Scopes of Work on Grant Requests Before the CWMTF Board of Trustees, May 2004

SCOPES of WORK - MAY 2004

This document provides background and board action on grant requests before the Clean Water Management Trust Fund Board of Trustees at its May 2004, including staff recommendations, board committee recommendations and any previous actions taken by the board when available. Grant approvals made at the February meeting are tentative;final votes will likely be taken later in the year.

2001B-020 – The Nature Conservancy’s Great Coharie Creek Project ($1,800,000)
2002B-019 – Tar River Land Conservancy’s Allen Tract on Sandy Creek Project ($367,500)
2003A-006 – Catawba Lands Conservancy’s Rankin Tract on Stanley Creek Project ($2,940,195)
2003A-016 – National Committee for the New River’s New River Heights on the South Fork Project ($395,850)
2003A-018 – The Nature Conservancy’s Long Hope Creek Project in Ashe County ($8,164,017)
2003A-021 – The Nature Conservancy’s Roanoke & Cashie Rivers Project ($6,014,353)
2003A-022 – The Nature Conservancy’s Upper Tar River Project ($3,549,054)
2003A-034 – NC Wildlife Resources Commission’s Lone Mountain Tract in the South Mountains in the Little First Broad River Watershed ($715,610)
2003A-041 – Town of Troy’s Denson Creek Greenway Project Phase V ($286,500)
2003A-013 – City of Gastonia’s Mountain Island Lake Protection Project ($550,000)
2003A-014 – Green Trust Alliance’s Flat Swamp Creek Project ($1,036,500)
2003A-020 – The Nature Conservancy’s Juniper Creek/Green Swamp Project ($19,848,538)
2003A-032 – NC Wildlife Resources Commission’s GMS Tract on the Alligator River ($6,252,904)
2004A-006 – Foothills Conservancy of NC’s Watermills Tract on the Catawba River ($793,000)
2004A-011 – NC Coastal Federation’s Quaternary Tract on the White Oak River ($1,977,600)
2004A-023 – Pacolet Area Conservancy’s Strickland Tract on Walnut Creek ($366,477)

Acquisition Committee
Sunday, May 9, 2004

Staff Recommends the following applications be withdrawn: 2002B-019 Catawba Lands Conservancy, Rankin Tract, Stanley Creek (received EEP funds).

Staff recommends the following applications be deferred, due to final or imminent funding by EEP: 2001B-020 The Nature Conservancy, Great Coharie Creek; 2002B-019 Tar River Land Conservancy, Allen Tract, Sandy Creek (need withdrawal letters).

Staff recommends deferral of the following applications based on reapplication in June Cycle and expected withdrawal: 2003A-013 City of Gastonia, Mt. Island Lake

2003A-014 Green Trust Alliance - Acq/ Flat Swamp Cr., Craven, Coastal Plain Region

Summary

The Green Trust Alliance requests $1,036,500 of a $2,286,250 (55% match) effort to protect and restore wetlands of Flat Swamp Creek in the Neuse River Basin. The project would purchase fee simple 365 acres of ditched prior-converted wetland farmland. 120 acres (33%) is within 300 ft. of the creek, but the entire tract is prior converted wetlands. The matching funds are for wetland and stream restoration of the property. The acquisition cost of the property is $1,022,000 (a recent appraisal values it at $1,200,000), at $2,800 per acre. The tract is adjacent to the 3,700 acre Dover Bay Pocosin Natural Heritage Area (with 236 acre CE) and upstream of the NCCLT Core Creek tract (1999B-009). The applicant has received nearly $500,000 from Attorney General’s Smithfield Foods Settlement Fund for the restoration portion.

Water Quality Benefits

Establish 120 acres riparian buffers on 10,000 feet of Flat Swamp Creek (C, Sw, NSW)
Protect 47 acres of non-riverine wetland

Scope of Work

Purchase 365 acres and place under permanent conservation easement
Restore 5,000 linear feet of stream, restoring entire site to pre-drained conditions.

Conditions

CE to conform to CWMTF standard easement
Monitor easement in perpetuity

Budget Notes

Match as described in the application

Staff Recommendations 9/21/03

Staff recommends deferral of the project until an appraisal is received and reviewed by State Property Office.

