March 13-14 2005 Meeting of the Clean Water Management Board of Trustees

Stewardship Committee Agenda
Legislative Committee Agenda
Personnel Committee Agenda
Restoration/Stormwater Committee

Board of Trustees
Clean Water Management Trust Fund
Sheraton Raleigh Hotel
421 South Salisbury Street
Raleigh, North Carolina
Monday, March 14, 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.

Robert D. Howard, Chairman, Presiding

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

1) Welcome to Raleigh – The Honorable Thomas Crowder, Raleigh City Councilor
2) Roll Call – Gina Weaver
3) Executive Order Number One – Chairman Howard
4) Revisions and additions to the Agenda – Chairman Howard (Action Item)
5) Please put cell phones on vibrate or off – Chairman Howard
6) Review and approval of the transcript of the February 14, 2005 meeting of the Board of Trustees in Randolph County – Chairman Howard (Action Item)
7) Audit of CWMTF by State Auditor – Trustee Vaughan
8) February 15, 2005 Letter from Lewis Ledford, Director of Division of Parks & Recreation to Chairman Howard (CWMTF #2004B-038)
9) February 20, 2005 Asheville Citizen Guest Editorial – Trustee Cragnolin
10) February 22, 2005 Rural Center Clean Water Bonds Event – Trustees Markham & Mosley
11) February 23, 2005 NC Coastal Federation’s Oyster Summit – Trustee L. Smith
12) February 25, 2005 Meeting on Restoration and Management of Sandy Mush – Trustees Beane & Cragnolin
13) Signed Copy of Stream Mapping Resolution – Chairman Howard
14) Recognize CWMTF Advisory Committee Members – Chairman Howard

8:45 am B. Public Comments

9:00 am C. Stewardship Committee Report – Chairman Baddour (See March 13, 2005 Stewardship Committee Agenda)

9:10 am D. Legislative Committee Report – Chairman McMillan (See March 13, 2005 Legislative Committee Agenda)

9:20 am E. Personnel Committee Report – Chairman R. Smith (See March 13, 2005 Personnel Committee Agenda)

9:30 am F. Executive Director’s Report – Bill Holman

1) 2004-2005 Budget update – Francine Durso
2) Status of 2004A, 2004B and Other Contracts – Francine Durso
3) CWMTF Annual Report – Lisa Schell
4) Communications Report – Lisa Schell
5) “Stormwater by the Numbers” and other stormwater information –Lisa Schell
6) NC Coastal Federation Fact Sheet on CWMTF – Lisa Schell
7) Response to Mr. Dawson Singletary regarding the Town of Bladenboro’s Wastewater Land Application Project (CWMTF #2001B-501) and Bryant Swamp – Francine Durso
8) February 14, 2005 Friends of the Funds letter to Governor Easley – Bill Holman
9) Friends of the Funds – Bill Holman
10) Clean Water Working Group – Bill Holman
11) February 22, 2005 Memo to NC’S Congressional Delegation Regarding Protection of Military Bases – Bill Holman
12) March 3, 2005 Meeting with Tennessee Officials – Bill Holman
13) March 7, 2005 CREP Working Group Meeting – Leland Heath
14) Easement Violation at Black River Farms, LLC (CWMTF Project #1998B-012) – Robin Hammond
15) “Stewardship Begins in Our Backyards” by Haywood Waterways – Tom Massie
16) CWMTF Funded Projects in Wake County – Bill Holman

9:45 am G. Attorney General’s Report – Frank Crawley

1) Review CWMTF’s Enabling Legislation (GS 113-145)
2) February 11, 2005 letter from Grayson Kelley, Chief Deputy Attorney General, regarding McCormick versus Hanson Aggregates and public records

10:00 am H. Break

10:10 am I. 2005A-603 – Town of Scotland Neck’s Pecan Grove Wastewater Collection System Project – Leland Heath (Action Item)

On February 24, 2005 the Town of Scotland Neck wrote CWMTF and requested that its Pecan Grove Wastewater Collection System Project (CWMTF #2005A-603) be withdrawn because it did not receive matching funds from the NC Rural Economic Development Center. CWMTF staff recommends that the Board accept the Town’s request.

Both CWMTF and Rural Center have provided grant funds to assist Scotland Neck: $430,000 for sewer rehabilitation (CWMTF #2000A-516) and $100,000 for wastewater treatment plant improvements (CWMTF #2001A-507).

