Meeting of the Clean Water Management Board of Trustees
February 9,2004

Acquisition Committee Agenda
2004A Acquisitions
Stewardship Committee
Long Range Planning/Criteria Committee Agenda
Personnel Committee Agenda
Budget Committee
CWMTF Announcments

Board of Trustees
Clean Water Management Trust Fund
Holiday Inn
650 US Highway 1 & Morganton Road
Southern Pines, North Carolina
Monday, February 9, 2004

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

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

1) Welcome – The Honorable Michael Holden, Chairman, Moore County Board of Commissioners
2) Roll Call – Gina Weaver
3) Executive Order Number One – Chairman Howard
4) Revisions and additions to the Agenda – Chairman Howard
5) Please put cell phones on vibrate or off – Chairman Howard
6) Review and approval of the transcript of the January 12, 2004 meeting of the Board of Trustees in Raleigh – Chairman Howard
7) 2004 CWMTF Committee Appointments – Chairman Howard
8) Mountain Island Lake Workshop on January 14, 2004 – Trustee Maggi Markey
9) Needmore Celebration on January 15, 2004 – Trustees Ron Beane and Karen Cragnolin
10) Seymour Johnson Air Force Base Briefing on January 16, 2004 – Trustee Phil Baddour

8:45 am B. Public Comments – Chairman Howard

1) Kyle Sonnenberg, Manager, Town of Southern Pines
2) Richard Perritt, Executive Director, Sandhills Area Land Trust
3) Rick Studenmund, The Nature Conservancy

9:00 am C. Budget Committee Report – Chair Markey

9:10 am D. Personnel Committee Report – Chairman R. Smith

9:20 am E. Joint Report by the Long Range Planning Committee and Criteria Committee – Committee Chair Karen Cragnolin and Committee Chairman Dickson McLean (Action Item Regarding Adoption of New Water Quality Criteria – See 2/8/04 Committee Agenda)

9:40 am F. Stewardship Committee Report – Chairman Phil Baddour

9:50 am G. Break

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10:00 am H. Executive Directors Report – Bill Holman

1) 2003-2004 CWMTF Budget Update – Francine Durso
2) Update on Reimbursement to CWMTF for the DuPont State Forest settlement (1999A-005) – Bill Holman
3) Status of 2002B, 2003A and other contracts – Francine Durso
4) Report to the NER Subcommittee of the Joint Legislative Commission on Government Operations on January 20, 2004 – Bill Holman
5) Report to the Legislative Environmental Review Commission – Bill Holman
6) Property Tax Subcommittee on the Legislative Revenue Laws Study Commission – Bill Holman
7) 2003 CWMTF Annual Report – Lisa Schell
8) Communications Update – Lisa Schell
9) CWMTF Projects in Moore County – Bill Holman
10) Update on Pamlico County/Bay River MSD Nutrient Trading (1997A-001) – Bill Holman
11) Update on Town of Emerald Isle’s (2000B-703) proposed land swap – Joy Wayman
12) Update on NC Aquarium Society’s Whalebone Junction Stormwater Project (2001B-023) – Bill Holman & Damon Tatem
13) Update on Town of Raeford’s Peddlars Branch Stormwater Project (2002A-708) – Bill Holman
14) Natural Heritage Trust Fund 2002/03 Award Report – Bill Holman
15) Update on Ecosystem Enhancement Program (EEP) – Tom Jones
16) December 29, 2003 letter from Pamlico-Tar River Foundation and Coastal Caucus regarding CWMTF conservation easements – Bill Holman

10:20 am I. Attorney General’s Report – Frank Crawley

10:30 am J. The U.S. Army’s Efforts to Protect the Environment and Train Soldiers at Fort Bragg – Garrison Commander Col. Al Aycock (invited)

11:00 am K. 2004A-803 – NC Rural Economic Development Center’s Statewide Water Resources Inventory and Data Management Project – Nancy Guthrie & Tom Jones (Information Item)

11:15 am L. Acquisition Committee Report – Committee Chairman Hollan (Action Items – See 2/8/04 Committee Agenda)

12:00 M. Working Lunch at Holiday Inn

1:50 pm N. Discussion

2:00 pm O. Adjourn

CWMTF Announcements

The Acquisition Committee (Trustees Hollan, Chair; Garrett, Baddour, Cragnolin, McLean, Maguire, and Wright) will meet from 11:00 am – 3:00 pm on Sunday,
February 8 at the Holiday Inn in Southern Pines.

