November 14-15 2004 Meeting of the Clean Water Management Board of Trustees

Budget Committee Agenda
Restoration/Stormwater Committee Agenda
Infrastructure/Wastewater Committee Agenda
Stewardship Committee Agenda
Acquisition Committee Agenda

BOARD OF TRUSTEES
Clean Water Management Trust Fund
Greensboro Airport Marriott Hotel
1 Marriott Drive
Greensboro, North Carolina
Monday, November 15, 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 Thomas M. Phillips, Greensboro Council Member At-Large
2) Roll Call – Gina Weaver
3) Executive Order Number One – Chairman Howard
4) Revisions and additions to the Agenda (Action Item) – Chairman Howard
5) Please put cell phones on vibrate or off – Chairman Howard
6) Review and approval of the transcript of the October 11, 2004 meeting of the Board of Trustees in Raleigh (Action Item) – Chairman Howard
7) October 6, 2004 Board of Ethics Evaluation of Statement of Economic Interest of Kevin Markham – Chairman Howard
8) Executive Director’s Performance Review on December 9, 2004 – Trustee R. Smith
9) 2005 CWMTF Committee Appointments – Chairman Howard

8:45 am B. Public Comments

1) Scott Bryant, PE, Manager, City of Greensboro Stormwater Management Division
2) Charles Brummit, Executive Director, Piedmont Land Conservancy

9:00 am C. Budget Committee Report – Committee Chair Markey (See November 14, 2004 Committee Agenda)

9:10 am D. Stewardship Committee Report – Committee Chair Baddour (See November 14, 2004 Committee Agenda)

9:20 am E. Executive Director’s Report – Bill Holman

1) October 2004 NC Board of Ethics Newsletter and Guidance on Gifts – Bill Holman
2) 2004-2005 Budget Update – Francine Durso
3) Status of 2003A, 2004A, and other contracts – Francine Durso
4) Woodfin Watershed Event on October 15, 2004 (CWMTF #2004A-026) – Lisa Schell
5) 2004 CWMTF Annual Report – Lisa Schell
6) Communications Update – Lisa Schell
7) Guilford County Projects – Bill Holman
8) Natural Heritage Trust Fund Decisions on September 30, 2004 – Bill Holman
9) Parks & Recreation Authority Decisions on October 24-25, 2004 – Bill Holman
10) Ecosystem Enhancement Program Update – Tom Jones
11) NC League of Municipalities Annual Meeting on October 24-26, 2004 – Lisa Schell & Bill Holman
12) Land Trust Assembly Rally on October 28-31, 2004 – Robin Hammond & Bill Holman
13) Water 2030 Forum – Bill Holman
14) October 24, 2004 Charlotte Observer “Need for Public Access to Catawba Grows Stronger” – Lisa Schell
15) RiverLink in November 2004 Our State magazine – Lisa Schell
16) Clean Water Working Group – Bill Holman
17) US Natural Resources Conservation Service Fact Sheet on Buffer Strips: Common Sense Conservation – Tom Jones
18) US Environmental Protection Agency Fact Sheet on Growth & Water Resources – Bill Holman

9:35 am F. Attorney General’s Report – Frank Crawley

9:45 am G. Break

9:55 am H. Restoration/Stormwater Committee Report – Committee Chair Weston (See November 14, 2004 Committee Agenda) (Action Items)

10:15 am I. Infrastructure/Wastewater Committee Report – Committee Chair L. Smith (See November 14, 2004 Committee Agenda) (Action Items)

10:35 am J. Acquisition Committee Report – Committee Chair Hollan (See November 14, 2004 Committee Agenda) (Action Items)

11:15 am K. Establish Priorities for 2004B Cycle CWMTF Projects – Chairman Howard

12:15 pm L. Working Lunch

12:45 pm M. Long Range Planning at January 9-10, 2005 Meeting in Raleigh – Committee Chair Cragnolin

1:00 pm N. Discussion

1) Farmland Preservation – Trustee L. Smith

1:15 pm O. Adjourn

2:00 pm Q. Tour City of Greensboro’s South Buffalo Creek Stormwater Project (CWMTF #s 1997B-904 & 2002A-705)

CWMTF Announcements

The CWMTF Budget Committee (Trustees Markey, Chair; Hester, Howard, McMillan, L. Smith, & Vaughan) will meet at 12:00 pm on Sunday, November 14 at the Greensboro Airport Marriott Hotel in Greensboro. (AGENDA)

The CWMTF Restoration/Stormwater Committee (Trustees Weston, Chair; Beane, Hester, Lathrop, McMillan, R. Smith & Vaughan) will meet at 12:40 pm on Sunday, November 14 at the Greensboro Airport Marriott Hotel in Greensboro. (AGENDA)