10:15 am J. “Saving the Goodliest Land: Investing in North Carolina’s Land, History and Future” – Kate Dixon, Land for Tomorrow Coalition

10:45 am K. Restoration/Stormwater Committee Report (See March 13, 2005 Committee Agenda) – Chairman Beane (Action Items)

12:00 pm L. Working Lunch

12:30 pm M. Discussion

12:45 pm N. Adjourn

CWMTF Announcements

The CWMTF Restoration/Stormwater Committee (Trustees Beane, Chairman; Coleman, Hester, Markham, McMillan & Weston) will meet at 12:30 pm on Sunday, March 13 at the Sheraton Raleigh Hotel. Agenda

The CWMTF Stewardship Committee (Trustees Baddour, Chairman; Hollan, McMillan, Mosley, Vaughan & Wright) will meet at 4:00 pm on Sunday, March 13 at the Sheraton Raleigh Hotel. Agenda

The CWMTF Legislative Committee (Trustee McMillan, Chairman; All Trustees) will meet at 5:00 pm on Sunday, March 13 at the Sheraton Raleigh Hotel. Agenda

The CWMTF Personnel Committee (Trustees R. Smith, Chairman; Cragnolin, Howard, McLean & L. Smith will meet at 6:00 pm on Sunday, March 13 at the Sheraton Raleigh Hotel. Agenda

CWMTF committee meetings will begin upon the conclusion of the previous Committee meeting and may start before or after the actual time as 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, March 13 at 7:00 pm at Southend Brewery and Smokehouse at 505 West Jones Street in Raleigh. Contact 919-832-4604.

CWMTF staff will meet on Tuesday, March 15 at 10:00 am in Raleigh to review infrastructure/wastewater projects and other issues.

CWMTF Administrative Officer Lenette Sherwood has been named Budget Officer for the NC Division of Soil & Water Conservation effective March 14, 2005. CWMTF commends Lenette for her service to CWMTF and congratulates her on her new position.

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

The next deadline for applications for grants from CWMTF is June 1, 2005.

See www.cwmtf.net for more information.

Other Announcements

The Board of Trustees of the Parks & Recreation Authority will meet on March 18-19, 2005 at Hammocks Beach State Park and May 13-14, 2005 at Umstead State Park. The next deadline for applications for local government grants from the national Land and Water Conservation Fund (LWCF) administered by the Division of Parks & Recreation is March 31, 2005.

The Natural Heritage Trust Fund Board of Trustees will meet on March 31, 2005.

The NC Division of Water Quality has released the 2005 Draft French Broad River Basinwide Water Quality Plan for public review and comment. See http://h2o.enr.state.nc.us/basinwide/FrenchBroadRiverBasin.htm or call Robin Markham at 919-733-5083 ext 558 to request a copy. Written comments are due by March 4, 2005.

The Professional Engineers of North Carolina and the American Council of Engineering Companies of North Carolina will sponsor a conference on Innovative Infrastructure Funding. 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. The conference will be held on March 16, 2005 at NC State University’s McKimmon Center in Raleigh. Contact Francine Durso for more information (francine@cwmtf.net or 919.716.0055).

The One North Carolina Naturally Conference will be March 30-31, 2005 in Raleigh. Contact http://www.onencnaturally.com/.

The Water Resources Research Institute’s 2005 Annual Conference will be April 4-5, 2005 at NC State University’s McKimmon Center in Raleigh. Topics include Low Impact Development Approaches for Sustainable Water Management and Managing Water Quality & Quantity: Integrating Science, Technology & Policy.

Clean Water Lobby Day at the General Assembly is April 6, 2005.

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

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 703-548-5473.

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.

Land & Water Conservation Day at the General Assembly will be in May 25, 2005.

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

DENR has launched a new stormwater website, www.ncstormwater.org. The goal of the site is to educate North Carolina residents, local government officials and businesses about stormwater and polluted runoff – the largest single contributor to water pollution in North Carolina. The site’s Toolbox area assists NPDES Stormwater Phase II communities conduct the public education, outreach and participation required by the federal government. The website is an “umbrella” of sorts in that it pulls data from all DENR divisions that deal with stormwater and presents it one place. The site also links to research, guidance, technical assistance and public education tools from other states.