The Stewardship Committee (Trustees Baddour, Chair; Mosley, and Vaughan) will meet from 3:15 pm – 4:15 pm on Sunday, February 8 at the Holiday Inn in Southern Pines.

The Long Range Planning Committee (Trustees Cragnolin, Chair; Maguire, Baddour, Brooks, Hollan, Markey, and Vaughan) and the Criteria Committee (Trustees McLean, Chair; Brooks, Hollan, Lathrop, and Mosley) will meet jointly from 4:30 pm – 5:15 pm on Sunday, February 8 at the Holiday Inn in Southern Pines.

The Personnel Committee (Trustees R. Smith, Chair; Cragnolin, Howard, McLean and L. Smith) will meet from 5:30 pm – 6:30 pm on Sunday, February 8 at the Holiday Inn in Southern Pines.

CWMTF Trustees, guests, and staff are invited to dinner at 7:00 pm on Sunday, February 8 at the Lob Steer Inn Restaurant in Southern Pines near the Holiday Inn. Local legislators and officials have been invited. Call 910-692-3503 for directions.

The Budget Committee (Trustees Markey, Chair; Hester, Howard, McMillan, L. Smith, and Vaughan) will meet at 7:30 am on Monday, February 9 at the Holiday Inn in Southern Pines.

All CWMTF Committee meetings are open to the public; all Trustees are invited. The Holiday Inn can be contacted at 910-692-8585.

CWMTF staff will meet after the Board meeting on Monday, February 9.

The Board of Trustees of CWMTF will meet on March 14-15 on the Outer Banks; April 18-19 in Caldwell County; and May 9-10 at the NC Museum of Art in Raleigh.

The next deadline for applications for grants from the Clean Water Management Trust Fund is June 1, 2004.

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Other Announcements

Dr. Phil McKnelly has retired as Director of the DENR/Division of Parks & Recreation effective February 1, 2004. Secretary Bill Ross has appointed Lewis Ledford as Acting Director. McKnelly will become Executive Director of the National Association of State Park Directors.

The next deadline for applications for grants from the Natural Heritage Trust Fund is February 10, 2004. The Board of Trustees of the Natural Heritage Trust Fund will meet on March 25.

The NC Coastal Federation and others is sponsoring “An Encore of Oysters” on oyster habitat and water quality on March 16-17, 2004 at the Crystal Coast Convention Center in Morehead City. Contact Lauren Kolodij at 252-393-8185 or laurenk@nccoast.org or www.nccoast.org.

The Professional Engineers of NC and the American Council of Engineering Companies of NC will sponsor a conference on Total Water Management on March 24, 2004 at NC State University’s McKimmon Center in Raleigh. Water reuse, stream restoration, nutrient trading, and other innovative water management strategies will be discussed. Co-sponsors include CWMTF, NC League of Municipalities, DENR, NC Chapter of the American Water Works Association/Water Environment Association, and the NC Rural Water Association. Several CWMTF-funded projects will be featured at the conference. Contact Francine Durso at 919-716-0055 or Francine@cwmtf.net for more information.

The NC Water Resources Research Institute’s 2004 Annual Conference will be March 30-31, 2004 at NC State University’s McKimmon Center in Raleigh. See www.ncsu.edu/wrri or call 919-515-2815 for more information.

The NC Water Resources Research Institute, NC State University, DENR, and the US Environmental Protection Agency are sponsoring “Stormwater: Emerging Issues of Local Communities” on April 19-21, 2004 at the Grove Park Inn in Asheville. Contact www.soil.ncsu/swetc/stormwaterconf/main.htm for more information.

Acquisition Committee
(Trustees Hollan, Chair; Garrett, Baddour, Cragnolin, McLean, Maguire, & Wright)
Clean Water Management Trust Fund
Holiday Inn
US 1
Southern Pines, North Carolina
Sunday, February 8, 2004

AGENDA

Bill Hollan, Committee Chairman, Presiding

11:00 am A. Call to Order – Chairman Hollan

1) Welcome – Chairman Hollan
2) Executive Order Number One – Chairman Hollan
3) Revisions and additions to the Agenda – Chairman Hollan

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11:05 am B. 2001A-029 – Update on Tyrrell County’s Hidden Lake Project – Damon Tatem (Information Item)

11:10 am C. 2002A-001 – Update on Bryson City’s Lands Creek Watershed Protection Project – Tom Massie (Information Item)

In July 2003, CWMTF gave final approval to Bryson City for $1,531,000 to purchase a conservation easement on 462 acres of riparian buffer located on a 860-acre tract of property owned by the City. The draft contract was sent to Bryson City on Oct. 10, 2003 and the City was informed that if they did not execute the contract by March 10, 2004, then the offer of the grant would be withdrawn.

