:00 am C. Personnel Report - Chairman Howard

10:10 am D. Long Range Planning Report - Committee Chair Karen Cragnolin

10:20 am E. Criteria Report - Committee Chair Dickson McLean

10:30 am F. Executive Director's Report - Bill Holman

1) Budget update - Francine Durso
2) Status of CWMTF 2001A and other contracts - Francine Durso
3) Status of CWMTF 2001B time-sensitive contracts - Francine Durso
4) Status of CWMTF 2001B contracts - Francine Durso
5) Communications update - Lisa Schell
6) CWMTF financial assistance & technical assistance and Farm Bill Programs - Bill Holman
7) January 13, 2002 Board Meeting on forestry, water quality and working forest conservation easements - Bill Holman
8) DENR/DOT's Ecosystem Enhancement Program (EEP) Update - Bill Holman

10:40 am G. Attorney General's Report - Frank Crawley

10:45 am H. 1998A-999 - DENR/Division of Soil & Water Conservation's Conservation Reserve Enhancement Program (CREP)(Action Item) - Tom Jones

On November 11, 2002 DENR/Division of Soil & Water Conservation (DSWC) requested permission to expand CREP to the Pasquotank, Roanoke, White Oak, and Cape Fear River Basins to protect and restore water quality in all rivers draining to NC's estuaries, to be consistent with Virginia's CREP, and to simplify administration of the program in counties split by river basins. . CREP currently assists farmers in the Chowan, Tar-Pamlico, Neuse and Upper Cape Fear River Basins. CWMTF staff recommends that the Board approve DSWC's request. The Board will review DSWC's 2002A-305 request for $4.3 million to continue CREP at its March 16-17, 2003 meeting.

10:50 am I. 1998A-604 - Jackson County's Straight Pipe Elimination Project Waiver Request (Action Item) - Tom Massie

On November 6, 2002 the Jackson County Department of Public Health requested a waiver from the Board's straight pipe elimination deferred loan policy in order install a septic tank for Ms. Alva D. Worley at 97 Ladderback Trail in Sylva. The lowest bid for the project was $6000. At its October 2001 meeting in Wilmington the Board of Trustees adopted a motion that allowed up to 50% of CWMTF grants to remove straight pipes and repair septic tanks to be used as deferred loans. The Board capped deferred loans at up to $3500 per eligible household. CWMTF staff believes that Ms. Worley's case is a special hardship case and recommends that the Board approve a waiver to its policy and approve up to $6000 for this repair.

10:55 am J. 2001B-010 - City of Hendersonville's Mud Creek Project - Tom Massie (Action Item)

On October 18, 2001 the City of Hendersonville wrote CWMTF to report that it had acquired two properties on Mud Creek and that it was working with DENR's Wetland Restoration Program to restore the sites. Hendersonville has requested withdrawal of its application for a grant from CWMTF. CWMTF staff recommends that the Board accept Hendersonville's request.

11:00 am K. 2001B-043 - Piedmont Land Conservancy's Horsepen Creek Project in Greensboro - Bern Schumak (Action Item)

On November 22, 2002 the Piedmont Land Conservancy worte CWMTF to request withdrawal of its application for a grant from CWMTF. CWMTF staff recommends that the Board accept PLC's request.

11:05 am L. Budget Changes to Tentatively Approved Projects (Carried forward from November 13, 2002 Meeting in Raleigh) (Action Items) - Bill Holman

1) 2000B-705 - Town of Lake Waccamaw (stormwater project). Staff recommends phased funding of this $4.5 million project with $2.65 million approved this fiscal year.
2) 2001B-017 - The Nature Conservancy (Bear Garden in Pender County). Staff recommends increasing CWMTF's contribution to $8.0 million from $6.19 million.
3) 2001B-020 - The Nature Conservancy (Great Coharie Creek). Staff recommends decreasing CWMTF's contribution to $1.5 million from $1.6 million and acquisition of the entire tract.

11:20 am M. 2001A-029 - Tyrrell County (Hidden Lake) - Bill Holman
(Action Item)

Staff recommends that Board approve $772,000 for 2001A-029 to acquire a conservation easement on 772 acres and to acquire the preservation credits, if any, on the 772 acres. The owners will donate restoration credits on the remaining 47 acres to Tyrrell County. The owners may have to amend their agreement with the Mitigation Banking Team to sever the preservation credits, if any, from the restoration credits.

