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Board of Trustees

Clean Water Management Trust Fund

Holiday Inn Brownstone

1707 Hillsborough Street

Raleigh, North Carolina

Monday, January 12, 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 Robert Howard

1) Welcome – The Honorable Kenn Gardner, Chair, Wake County Board of Commissioners (invited)
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 November 18, 2003 meeting of the Board of Trustees in Raleigh – Chairman Howard
7) NC Association of Soil & Water Conservation Districts annual meeting on January 5 and 6, 2004 – Trustee Leroy Smith
8) Seymour Johnson Air Force Base briefing on January 16, 2004 – Trustee Phil Baddour
9) 2004 CWMTF Committee Appointments – Chairman Howard

8:45 am B. Public Comments

1) Billy Ray Hall, President, NC Rural Economic Development Center

9:00 am C. Personnel Committee Report – Committee Chairman Ronnie Smith (Action Items – See 1/11/04 Committee Agenda)

9:15 am D. Long Range Planning Committee Report – Committee Chair Karen Cragnolin (Potential Action Item on Monitoring – See 1/11/04 Committee Agenda)

9:30 am E. Joint Report by Long Range Planning Committee and Criteria Committee - Committee Chair Karen Cragnolin and Committee Chairman Dickson McLean (Potential Action Item Regarding Adoption of New Water Quality Criteria – See 1/11/04 Committee Agenda)

9:45 am F. 2003 Annual Report on NC’s Million Acre Initiative – Richard Rogers, Director, DENR/Office of Conservation & Community Affairs

10:00 am G. Break

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10:10 am H. Executive Director’s Report – Bill Holman

1) 2003 Report to Joint Legislative Commission on Government Operations, Environmental Review Commission, Joint Appropriations Subcommittee on Natural & Economic Resources, and Fiscal Research Division – Bill Holman
2) 2003-2004 Budget update – Francine Durso
3) Status of 2002A, 2002B, 2003A and Other Contracts – Francine Durso
4) Update on Tyrrell County Hidden Lake Contract (2001A-029) – Francine Durso
5) 2003 CWMTF Annual Report – Lisa Schell
6) Washington Post Story on Conservation Easements on 12/22/03 – Lisa Schell
7) Communications Update – Lisa Schell
8) Governor Easley’s Appointment of Damon Tatem to Joint Legislative Commission on Seafood & Aquaculture – Bill Holman
9) Nancy Guthrie’s Fellowship with the Natural Resources Leadership Institute – Bill Holman
10) Update on Reimbursement to CWMTF for DuPont State Forest Settlement – Bill Holman
11) Update on NC Aquarium Society’s Whalebone Junction Stormwater Project (2001B-023) – Bill Holman
12) Pamlico County/Bay River Metropolitan Sewerage District Nutrient Trading Status (1997A-001) – Bill Holman
13) Update on City of Raeford’s Peddlars Branch Stormwater Project (2002A-708) – Bill Holman
14) Update on Town of Emerald Isle’s (2000B-703) proposed land swap – Bill Holman & Joy Wayman
15) Ecosystem Enhancement Program (EEP): EEP and CWMTF need to develop consistent conservation easements and contracts – Bill Holman & Tom Jones
16) US Department of Agriculture Hardwood Tree Initiative in Floodplains – Leland Heath
17) National Watershed Needs – Bill Holman
18) “Green Giants: Large Urban Parks” – Bill Holman
19) US Environmental Protection Agency’s Consolidated Watershed Solicitation Request for Proposals – Bill Holman

 

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10:25 am I. Attorney General’s Report – Frank Crawley

1) Update on separate Memorandums of Understanding between CWMTF and the Town of Nags Head and Dare County (NC Aquarium Society Whalebone Junction Stormwater Project No. 2001B-023)

10:30 am J. Mr. Chris Dreps, Director, Upper Neuse River Basin Association – “Upper Neuse Watershed Management Plan”

11:00 am K. 2003M-008 – Orange Water and Sewer Authority’s Cane Creek Reservoir watershed tracts in Orange County – Nancy Guthrie (Action Item)

On December 15, 2003, the Orange Water and Sewer Authority (OWASA) requested a mini-grant of up to $25,000 to pay for pre-acquisition costs associated with the fee simple acquisition of a 144-acre dairy farm and the acquisition of a conservation easement on a 467-acre tract in the Cane Creek Water Supply Watershed in the Cape Fear River Basin. OWASA requested $897,810 from CWMTF on December 1, 2003 to acquire these two tracts (CWMTF Project No. 2004A-022) but wishes to proceed with the pre-acquisition work such as survey, appraisal, and Phase 1 Environmental Site Assessment as soon as possible. CWMTF staff has reviewed the request, believes that it qualifies, and recommends that the Board approve OWASA’s request up to $25,000 with the following conditions: 1) the mini-grant may be applied toward the pre-acquisition costs on only these two tracts, and 2) if these tracts are later acquired with CWMTF funds, the CWMTF standard conservation easement and conditions will apply including the 300-foot wide riparian buffer along all perennial and intermittent streams and/or reservoir shoreline on each tract, and the area outside of the 300-foot wide buffer of each tract may contain no more than 10% of impervious and man-made pervious cover.