11:15 am D. Blue Ridge Rural Land Trust and High Country Conservancy Request to Reassign One Tract of the French Broad River Tracts (2002B-003) – Francine Durso (Action Item)

In July 2003, CWMTF gave final approval to Blue Ridge Rural Land Trust (BRRLT) for up to $128,000 to acquire donated easements on three tracts, with the easements to be held by BRRLT. Since that time, the owner of one tract (Kay Nunez) has expressed her interest in working with the High Country Conservancy (HCC) on this project, and HCC is interested in completing the donation. On Jan. 23, 2004, the BRRLT wrote CWMTF requesting that they be able to relinquish that portion of the grant contract to HCC, and HCC wrote to CWMTF stating that they would accept the contract with the same terms and conditions as the BRRLT contract. HCC has requested a reduced budget amount of $39,500 rather than the $48,000 awarded to BRRLT for this tract. CWMTF staff recommends that the Board approve these requests since the same tracts will be conserved, and at less cost.

11:20 am E. Catawba Lands Conservancy’s Aderholt Tract (2002B-004) – Bern Schumak (Action Item)

In July 2003, CWMTF gave final approval to Catawba Lands Conservancy (CLC) for up to $343,000 for the fee simple purchase of 75 acres of riparian buffers on the 219-acre Aderholt tract, with the condition that CLC would obtain and hold a restrictive permanent conservation easement on the upland 144 acres. On Nov. 12, 2003, CLC wrote CWMTF stating that this condition is unattainable as the landowner is unable to make that commitment at this time. CWMTF staff recommends that the Board approve CLC’s request to remove the condition, but reduce the grant amount by $4,000 that had been approved for project planning, administration and negotiation.

11:25 am F. 1998B-015 – Sanford/Lee County’s Little Buffalo Creek Greenway Project – Francine Durso (Action Item)

In 1999, CWMTF provided a grant of up to $765,000 to Sanford/Lee County to acquire properties for a greenway along Little Buffalo Creek in the Cape Fear River Basin. On December 18, 2003 Sanford/Lee County wrote CWMTF requesting that they be allowed to use CWMTF funds for purchase of four residential and two commercial properties, including structures.

At is January 12, 2004 meeting the Board debated and referred Sanford/ Lee County’s request to the Acquisition Committee for additional review and debate. Sanford/Lee County responded to CWMTF’s request for additional information on January 22, 2004.

CWMTF staff recommends that the Board approve acquisition of the four residential and two commercial properties, including structures, at either ad valorem tax value or appraised value, subject to review and approval by the State Property Office. CWMTF staff further recommends that the Board require Sanford/Lee County to relocate or demolish and remove the residential and commercial structures at its own expense or the expense of the property owners by December 31, 2004. CWMTF will not pay to acquire any other structures on the Little Buffalo Creek Greenway. The grant agreement between CWMTF and Sanford expires on September 30, 2004 and will not be extended. Sanford/Lee County may apply to CWMTF in the future to extend the greenway to the Deep River.

11:35am F. 2002A-017 – The Nature Conservancy’s Boone Fork Creek Watershed Protection Project at Grandfather Mountain – Tom Massie (Action Item)

In November 2002 the Board of CWMTF approved a grant of $3,350,000 -- phased over three years -- to assist The Nature Conservancy with acquisition of a conservation easement on the 925-acre Boone Fork Creek watershed on Grandfather Mountain in Watauga County in the Watauga River Basin. On January 23, 2004 The Nature Conservancy wrote CWMTF to explain that a survey of the Boone Fork Creek watershed determined that the total acreage is 719.566 acres and that Grandfather Mountain, Inc. has agreed to address the difference by adding a minimum of 206 acres of the adjacent Green Creek watershed. TNC has requested that CWMTF approve this change in the project. CWMTF staff has reviewed TNC’s request, found that the property in the Green Creek watershed is comparable to the property in the Boone Fork Creek watershed, and recommends that the Board approve TNC’s request.

11:40 am G. 2003A-010 – Update on The Conservation Fund’s Goshen Swamp & Grove Creek Project – Nancy Guthrie (Information Item)

11:45 am H. North Carolina Coastal Land Trust’s Suggestions on Conservation Easement Enforcement – Francine Durso (Information Item)

In September 2003, the North Carolina Coastal Land Trust wrote CWMTF suggesting options related to enforcing conservation easements, for consideration by the Board.