The US Environmental Protection Agency is accepting nominations for watershed proposals under the Targeted Watersheds Grant Program (formerly called Watershed Initiative) until May 19, 2005. Contact www.lgean.org/html/whatsnew.cfm?id=875.

The Trust for Public Land (TPL) has released a handbook, “Source (water) Protection Handbook: Using Land Conservation to Protect Local Drinking Water Supplies.” Contact www.lgean.org/html/whatsnew.cfm?id=869 or www.tpl.org.

Restoration/Stormwater Committee
(Trustees Beane, Chairman; Coleman, Hester, Markham, McMillan & Weston)
Clean Water Management Trust Fund
Sheraton Raleigh Hotel
421 South Salisbury Street
Raleigh, North Carolina
Sunday, March 13, 2005

AGENDA

Ron Beane, Chairman, Presiding

12:30 pm K-A. Call to Order

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

12:35 pm K-B. Review of Standard CWMTF Restoration and Stormwater Contracts – Francine Durso (Information Item)

12:45 pm K-C. Status of Active Restoration and Stormwater Project Contracts – Francine Durso and Bern Schumak (Information Item)

1) General Contracts Status – Francine Durso
2) Division of Soil and Water Conservation’s Agricultural Sediment Project (2001A-405) – Bern Schumak

The Board provided a grant of up to $1,000,000 to the Division of Soil & Water Conservation in November 2001 to reduce sedimentation pollution from farms. CWMTF and DSWC entered into a contract on October 10, 2002. The contract expires on December 31, 2007. The project is progressing much more slowly than envisioned. To date, only $53,560 has been expended by CWMTF. The Division has contracted for some BMPs and has established some monitoring baselines.

1:00 pm K-D. 2002A-708 – City of Raeford’s Peddlars Branch Stormwater Wetlands Project – Bill Holman (Action Item)

On July 22, 2003, the Board approved a grant of up to $296,000 to the City of Raeford to help fund construction of a stormwater wetland through modification of an existing pond, contingent upon the City endorsing the Fort Bragg-Pope Air Force Base Joint Land Use Study (JLUS) recommendations to prevent encroachment by incompatible development around the base. The City has been unwilling to comply with that requirement or to propose an alternative for the Board to consider. As a result, a contract for this project has never been drafted or executed.

In 2004 Hoke County began to develop an alternative plan to the JLUS. CWMTF wrote Raeford on January 21, 2005 requesting information about the development and adoption of the Hoke County land use plan being developed by Hoke County so that CWMTF would have up to date information. CWMTF also requested an updated budget for the project. Raeford applied to CWMTF in June 2002. On February 22, 2005, the City wrote CWMTF stating that the Hoke County Land Use Plan will be on the County Board’s agenda for adoption on March 5, 2005. (Hoke County is in the JLUS area; Raeford is not.) The City also provided a revised budget; the overall project cost has increased by $74,000 to $464,967.

CWMTF staff will report to the Committee on the action taken by the Hoke County Board of Commissioners on March 5 and make a recommendation to the Committee on March 13.

1:10 pm K-E. 2002B-805 – Western Carolina University’s Stream Restoration Effectiveness Study – Tom Jones (Action Item)

On July 2, 2003, the Board approved a grant of up to $167,000 to Western Carolina University to characterize project costs, design strategies, monitoring programs, assess effectiveness of structures and determine specific factors of success to facilitate the planning, design and implementation of stream restoration projects across the three geographic regions of North Carolina. As a condition of the grant, WCU is required to provide a comprehensive annual report to the Fund with enough detail so that the Fund can determine whether the products of the grant meet the scope of work and the expectations of the Fund. At the February 14, 2005 meeting, Dr. Thomas Martin, Professor of Biology, WCU gave a PowerPoint presentation to the Board on the “Stream Restoration BMP Evaluation Project: Development and Status.”

CWMTF staff recommends that the Board approve moving forward with phase II of the grant agreement with Western Carolina University.

1:20 pm K-F. Update on Proposed Conservation Easement for Urban Restoration and Stormwater Contracts – Robin Hammond (Information Item)

CWMTF’s standard conservation easement prohibits utility crossings and other uses in the riparian buffers. It is too inflexible for most urban streams. CWMTF has contracted with Andrew Burg to develop a standard conservation easement for urban streams that permits construction and maintenance of infrastructure but also protects water quality. CWMTF staff plans to bring a draft conservation easement for urban restoration and stormwater projects to the Board later this year.