At its July 2003 meeting in Raleigh, the CWMTF Board approved funding for eight mini-grants up to $200,000 for fiscal year 2003-2004. If the Board approves OWASA’s request, funds for two mini-grants will remain available.

11:10 am L. 2003D-009 – The Lumber River Conservancy’s CP&L High Hills tract in Robeson County – Nancy Guthrie (Action Item)

On November 25, 2003 The Lumber River Conservancy requested up to $9,150 to pay transaction costs associated with the donation of fee simple ownership by CP&L of 9 acres known as the High Hills tract on the Lumber River in Robeson County. The Lumber River Conservancy will hold the title. CWMTF staff has determined that the donation of this property will protect water quality and recommends that the Board approve The Lumber River Conservancy’s request up to $9,200.

At its September 2003 meeting in Eden, the CWMTF Board approved funding up to $200,000 for fiscal year 2003-2004 for grants to pay the transaction costs associated with the donations of conservation easements that protect water quality. If the Board approves The Lumber River Conservancy’s request, $30,400 will remain available for donated easement grants.

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11:20 am M. 2003D-010 – The City of Waynesville’s Allens Creek water supply watershed survey in Haywood County – Tom Massie (Action Item)

On December 18, 2003 the City of Waynesville requested up to $25,000 to be applied toward the cost of surveying the approximately 6,000-acre Allens Creek water supply watershed in preparation for donating a conservation easement on the watershed to the Southern Appalachian Highlands Conservancy. The City and CWMTF will each pay half of the survey cost, estimated to be $48,800. In 1997, CWMTF provided a grant of $500,000 to the City (CWMTF No. 1997A-012) to acquire three tracts in the watershed totaling 690 acres. The City will donate a conservation easement to the State for the 690 acres acquired with CWMTF and City funds. The 690 acres recently acquired has been surveyed. In addition to matching CWMTF funds with City funds the City pledged to donate a conservation easement on the entire 6,000 acres watershed owned by the City. The City plans to donate a conservation easement in 2004. CWMTF staff recommends that the Board approve the request up to $25,000. CWMTF funds will be matched 1:1 with City funds.

At its September 2003 meeting in Eden, the CWMTF Board approved funding up to $200,000 for fiscal year 2003-2004 for grants to pay the transaction costs associated with the donations of conservation easements that protect water quality. If the Board approves Waynesville’s request, $5,400 will remain available for donated easement grants.

11:30 am N. 1998B-015 – Sanford/Lee County’s Little Buffalo Creek Buffer 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. Sanford/Lee County was unaware that CMWTF funds could not be used to acquire structures and assumed that CWMTF funds could be used for the acquisition of properties, including structures, for its greenway project. On December 16, 2003 Sanford/Lee County met with CWMTF staff to discuss acquisition of structures and related issues. 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 either ad valorem tax value or appraised value. The properties are described in the letter and are located in downtown Sanford along Little Buffalo Creek.

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. This grant agreement with CWMTF expires on September 30, 2004. No extensions will be granted. Sanford/Lee County may apply to CWMTF in the future to extend the greenway to the Deep River.

CWMTF staff is reviewing the Phase I Environmental Assessment of the King Roofing Properties. CWMTF staff will consult with the State Property Office and the Attorney General’s Office before approving acquisition of a conservation easement or restrictive covenants on the property. The costs to clean up the property may substantially reduce its fair market value. A Phase I Environmental Assessment has not been prepared on the Williams Old Mill Properties. CWMTF requires a Phase I Environmental Assessment before acquiring a conservation easement.

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11:40 pm O. Mecklenburg County Little Sugar Creek Restoration Project (2002B-402) – Francine Durso (Action Item)

CWMTF approved a grant of $400,000 to Mecklenburg County (CWMTF Project No. 2002B-402) in July 2003 to assist with restoration of Little Sugar Creek in the Catawba River Basin. On December 4, 2003 Mecklenburg County Stormwater Services staff met with CWMTF staff and on Dec. 24, 2003 wrote CWMTF requesting that rather than place the standard CWMTF conservation easements on the restoration tracts, that an easement negotiated by the County and the DENR/Wetlands Restoration Program (WRP) and approved by the US Army Corps of Engineers be allowed to be used instead, with two more restrictive conditions as described in the letter from the County. CWMTF’s standard conservation easement is more comprehensive and stricter than WRP’s, especially with regard to utility crossings. CWMTF staff recommends that the Board allow the use of the WRP easement with the two more restrictive conditions for this project so that the County can move forward with implementation of the project in 2004.

CWMTF also approved a grant of $1,200,000 to Mecklenburg County (CWMTF Project No 2002B-703) in July 2003 to reduce stormwater pollution in Belmont Branch, a tributary of Little Sugar Creek. CWMTF staff will work with the County to develop a more restrictive conservation easement that provides for reasonable utility crossings but is more protective than WRP’s easement. CWMTF staff will report on our progress to the Restoration/Stormwater Committee and the Board no later than April 2004.

