THE FOLLOWING GUIDELINES and CRITERIA WILL APPLY ONLY TO ACQUISITIONS IN PARTNERSHIP WITH FEDERALLY FUNDED WORKING FOREST CONSERVATION EASEMENTS; OTHERWISE the STANDARD CWMTF CONSERVATION EASEMENT SHALL REMAIN IN EFFECT.

Use of the CWMTF Working Forest Conservation Easement:

1. This easement does not replace the CWMTF standard Conservation Easement.

2. This easement will be used only in partnership with the federally funded USDA Farmland Protection Program and the Forest Legacy Program.

3. Grant awards towards the purchase of such an easement will take into consideration the value of the harvestable timber. An award would be proportionately less than would be for a standard easement that allowed no timber harvest. The applicant will submit a separate appraisal of standing timber in the forest management zone, as described in this document, made by a registered forester selected by CWMTF.

Goals and Guiding Principles of the CWMTF Working Forest Conservation Easement:

1. To protect water quality.

2. To maintain, or restore to natural conditions, the forest ecosystem structure and function, as described in the specific site easement.

3. To allow some economic benefit to the landowner through limited timber management.

NOTE: The priority consideration for implementation of each and all requirements described under this easement are to achieve the goals and guiding principles.

100 ft. Minimal Impacts Zone
1. The 100 ft. minimal impact zone will be applied to both sides of perennial or intermittent streams as indicated on the most recent version of the USGS 7.5’ topographic quadrat map, or the county’s USDA NRCS Soil Survey. Confirmation may be achieved through field determination.

200 ft. Forest Management Zone (outside of the 100 ft. no-cut zone)

Ephemeral streams:

1. A 10-foot minimal impacts zone, or 1 tree width of representative species, size and spacing, will be applied to both sides of ephemeral streams outside of the 100 ft. minimal impacts zone. This protection will be also be applied to ephemeral streams throughout the entire working forest area that is covered by all the partnering programs, including that forestland outside of this 300 ft. easement.

Planning

2. A forest management plan developed and approved by a registered forester is required, and provided to CWMTF, Grantee and landowner. The plan must be developed and provided to CWMTF, Grantee and landowner prior to disbursement of funds from CWMTF, and updated every 10 years (more often as needed). Approval of the plan by CWMTF is required.

3. Pre-harvest notification of grantee, DFR, CWMTF, SWCD and landowner is required at least 30 days prior to harvest. A written pre-harvest plan must be created by a registered forester and provided to DFR, landowner, grantee and CWMTF 15 days prior to expected harvest date. Use of DFR’s “FPG Self Audit Program” will be required during any activity within the easement. DFR personnel or a registered forester will conduct on-site inspection during activities and will provide supporting documentation of the results to the grantee, landowner and CWMTF. Formal approval of the operation by CWMTF is required.

4. Pesticide (including herbicide) application necessary to control extensive forest pest (including exotic and pest plants) and disease infestation is allowed. A Forest Herbicide Action Plan must be developed and provided to grantee prior to herbicide application. Formal approval of the Action Plan by CWMTF, grantee or landowner is not required, but they have the opportunity to disapprove, and to have concerns addressed before the Plan is implemented.

5. Prescribed burns should only be used to achieve the goals and guiding principles of this easement and described in the forest management plan. A Certified Burner must be on site during any prescribed burning activity. The Prescribed Burn Plan must be approved by DFR, and provided to the grantee, landowner and CWMTF. Formal approval of the plan by CWMTF, grantee or landowner is not required, but they have the opportunity to disapprove, and to have concerns addressed before the plan is implemented.

Harvesting

6. If any trees protected by these requirements are cut or damaged by the landowner or his/her logger, the landowner and logger will reimburse CWMTF three times the timber value of the cut or damaged trees.

7. No clear cut or seed tree harvesting, unless required for restoration to natural conditions and explicitly provided for in the forest management plan.

8. Site-specific considerations for tree harvest in the 200 ft. forest management zone, which falls within a jurisdictional wetland, will be considered on a case-by-case basis, with natural wetland preservation and restoration receiving priority consideration.

9. Harvest of individual dead or infected trees, or trees that endanger structures or human life and safety, is allowed.

10. Timber felling to be directed away from the streams, including ephemeral, and minimal impacts zone.

11. Selective harvesting must maintain 50% of the pre-harvest stand, maintaining the relative proportion of diameter, species and spacing.

12. Reforestation shall result in either pre-harvest species composition or site restoration of natural species in keeping with the goals and principles of this easement.

13. Re-entry to the site for selective harvesting of the remaining 50% overstory: must be in keeping with the goals and principles of this easement; must be included in the forest management plan; is allowed when successful tree regeneration has been achieved across a minimum of 90% of the cut area and

Equipment

14. Tree removal must be accomplished in a manner consistent with the purposes and goals of this easement. No more than 10% of the root mat, resulting in exposed soil, may be disturbed by this activity. Violation of this guideline may result in immediate stoppage of work and termination of the timber sale agreement. The logger, landowner and grantee must sign an agreement to this item.

15. Logging decks or mill sites are allowed only to the extent necessary to achieve the goals and guiding principles of this easement; these facilities may be placed no closer than 200 feet of identified streams and must be identified in the forest management plan.

16. Fertilizer allowed for initial establishment purposes only. Soil tests must be performed and recommendations followed to ensure minimal loss of nutrients (most efficient and effective use).

Sediment & erosion control

17. No new permanent stream crossings. Temporary bridgemat crossings may be used, must meet requirements of 15A NCAC 1I .0203, and be described in the forest management plan. Temporary crossings may only be used if existing crossings are inadequate for the goals and guiding principles of this easement.

18. Sediment control, (groundcover or other) BMPs must be implemented within 10 days after the start of a land-disturbing activity (harvest, roads, trails, etc.).

19. Stabilization/revegetation with native species of entire disturbed areas must take place within 30 days after the activity ceases. (15A NCAC 1I .0203 and .0209)