1:25 pm K-G. Update on Monitoring Proposal Discussion with NC State University’s Water Quality Group – Bill Holman & Beth McGee (Information Item)

1:35 pm K-H. Review of 2005A Deferred Restoration/Stormwater Projects – Chairman Beane and CWMTF Staff (Action Items)

1) 2004B-404 – Valle Crucis Park, Inc.’s Watauga River Park Greenway Restoration ($106,250) – Tom Massie
2) 2004A-701 – Cape Fear RC&D’s Soccerplex at Flemington Landfill ($3,299,560) – Nancy Guthrie
3) Status of other deferred projects – Bill Holman

1:50 pm K-I. Review of 2005A Restoration/Stormwater Projects – Chairman Beane and CWMTF staff (Action Items)

1) 2005A-401 – NCSU Cooperative Extension’s Watauga River Restoration ($561,000) – Tom Massie
2) 2005A-401 – Pilot View RC&D’s Shoals Restoration on Ararat River ($502,500) – Bern Schumak
3) 2005A-701 – City of Kinston’s Catfish Branch Stormwater Project ($370,773) – Leland Heath
4) 2005A-702 – Mecklenburg County’s McDowell Creek Stormwater Project in Mountain Island Lake Watershed ($638,032) – Bern Schumak
5) 2005A-703 – NC Coastal Federation’s Old Hammocks Beach Ferry Terminal Stormwater Project ($195,841) – Damon Tatem

2:40 pm K-J. Review of 2005A Restoration/Stormwater Planning Projects – Chairman Beane and CWMTF staff (Action Items)

1) 2005A-802 – Environmental Education Fund’s Statewide Stormwater Education Plan ($563,600) – Bern Schumak
2) 2005A-805 – National Committee for New River’s Boone Creek Greenway and Restoration Plan ($30,000) – Bern Schumak
3) 2005A-807 – Robeson County’s COMtech’s Stormwater Management Plan ($238,000) – Nancy Guthrie
4) 2005A-810 – Upper Cullasja Watershed Association’s Watershed Restoration Plan ($99,727) – Tom Massie
5) 2005A-811 – Watershed Association of the Tuckasegee River’s Savannah Creek Watershed Action Plan ($39,600) – Tom Massie

3:20 pm K-K. Restoration/Stormwater Issues – Chairman Beane, Bill Holman, and CWMTF staff (Discussion Items)

Staff presents these questions and issues to the Committee for discussion. If the Committee wishes, staff will bring back more specific proposals to the Committee in the future for action.

1) Should CWMTF require restoration and stormwater projects to be designed to at least manage the water from a specific level of storm such as 10-year storm or 25-year storm?
2) Should CWMTF participate in stream restoration projects that cost more than $200/linear foot (including land & monitoring costs)? EEP does not fund projects that cost more than $200/linear foot.
3) Should CWMTF participate in stormwater projects that cost more than $8.00/cubic foot of treatment (Stormwater applications from 2002B – 2005A cycles have ranged from $0.55 - $29.00/cubic foot of treatment.)?
4) Should CWMTF fund restoration and stormwater projects in urbanizing areas where the amount of impervious surface and stormwater will significantly increase in the future or should CWMTF focus on built out urban watersheds and rural watersheds?
5) Should CWMTF provide funds to assist local governments with compliance with EPA and State Phase I and Phase II stormwater rules or only fund local governments trying to go beyond compliance?
6) Should CWMTF fund stormwater projects designed to collect and treat stormwater from new development?
7) Should CWMTF require local governments to comply with EPA and State stormwater rules in order to apply for CWMTF funds? With FEMA and State floodplain management rules?
8) How should CWMTF measure local effort for restoration and stormwater projects (similar to High Unit Cost calculations for wastewater projects)? Local stormwater ordinance? Local floodplain management ordinance? Local stormwater utility? Local stormwater capital improvement program?
9) Should CWMTF encourage the development of multi-jurisdictional regional stormwater utilities such as the Mecklenburg County program? If so, how?
10) The number of applications to CWMTF for acquisition and wastewater projects has steadily increased, while the number of applications for restoration and stormwater projects has slightly decreased. Should CWMTF staff work to increase the number of restoration and stormwater applications to CWMTF?

3:50 pm K-L. Adjourn.