Committee Recommendation 9/21/03

Committee accepts staff recommendation to defer

Board Decision 9/22/03

Board accepts Committee recommendation to defer

Staff recommendation 5/9/04

Staff recommends deferral until confirmation of landowner willingness to sell the property at the appraised value

2003A-016 National Committee for the New River- Acq./ New River Heights Tract, South Fork, Ashe County, Piedmont Region

Summary

The National Committee for the New River requests $395,850 of a $714,050 (45% match) effort to protect the South Fork of the New River. The project will purchase 125 acres, 81 acres (65%) of which is riparian. The property will be sold at a bargain sale of $369,300 or $2,954 per acre. The match is in the form of a bargain sale difference of $318,200, as the tract is appraised at $687,500 or $5,500 per acre. The property is adjacent to a 50-acre portion of the New River State Park (acquired by NCNR) and an extensive protected corridor achieved by efforts of NCNR. The site is on ORW and National Scenic River waters. The total project cost represents $48 per foot of buffer

Water Quality Benefits

Establish 81 acres of riparian buffer along 14,900 feet of South Fork New River (B, ORW) and tributaries

Scope of Work

Purchase 125 acres and place under permanent state conservation easement

Conditions

CE to conform to CWMTF standard easement
Monitor easement in perpetuity

Budget Notes

Match as described in the application

Staff Recommendations 9/21/03

Staff recommends deferring, as the tract is being considered for funding under the EEP program.

Committee Recommendation 9/21/03

Committee accepts staff recommendation to defer.

Board Decision 9/22/03

Board accepts Committee recommendation to defer.

Staff Recommendation 5/9/04

Staff recommends funding the requested amount up to $396,000. EEP staff is still willing to stand by its commitment to fund, but no longer needs the stream footage.

2003A-018 Nature Conservancy- Acq./ Bald Mt. Trust Tract, Long Hope Creek

Staff Recommendation 9/21/03

FUNDED by Board of Transportation; Staff recommends deferral until a letter of withdrawal is received

Summary

The Nature Conservancy requests $8,164,017 (0% match) to purchase a conservation easement on 2,014 riparian acres of a 4,523-acre tract in the New River Basin. The project would protect 139,416 feet of buffer on Long Hope Creek and tributaries that flow to the North Fork New River. Numerous rare and endangered species and communities exist on this Significant Natural Heritage Area, which is adjacent to other protected lands. Some of the buffer proposed for CWMTF is protecting S1G1 (extremely rare) Southern Appalachian Bogs. The project will protect much of the headwaters of Long Hope and other stream. The easement is valued at $3,000 per acre, and represents a cost of less than $59 per foot of buffer. The applicant is working to raise the estimated additional $8,000,000 to purchase a conservation easement on the remaining 2,509 upland acres (see supplemental information).

Water Quality Benefits

Establish 139,416 feet of riparian buffer along Long Hope Creek (C, Tr); within the Long Hope Valley Significant Natural Heritage Area, with rare and endangered aquatic/wetland species and plant communities

Scope of Work

Purchase conservation easement on 2,014 acres
Monitor easement in perpetuity

Conditions

The permanent conservation easement shall conform to the standard CWMTF model easement and shall be held by the State of North Carolina
Submit, if possible, an electronic survey of the properties that depicts the total length of stream buffered
Applicant to secure conservation easement on remaining upland 2,509 acres

Budget Notes

Match as described in the application

Staff Recommendation 5/9/04

Staff recommends funding the requested amount, under the above conditions, up to $8,165,000.

2003A-021 Nature Conservancy- Acq./ Roanoke & Cashie Rivers

Staff Recommendation 9/21/03

FUNDED by Board of Transportation. Staff recommends deferral until a letter of withdrawal is received.

Summary 5/9/04

The applicant had originally requested $6,014,353 for 9 tracts of 3,484.83 acres (valued at $5,168,000) along the Roanoke and Cashie Rivers (C, Sw). Two have been sold, leaving 3,140.78 acres at an estimated purchase price of $4,657,776 (see supplemental information).

Staff Recommendation 5/9/04

At the time of Board packet mailing, staff recommends deferral until details of changes (maps, tracts available, budget, etc.) are received for an adequate evaluation, to include some form of commitment from landowners of willingness to sell at the appraised values.