11:50 am I. Review of Standard CWMTF Acquisition Contract and Standard CWMTF Conservation Easement – Francine Durso (Information Item)

12 noon J. Status of Active Acquisition Contracts – Francine Durso (Information Item)

12:10 pm K. Review of 2004A and Other Acquisition Projects – Chairman Hollan and CWMTF staff (Action Items)

Projects acted favorably upon by the Committee and the Board of Trustees will remain eligible for further review later this year.

Deferred Projects

1) 2003A-037 – Piedmont Land Conservancy’s Glencoe Village Project on the Haw River $574,925)

2) CWMTF has referred many acquisition projects to the DENR/DOT Ecosystem Enhancement Program (EEP). CWMTF anticipates that EEP will fund the following projects: 2001B-020 – The Nature Conservancy’s Great Coharie Creek Project; 2002B-019 – Tar River Land Conservancy’s Sandy Creek Project; 2003A-007 – Catawba Lands Conservancy’s Rankin Tract on Stanley Creek; 2003A-016 – Nat Committee for the New River’s New River Heights Tract; 2003A-018 – The Nature Conservancy’s Long Hope Valley Project; 2003A-021 – The Nature Conservancy’s Roanoke & Cashie Rivers Project; 2003A-022 – The Nature Conservancy’s Upper Tar River Project; 2003A-034 – NC Wildlife Resources Commission’s Lone Mountain Gamelands; and 2003A-041 – Town of Troy’s Densons Creek Greenway Phase V.

3) CWMTF staff needs more information before evaluating four deferred projects: 2001A-705 – Town of Plymouth’s Roanoke River Greenway; 2003A-014 – Green Trust Alliance’s Flat Swamp Project; 2003A-020 – The Nature Conservancy’s Juniper Creek Project; 2003A-032 – NC Wildlife Resources Commission’s GMS Tract on the Alligator River.

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2004A Projects

1) 2004A-001 – Town of Apex’s Beaver Creek Greenway Project ($612,000) – Nancy Guthrie

2) 2004A-002 – Caldwell County’s Donahue Creek Watershed Protection Project ($1,912,000) – Bern Schumak

3) 2004A-003 – Town of Cary’s White Oak Creek Greenway Project Phase III ($1,217,300) – Nancy Guthrie

4) 2004A-004 – Catawba Lands Conservancy’s Pott Creek Project ($372,722) – Bern Schumak

5) 2004A-005 – Town of Fairbluff’s Lumber River Welcome Center Project ($163,000)

6) 2004A-006 – Foothills Conservancy’s Watermill tract on the Catawba River ($793,200)

7) 2004A-007 – City of Goldsboro/Wayne County’s Stoney Creek/Seymour Johnson Air Force Base Protection Project ($1,737,000)

8) 2004A-008 – City of Kinston’s Adkin Branch and Neuse River Floodplain Acquisition Project ($1,141,000) (See letter of January 7, 2004 requesting withdrawal of the application.)

9) 2004A-009 – City of Lumberton’s Lumber River Greenway Project ($100,000)

10) 2004A-010 – The Nature Conservancy’s Wallace Deer Club Acquisition Project ($8,707,063)

11) 2004A-011 – NC Coastal Federation’s Quarternary Tract on the White Oak River ($1,977,600)

12) 2004A-012 – NC Coastal Land Trust’s Fletcher Tract on Tranters Creek ($320,900)

13) 2004A-013 – NC Coastal Land Trust’s Marsh Tract on Shelter Creek ($327,800)

14) 2004A-014 – DENR/Division of Forest Resources Marshall Tract for Mountain Island Lake Educational State Forest ($114,675)

15) 2004A-015 – DENR/Division of Forest Resources Sifford Tract for Mountain Island Lake Educational State Forest ($776,475)

16) 2004A-016 – NC Wildlife Resources Commission’s H&M Farms Tract/Headwaters of Stones Creek ($1,132,000)

17) 2004A-017 – NC Wildlife Resources Commission’s Lower Johns River Tract ($2,624,500)

18) 2004A-018 – NC Wildlife Resources Commission’s Lanier Tract/Southwest Creek ($286,000)

19) 2004A-019 – NC Wildlife Resources Commission’s Ledbetter Tract on Hitchcock Creek ($1,372,564)

20) 2004A-020 – NC Wildlife Resources Commission’s Long Ridge Tract/Buffalo Creek ($3,932,150)

21) 2004A-021 – New Hanover County Soil & Water Conservation District’s YWCA Tract & Hewlett Creek Greenway Project ($175,000)

22) 2004A-022 – Orange Water & Sewer Authority Cane Creek Reservoir Protection Project Phase III ($897,810) (See letter of January 21, 2004 requesting withdrawal of this application. The Board of CWMTF approved a mini-grant to OWASA on January 12, 2004 for work on these two tracts.)