11:25 am N. Budget and Other Changes to Tentatively Approved 2002A Projects - Bill Holman (Action Items)

1) 2002A-007 - Ducks Unlimited's Salt Works Project on the Newport River. At its November 13, 2002 meeting in Raleigh the Board tentatively approved $860,000 for 2002A-007 and required the DU match CWMTF funds with 2120 acres of conservation easements on two tracts. On November 18, 2002 DU wrote CWMTF and requested that it be allowed to match CWMTF funds with 1054 acres of conservation easements that it has already acquired. CWMTF staff recommends that the Board accept DU's request and retain its previous conditions requiring public access and oyster reef enhancement.
2) 2002A-009 - Foothills Conservancy of NC (Carpenter tract on Broad River). Staff made an error in its presentation on this project at the November 13, 2002 meeting in Raleigh and recommends increasing CWMTF's contribution to $191,000 from $175,000 for an increase of $16,000.
3) 2002A-017 - The Nature Conservancy's Boone Fork Creek Project on Grandfather Mountain. At its November 13, 2002 meeting in Raleigh the Board approved 3 payments of $1,117,000 to acquire a conservation easement. CWMTF staff recommends that the Board increase its contribution to $1,350,000 in fiscal year 2002-03 in order to cover transaction costs and provide two additional payments of $1,000,000 in fiscal years 2003-04 and 2004-05 for a total of $3,350,000.
4) 2002A-030 - Triangle Land Conservancy's Justice Tract on the Deep River. At its November 13, 2002 meeting in Raleigh the Board approved $1,825,000 to acquire a conservation easement on the Justice tract. CWMTF staff recommends that the Board provide $825,000 in fiscal year 2002-03 and provide two additional payments of $500,000 in fiscal years 2003-04 and 2004-05 for a total of $1,825,000.

11:45 am O. Recommendation to Defer 2001B-033 - NC Wildlife Resources Commission (Chowan River tracts) - Bill Holman (Action Item)

Staff recommends that final action on 2001B-033 be deferred until the February 16-17, 2003 Board meeting when it can be considered with 2002A and 2002B acquisition projects. The Board tentatively approved 2001B-033 at its February 2002 meeting in Lumberton. Neither WRC nor The Nature Conservancy has negotiated options or contracts on these tracts.

Note at its November 13, 2002 meeting in Raleigh the Board deferred 2001B-028 - NC Coastal Land Trust (Cool Springs/Weyerhaeuser tracts on the Neuse River) until the February 16-17, 2003 Board meeting. The Board also tentatively approved 2001B-028 at its February 2002 meeting in Lumberton.

11:50 am P. Recommendation to Not Fund Tentatively Approved 2002A Projects - Tom Jones (Action Items)

2002A-704 - Town of Liberty Wastewater Collection System Improvements Phase II -- $203,000

12:00 noon Q. Working Lunch at the Rural Center

12:15 pm R. Final Approval of Tentatively Approved 2002A Projects - Tom Jones (Action Items)

See "Draft - 2002A Cycle: Staff Recommendations to Fund in Priority Order by CWMTF, December 10, 2002" for a total of $16,528,000.

12:45 pm S. Final Decision to Not Fund 2002A Projects - Tom Jones (Action Item)

See "Draft - 2002A Cycle: Projects Not Funded by CWMTF, December 10, 2002."

1:00 pm T. Final Decision to Accept Requests to Withdraw Applications for 2002A Projects - Bill Holman (Action Item)

See "Draft - 2002A Cycle: Projects Withdrawn by CWMTF at the Request of Applicants, December 10, 2002."

1:15 pm U. Recommendation to Defer 2002A Projects - Tom Jones (Action Item)

See "Draft - 2002A Cycle: Projects Deferred by CWMTF for More Information Until Spring 2003, December 10, 2002."

The Board has previously approved deferral of some of these projects.

1:30 pm V. 2000A-509 - Town of Murfreesboro (Action Item) - Francine Durso

On November 12, 2002, the Town of Murfreesboro wrote to advise CWMTF that the tract they were attempting to purchase from International Paper, with the grant funds, could not be obtained from IP for fair market value. The Town is relinquishing the grant ($176,000) because the acquisition cannot be completed.

1:40 pm W. Discussion

1:55 pm X. Adjourn

CWMTF Announcements

The Rural Economic Development Center is located at 4021 Carya Drive in the Wake County Office Park off Poole Road in Raleigh. Click here or call 919-250-4314 for directions.

The Grant Criteria Committee (Trustees McLean, Chairman; Ansbacher, Brooks, Hollan, Markey & Wakild) will meet from 5:00 - 6:30 pm on Monday, December 9, 2002 at the Watson House in Raleigh.

The Long Range Planning Committee (Trustees Cragnolin, Chair; Ansbacher, Gwyn, Hollan, Howard, Markey, Wakild & Wilson) will meet from 8:00 - 9:15 am on Tuesday, December 10, 2002 at the Rural Center in Raleigh.

CWMTF Trustees, guests, and staff are invited to dine together at Southend Brewery and Smokehouse in Raleigh on Monday, December 9, 2002 at 7:00 pm. (505 West Jones Street, 832-4604).

The Board of Trustees of the Clean Water Management Trust Fund will meet on January 12-13, 2003 in Raleigh and February 16-17, 2003 in Greenville.

Other Announcements

The Association of Soil and Water Conservation District Supervisors meets January 5-7, 2003 in Pinehurst.

The next deadline for applications for grants from the Natural Heritage Trust Fund is February 10, 2003. The Board of Trustees of the Natural Heritage Trust Fund will meet on April 10, 2003 in Raleigh.

The Board of Trustees of the Park & Recreation Authority meets March 21-22, 2003 at Lake Waccamaw State Park.


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