2003A-022 Nature Conservancy- Acq./ Upper Tar River

Staff Recommendation 9/21/03

FUNDED by Board of Transportation. Staff recommends deferral until a letter of withdrawal is received.

Staff Recommendation 5/9/04

Staff recommends deferral of the application at the request of the applicant.

2003A-034 NC Wildlife Resources Commission-Acq/ Lone Mt. Tract, Little First Broad, Rutherford County, Mountain Region

Staff Recommendation 9/21/03

FUNDED by Board of Transportation; Staff recommends deferral until a letter of withdrawal is received.

Summary

The NC Wildlife Resources Commission requests a revised amount of $560,150 of a $2,230,900 (75% match) to protect headwaters of Cane Creek and Little First Broad River in the Broad River Basin. The project would purchase fee simple 350.2 riparian acres, 27.7% of the total 1,265 acre tract. The matching funds are from Natural Heritage Trust Fund ($1,478,750) and EEP ($192,000). It initially received approval through a part of the EEP process, but later evaluations determined that only 8,000 linear feet would be eligible for mitigation credits under the program. The property is valued at $1,750 per acre at a total cost to CWMTF and EEP of $14 per foot of buffer. The tract is within a Significant Natural Heritage Area, is adjacent to, and will become a part of, the South Mountain Gamelands.

Water Quality Benefits

Establish 1,265 acres of buffer of 53,682 feet along Little First Broad, Sudlow and Walker Branches and tributaries of Cane Creek (C, Tr, WS-V), within the Lone Mt. Significant Natural Heritage Area

Scope of Work

Purchase approximately 1,265 acres in fee simple for the purpose of conservation and protection
Manage the property as part of the Gamelands Program
Monitor the easement in perpetuity

Conditions

EEP to acquire 8,000 linear feet of stream for mitigation purposes
The property shall be managed as part of the Game Land program.
The Wildlife Resources Commission shall notify the CWMTF that the Natural Heritage Program has been informed of this project, prior to the disbursement of any grant funds.
Working with the Natural Heritage Program, the Wildlife Resources Commission shall seek to designate the entire tract as a North Carolina Nature Preserve.
Working with the Natural Heritage Program, the Wildlife Resources Commission shall designate areas of the tract that are located at least 100-feet from the top of bank of all perennial and intermittent streams as Primary Area under the Nature Preserve dedication process.
If the Property is not deemed eligible for dedication as a North Carolina nature preserve, the Wildlife Resources Commission agrees that all future management strategies for the Property will be designed to maximize protection of surface water quality.
Submit, if possible, an electronic survey of the properties that depicts the total length of stream buffered, indicating separately the segments buffered on both sides and those on one side.

Budget Notes

Match as described in the supplemental budget

Staff Recommendation 5/9/04

2004A-006 Foothills Conservancy – Catawba River Watermill Tract, Burke County, Mountain Region

Summary

The Foothills Conservancy requests $793,200 of a $1,673,200 (53% match) effort to protect, through fee simple purchase, the Catawba River and tributaries. The 338-acre tract contains 168 acres (50%) of riparian area and will protect 12,300 linear feet on one side of the Catawba River, 2,300 linear feet on one side of a mapped tributary, and 6,600 (both sides) linear feet of three streams identified in field and county soil survey. A $25,000 mini-grant (included in the above match amount) was awarded to FC to acquire an option on the property, which has not occurred at the time of application. The applicant is requesting the total project amount, with a future reimbursement of $855,000 to CWMTF. The tract will ultimately be transferred to the Wildlife Resources Commission, which has expressed an interest in the site. The property is valued at $1,611,000 ($4,766 per acre) for $76 per linear foot of buffer, or a cost to CWMTF (ultimately) of $38 per linear foot.

Water Quality Benefits

Establish 158 acres of riparian buffer of 21,200 linear feet along one side of the Catawba River (WS IV) and unnamed tributaries.