23) 2004A-023 – Pacolet Area Conservancy’s Strickland Tract on Walnut Creek Project ($366,477)

24) 2004A-024 – People for Parks’s (Raleigh) Lake Johnson Project ($350,000)

25) 2004A-025 – Sandhills Area Land Trust’s Methodist College Tract on the Cape Fear River ($728,104)

26) 2004A-026 – Southern Appalachian Highlands Conservancy’s Reems Creek Headwaters/Woodfin Watershed Protection Project ($3,233,080)

Trustees, staff and visitors are encouraged to eat an early lunch, bring a lunch, or a snack. No lunch will be served during the committee meeting.

3:00 pm L. Adjourn

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Stewardship Committee
(Trustees Baddour, Chair; Mosley, and Vaughan)
Holiday Inn
Southern Pines, North Carolina
Sunday, February 8, 2004

AGENDA

Phil Baddour, Committee Chairman, Presiding

3:15 pm A. Call to Order

1) Welcome – Chairman Baddour
2) Executive Order Number One – Chairman Baddour
3) Revisions and additions to the Agenda – Chairman Baddour

3:20 pm B. Stewardship Issues

1) Review of stewardship component of standard CWMTF acquisition contract – Francine Durso
2) Review of monitoring component of standard CWMTF conservation easement – Francine Durso
3) Review of document entitled “How to Calculate the Costs of Stewardship of a Conservation Easement….” developed by Colorado Open Lands, and used by the Conservation Trust for North Carolina to calculate stewardship costs – Francine Durso
4) Discussion of options – Chairman Baddour

  • Stewardship fund language in contracts and easements
  • Monitoring standards (how many visits, how thorough an assessment, how is the information saved?)
  • Baseline documentation reports
  • Stewardship fund formula
  • Conservation buyer guidance

4:15 pm C. Adjourn

Criteria Committee
(Trustees McLean, Chair; Brooks, Hollan, Lathrop, and Mosley)
Long Range Planning Committee
(Trustees Cragnolin, Chair; Maguire, Baddour, Brooks, Hollan, Markey, & Vaughan)
Holiday Inn
Southern Pines, North Carolina
Sunday, February 8, 2004

JOINT AGENDA

Dickson McLean, Committee Chairman &
Karen Cragnolin, Committee Chair, Presiding


4:30 pm A. Call to Order

1) Welcome – Chairman McLean and Chair Cragnolin
2) Executive Order Number One – Chairman McLean and Chair Cragnolin
3) Revisions and additions to the Agenda – Chairman McLean and Chair Cragnolin

4:45 pm B. Further Review and Discussion of October 24, 2003 Draft Staff Revisions Proposed for Criteria Scoring, As Amended by the Committees Meeting Jointly on January 11, 2004 – Tom Jones (Action Item)

5:05 pm C. Next Steps – Chairman McLean and Chair Cragnolin

5:15 pm D. Adjourn

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Personnel Committee
(Trustees R. Smith, Chair; Cragnolin, Howard, McLean and L. Smith)
Holiday Inn
Southern Pines, North Carolina
Sunday, February 8, 2004

AGENDA

Ronnie Smith, Committee Chairman, Presiding


5:30 pm A. Call to Order

1) Welcome – Chairman R. Smith
2) Executive Order Number One – Chairman R. Smith
3) Revisions and additions to the Agenda – Chairman R. Smith

5:35 pm B. Personnel Issues

1) Status of in-range salary adjustment for field representatives, senior water quality advisor, and administrative officer
2) Draft new organizational chart
3) Real estate manager position
4) Real estate assistant position
5) Contracts contractor

6:30 pm C. Adjourn

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Budget Committee
(Trustees Markey, Chair; Hester, Howard, McMillan, L. Smith, and Vaughan)
Holiday Inn
Southern Pines
Sunday, February 8, 2004

AGENDA

Maggi Markey, Committee Chair, Presiding

7:30 am A. Call to Order

1) Welcome – Chair Markey
2) Executive Order Number One – Chair Markey
3) Revisions and additions to the Agenda – Chair Markey

7:35 am B. Status of CWMTF Projects – Francine Durso

8:10 am C. Development of 2004-2005 CWMTF Administrative Budget – Francine Durso

8:15 am D. Adjourn

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