CWMTF needs to develop a more flexible standard conservation easement for use on urban streams. WRP’s conservation easement allows too many utility crossings that could negate the public investment in restoration. WRP (EEP) and CWMTF staff need to work together to develop consistent contracts and conservation easements for both restoration and preservation projects.

11:50 P. 2004A Cycle Projects, Notebooks, and Review Schedule – Tom Jones (Information Item)

12:00 pm Q. Discussion

12:15 pm R. Adjourn

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CWMTF Announcements

The Personnel Committee (Trustees R. Smith, Chair; Cragnolin, Howard, McLean & L. Smith) will meet from 1:30 – 2:15 pm on Sunday, January 11, 2004 at the Holiday Inn Brownstone. Agenda

The Long-Range Planning Committee (Trustees Cragnolin, Chair; Brooks, Hollan, Markey, Maguire, & Baddour) will meet from 2:30 – 4:30 on Sunday, January 11, 2004 at the Holiday Inn Brownstone. Agenda

The Long-Range Planning Committee (Trustees Cragnolin, Chair; Brooks, Hollan, Markey, Maguire, & Baddour) and the Critieria Committee (Trustees McLean, Chairman; Brooks, Hollan, Lathrop, & Mosley) will meet jointly from 4:45 – 6:00 on Sunday, January 11, 2004 at the Holiday Inn Brownstone. Agenda

CWMTF trustees, guests, and staff are invited to dinner at 6:45 pm on Sunday, January 11, 2004 at 42nd Street Oyster Bar at 508 West Jones Street (corner of West Jones and West Street) in Raleigh.

No lunch will be served at the CWMTF Board of Trustees meeting on January 12, 2004.

All committee meetings are open to the public; all trustees are welcome.

CWMTF staff will meet after the board meeting on Monday, January 12.

For more information about the Upper Neuse River Basin Association

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

CWMTF, Department of Transportation, Natural Heritage Trust Fund, Department of Environment & Natural Resources, NC Wildlife Resources Commission, The Nature Conservancy, and others will celebrate conservation of the Needmore tract (CWMTF Project #2002B-016) on the Little Tennessee River on Thursday, January 15, 2004, at 11:00 am at the Nantahala Outdoor Center in Bryson City. Contact Lisa Schell for more information (email here or call 919.716.0057).

Brigadier General Eric Rosborg will brief CWMTF Trustees and staff on opportunities to protect water quality and to prevent encroachment at Seymour Johnson Air Force Base on Friday, January 16, 2004 at 9:30 am in Goldsboro.

The Board of Trustees of CWMTF will meet on February 8-9, 2004 in Moore County; March 14-15, 2004 in the Outer Banks region; April 18-19, 2004 in Caldwell County; and May 9-10, 2004 in Raleigh. Locations are tentative.

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Other Announcements

NC Association of Soil & Water Conservation Districts is hosting a Summit on Working Lands Conservation in conjunction with its annual meeting on January 5, 2004 and a session on collaboration between CWMTF and soil & water conservation districts on January 6, 2004 at the Sheraton Hotel in Research Triangle Park.

Gaston and Mecklenburg Counties are sponsoring the “Mountain Island Lake Workshop” on January 14, 2004 from 10:00 am – 2:30 pm at the Gaston County Citizens Resource Center in Dallas to explore opportunities and strategies for protecting water quality in Mountain Island Lake, the regional water supply for Gastonia, Mount Holly, and Mecklenburg County. Contact Rusty Rozzelle at rozzers@co.mecklenburg.nc.us or 704-336-5449.

DENR/Division of Water Quality invites interested parties to submit water quality information relevant to the Hiwassee, Little Tennessee, Roanoke, Savannah, Watauga, and White Oak River Basins by January 16, 2004. DWQ will utilize the information to develop basinwide water quality plans and to report to the US Environmental Protection Agency as required by Section 303(d) of the Clean Water Act. Contact Tom Reeder, DWQ Planning Branch, 1617 MSC, Raleigh, NC 27699-1617, 919-733-5083, ext 557.

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 April 8, 2004.

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

The Professional Engineers of North Carolina and the American Council of Engineering Companies of North Carolina will sponsor a conference on Total Water Management, including water reuse, stream restoration, nutrient trading and other innovative water management strategies. Co-sponsors include CWMTF, the NC League of Municipalities, DENR, the North Carolina 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, which will be held on March 24, 2004 at NC State University’s McKimmon Center in Raleigh. Contact Francine Durso for more information (francine@cwmtf.net or 919.716.0055).

The Water Resources Research Institute’s 2004 Annual Conference will be March 30-31, 2004 at NC State University’s McKimmon Center in Raleigh.

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

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Additional Resources:

Long Range Planning Committee Agenda

Joint Criteria/Long Range Planning Agenda

Personnel Committee Agenda

News Release

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