Scope of Work

Acquire 388 acres fee simple and place under a permanent conservation easement with the State of North Carolina
The Foothills Conservancy to monitor the easement until transfer of the property to the Wildlife Resources Commission
The Foothills Conservancy shall assure that the WRC works with the Natural Heritage Program for designation of the tract as in the Conditions below

Conditions

The permanent conservation easement shall conform to the standard CWMTF model easement and shall be held by the State of North Carolina
Upon transfer to the WRC, Foothills Conservancy shall assure that the WRC works with the Natural Heritage Program to designate areas of the tract that are located a minimum of 100 feet from top of bank of perennial and intermittent streams as Primary Areas under the Nature Preserve dedication process
Submit, if possible, an electronic survey of the properties that depicts the total length of stream buffered, indicating separately the segments buffered on both sides and those on one side.

Budget Notes

Match as described in the application: CWMTF to provide $1,648,200, with reimbursement by FC of $855,000

Staff Recommendation 2/8/04

Staff does not recommend funding the project at this time. The applicant is encouraged to reapply when an option is acquired and matching resources are confirmed. Revised staff recommendation- to defer until the March 2004 Board meeting, when should have information on WRC’s participation in the project.

Committee Recommendation 2/8/04

Motion by Wright, 2nd by Cragnolin, to accept staff recommendation to defer for additional information. Motion carries.

Board Decision 2/9/04

Board accepts Committee recommendation

Staff Recommendation 5/9/04

Staff recommends not funding the project at this time. The option has not been acquired, and some of the property has been sold. The applicant is encouraged to reapply with a final and confirmed proposal for acquisition.

2004A-011 NC Coastal Federation – Quaternary Tract, White Oak River, Onslow County, Coastal Plain Region

Summary
The NC Coastal Federation, partnering with the NC Coastal Land Trust, requests $1,977,600 for a $3,354,600 (41% match) effort to protect the White Oak River through fee simple purchase of 1,443 acres. The tract is valued at $3,172,000 ($2,198 per acre), which includes the timber value of $672,372, which will be used to restore the site to natural conditions and serves as an additional match to the project. This is ideal waterfront property, with approximately 720 upland acres. USDA and US Forest Service cost-sharing will provide for longleaf pine habitat restoration. $600,000 has been secured from the North American Wetlands Conservation Act, and the landowners will contribute to the boundary survey. The tract is a part of the White Oak Marshes Natural Heritage Area and adjacent to the Croatan National Forest, resulting in protection of over 7 miles of both sides of the White Oak. The project represents a cost to CWMTF of about $40.35 per linear foot of buffer. CWMTF has contributed to prior extensive prioritization and protection of thousands of acres along the White Oak corridor (1998B-003; 2000A-008), the lower portion of which has open shellfish areas and is a designated Primary Nursery Area. NCCF plans to ask WRC to manage as gamelands.

Water Quality Benefits

Establish 723 acres of riparian buffer or wetlands of 49,000 linear feet on the White Oak River (C), Mulberry and Starks Creeks. Significant Natural Heritage Area and leads to shellfish waters

Scope of Work

Purchase fee simple approximately 1,443 acres and place under permanent easement with the State of North Carolina.
Monitor the easement in perpetuity.
Restore uplands to longleaf pine community after timber harvest of pine plantation.
If transferred to WRC, NCCF shall monitor the easement until such transfer.

Conditions

The permanent conservation easement shall conform to the standard CWMTF model easement and shall be held by the State of North Carolina
Submit, if possible, an electronic survey of the properties that depicts the total length of stream buffered, indicating separately the segments buffered on both sides and those on one side.
Timber harvest of pine plantation on uplands only; income to be used for site restoration.
NCCF shall inform the Natural Heritage Program (NHP) of the transfer to WRC management.
NCCF shall assure that the WRC works with NHP to seek to designate the tract as a NC Nature Preserve. The designation shall apply to an area at a minimum of 100 ft from the top of bank of all perennial and intermittent streams, as the NHP deems appropriate.

Budget Notes

Budget as described in the application.

Staff Recommendation 2/8/04

Staff recommends funding the requested amount up to $1,978,000. Staff will investigate status of income generation from other CWMTF projects in the Basin.

Committee Recommendation 2/8/04

Wright requests firm timeline of when timber would be harvested, how long the hunting lease would be effective, who would hold the hunting rights, and when the parcel would be transferred to WRC. Motion by Wright, 2nd by Cragnolin, to defer until get more information on timelines for timber harvest and hunting rights. Question about how match is calculated with respect to timber value. Motion carries.