Stewardship Committee
(Trustees Baddour, Chairman; Hollan, McMillan, Mosley, Vaughan & Wright)
Clean Water Management Trust Fund
Sheraton Raleigh Hotel
421 South Salisbury Street
Raleigh, North Carolina
Sunday, March 13, 2005

AGENDA

Phil Baddour, Chairman, Presiding

The Stewardship Committee meeting will begin upon the conclusion of the Restoration/Stormwater Committee meeting and may start before or after the actual time as shown on the agenda.

4:00 pm C-A. Call to Order

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

4:05 pm C-B. Violation of CWMTF & NCCLT Conservation Easements on CWMTF Project #1998B-012 – Robin Hammond & Nancy Guthrie (Information & Discussion Item)

4:15 pm C-C. Meeting with DENR Deputy Secretary Dempsey Benton on Ecosystem Enhancement Program/Clean Water Management Trust Fund Stewardship Task Force Recommendation – Chairman Baddour (Information Item)

4:25 pm C-D. Development and Adoption of CWMTF Stewardship Policy – Chairman Baddour, Francine Durso & Nancy Guthrie (Potential Action & Discussion Items)

The EEP/CWMTF Stewardship Task Force developed a model baseline documentation report (BDR) (Attachment D in their report). CWMTF staff recommends that the Board adopt the model BDR as a minimum standard for CWMTF.

The EEP/CWMTF Stewardship Task Force developed a model annual monitoring report form (Attachment E in their report) for land trusts to submit to State agencies such as CWMTF. CWMTF staff recommends that the Board adopt this model.

The EEP/CWMTF Stewardship Task Force developed a worksheet to calculate estimated costs for monitoring and management of each site (Attachment B in their report).

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

Staff recommends that the Board discuss the pros and cons of this recommendation along with the other options the Task Force considered, including: 1) a periodically renewable state contract, 2) a state-held endowment, and 3) an endowment held by each stewardship provider. Staff further recommends that the Board invite comments from land trusts and other agencies before making a final decision on the funding source for stewardship.

Staff notes that the national Land Trust Alliance (LTA) has developed standards and practices for land trusts. LTA may eventually require land trusts to be certified. CWMTF could require certification of land trusts in order to be eligible for future CWMTF funds.

CWMTF field representatives randomly visit CWMTF projects and conservation easements. However current CWMTF staff is not able to carefully review all annual monitoring reports

4:50 pm C-E. Adjourn

Legislative Committee
(All Trustees, McMillan, Chairman)
Clean Water Management Trust Fund
421 South Salisbury Street
Raleigh, North Carolina
Sunday, March 13, 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 the actual time as shown on the agenda.

5:00 pm D-A. Call to Order – Chairman McMillan

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

5:05 pm D-B. 2005-2007 State Budget – Chairman McMillan

On February 23, 2005 Governor Easley recommended that the General Assembly appropriate $62,000,000 to CWMTF in each year of the biennium. This is a 38% cut from the $100,000,000 appropriation required by GS 143-15(a).

5:10 pm D-C. Talking Points in Support of Full Funding for the Clean Water Management Trust Fund and Other Trust Funds – Chairman McMillan and Bill Holman

5:20 pm D-D. Meetings with Senate Leaders – Chairman McMillan

5:30 pm D-E. Meetings with House Leaders – Chairman McMillan

5:40 pm D-F. Other Legislative Issues and Goals – Chairman McMillan

5:50 pm D-G. Adjourn

Personnel Committee
(Trustees R. Smith, Chair; Cragnolin, Howard, McLean & L. Smith)
Clean Water Management Trust Fund
Sheraton Raleigh Hotel
421 South Salisbury Street
Raleigh, North Carolina
Sunday, March 13, 2005

AGENDA

Ronnie Smith, Committee Chairman, Presiding

The Personnel Committee meeting will begin upon the conclusion of the Legislative Committee meeting and may start before or after the actual time as shown on the agenda.

6:00 pm E-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

6:05 am E-B. Personnel Issues

1) Staff Performance Reviews – Bill Holman & Francine Durso
2) CWMTF Administrative Officer Position – Bill Holman & Francine Durso
3) Status of Phase 2 Pay Equity Increase for two newer CWMTF Field Representatives – Bill Holman
4) Processing of Contracts – Bill Holman & Francine Durso

6:30 pm E-C. Adjourn

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