Board Decision 2/9/04

Board accepts Committee recommendation

Staff Recommendation 5/9/04

Staff recommends funding the requested amount up to $1,950,000. Note issues addressed in supplemental information: reduced stewardship budget; 10-year time frame for forest restoration and hunting leases; timber valued at $672,372.

2004A-023 Pacolet Area Conservancy – Strickland Tract, Walnut Creek, Polk County, Mountain Region

Summary

The Pacolet Area Conservancy requests $366,477 of a $3,787,000 (90% match) to protect Walnut Creek in the Broad River Basin. The project would purchase a conservation easement on the 195.9-acre riparian area along the Creek. The easement is valued at $324,316 ($1,655 per acre). The project was scored without a match: the remaining 1,756 acres of non-riparian areas (in pine) will be timbered and restored to a mixed hardwood forest community, but no guarantees of a permanent conservation is included. The project represents a total cost to CWMTF of $12.90 per linear foot of buffer. Public access will be allowed, with some trails and creek crossings likely. An application is being considered by the Forest Legacy Program, and the applicant has indicated interest in a working forest conservation easement on the non-riparian area.

Water Quality Benefits

Establish 195.9 acres of riparian buffer of 28,400 linear feet on Walnut Creek and tributaries.

Scope of Work

Purchase a permanent conservation easement on 195.9 acres.
Monitor the easement in perpetuity

Conditions

The permanent conservation easement on 195.9 acres will conform to the standard CWMTF model and shall be held by the State of North Carolina
Any greenway trails will be a minimum of 15 feet from top of stream bank
Submit, if possible, an electronic survey of the properties that depicts the total length of stream buffered, indicating separately the segments buffered on both sides and those on one side.

Budget Notes

CWMTF to grant 100% of the costs for the riparian area.

Staff Recommendation 2/8/04

Staff recommends not funding the request at this time. If the non-riparian acres were considered as match the score would be 70. The waters are not pristine or impaired; the project is somewhat isolated from other conservation efforts. Staff encourages the applicant to apply for a working forest conservation easement if Forest Legacy funds become available.

Committee Recommendation 2/8/04

Motion by McLean, 2nd by Wright, to defer and ask applicant to consider and easement on uplands. Motion carries.

Board Decision 2/9/04

Board accepts Committee recommendation

Staff Recommendation 5/9/04

Staff recommends funding the requested amount up to $367,000. The applicant has secured an agreement by the landowners to donate approximately the same acreage of uplands (about 200 acres). This satisfies the suggested improvements in the earlier staff recommendations.

2003A-041 Troy, Town of-Acq./ Densons Creek Phase V, Montgomery County, Piedmont Region

Summary

The Town of Troy requests $286,500 of a $301,500 (5% match) to protect the Little River in the Yadkin River Basin, as part of the ongoing protection process commonly known as Densons Creek Phases. The project will purchase fee simple 55.2 acres, 80% (44.2 acres) of which is riparian and involves 5 tracts. These tracts begin where Little River ceases to be classified as HQW, but where the applicant if attempting to achieve HQW status. There are several rare and endangered aquatic species and habitat in this stretch. This project will add to the south end of an existing corridor of about 640 acres along more than 5 miles of stream, with much funding by CWMTF. The tracts are valued at $239,000 or $4,330 per acre. The Town is contributing $15,000. The total project costs represent $40.50 per foot of buffer.

Water Quality Benefits

Establish 44.2 acres on 7,450 feet of Little River, Smitherman and Cedar Creeks (C)

Scope of Work

Purchase 55.2 acres and place under state permanent conservation easement

Conditions

CE to conform to CWMTF standard easement
Monitor easement in perpetuity

Budget Notes

Match as described in the application

Staff Recommendations 9/21/03

Staff recommends deferring until Ecosystem Enhancement Program funding is confirmed.

Committee Recommendation 9/21/03

Committee accepts staff recommendation to defer.

Board Decision 9/22/03

Board accepts Committee recommendation to defer

Staff recommendation 5/9/04

Staff recommends funding the request up to $262,000. Four of the 5 original tracts approximately 50 acres) are still available for preservation.

April 18-19 2004 Board Agenda

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