The CWMTF Infrastructure/Wastewater Committee (Trustees L. Smith, Chairman; Coleman, Howard, Markey, Mosley, & Vaughan) will meet at 1:45 pm on Sunday, November 14 at the Greensboro Airport Marriott Hotel in Greensboro. (AGENDA)

The CWMTF Stewardship Committee (Trustees Baddour, Chair; Hollan, McMillan, Mosley, Vaughan, & Wright) will meet at 3:20 pm on Sunday, November 14 at the Greensboro Airport Marriott Hotel in Greensboro. (AGENDA)

The CWMTF Acquisition Committee (Trustees Hollan, Chairman; Baddour, Cragnolin, Garrett, Markham, McLean, & Wright) will meet at 4:30 pm on Sunday, November 14 at the Greensboro Airport Marriott Hotel in Greensboro. (AGENDA)

CWMTF Trustees, guests, and staff are invited to dinner at 7:00 pm on Sunday, November 14 at J.W.’s Steakhouse at the Greensboro Airport Marriott Hotel. Contact the Airport Marriott at 336-852-6450.

The Board of Trustees of the Clean Water Management Trust Fund will meet January 9-10, 2005 in Raleigh, February 13-14, 2005 at the NC Zoological Park in Randolph County, and March 13-14, 2005 in Brunswick County.

The next deadline for applications for grants from CWMTF is December 1, 2004.

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Other Announcements

The US Forest Service was created almost 100 years ago in 1905. The US Forest Service will hold a regional forum “Celebrating 100 Years of Conservation” on November 8-10, 2004 at the Renaissance Hotel in Asheville. Contact Melinda Gore at 828-257-4304 or mgore@fs.fed.us for more information.

The Department of Environment & Natural Resources is conducting regional meetings on The Governor’s One North Carolina Naturally Initiative on November 9 at Catawba College in Salisbury, on November 17 in conjunction with the Albemarle/Pamlico National Estuary Program Conference in New Bern, on November 30 at the Eastern Agricultural Center in Williamston, on December 2 at the Holiday Inn in Southern Pines, and on December 9 at Asehville-Buncombe Technical College’s Enka campus. Registration begins at 9:00 am, program, 10:00 am – 3:00 pm. Contact Janine Nicholson in Raleigh at 919-715-4152 or Janine.Nicholson@ncmail.net or Nann Guthrie in Asheville at 828-296-4523 or nann.Guthrie@ncmail.net.

The Pamlico-Tar River Foundation’s annual oyster roast is November 13, 2004 in Washington. Contact www.ptrf.org.

The annual meeting of the NC Section of the American Water Works Association/Water Environment Association (NC AWWA/WEA) is November 14-17, 2004 at the Adams Mark Hotel in Charlotte. Contact Pam Moss, Executive Director, at www.ncawwa-wea.org or 919-784-9030.

Albemarle/Pamlico National Estuary Program’s Annual Meeting is November 17, 2004 at the Convention Center in New Bern. Contact www.apnep.org or 919-715-1327.

NC Rural Economic Development Center will hold a forum on its Water 2030 Project on December 15, 2004 in Raleigh.

The NC Wildlife Federation has named Larry Thompson as its new Executive Vice President.

The next deadline for applications for local government grants from the Parks & Recreation Trust Fund is January 31, 2005. 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 pre-proposals to the National Fish & Wildlife Foundation is January 7, 2005. Contact www.nfwf.org or Chris Rigby at 404-679-7142 in Atlanta.

The 2005 Session of the General Assembly of North Carolina convenes on January 26, 2005.

The next deadline for applications for grants from the Natural Heritage Trust Fund is February 3, 2005. The Natural Heritage Trust Fund Board of Trustees will meet on March 31, 2005.

Budget Committee
(Trustees Markey, Chair; Hester, Howard, McMillan, L. Smith, and Vaughan)
Clean Water Management Trust Fund
Greensboro Airport Marriott Hotel
Greensboro, North Carolina
Sunday, November 14, 2004

AGENDA

Maggi Markey, Committee Chair, Presiding

12:00 pm C-A. Call to Order

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

12:05 pm C-B. Status of CWMTF Projects – Francine Durso

1) Projects Making Little or Slow Progress
2) Contracts that May Be Unencumbered

12:15 pm C-C. Funds Available for 2004B Cycle Projects – Francine Durso

12:25 pm C-D. UNC-Wilmington & College of Charleston Spring 2005 Coastal Policy Conference in Wilmington – Bill Holman (Action Item)

On September 14, 2004 UNC-Wilmington Chancellor Emeritus James Leutze wrote CWMTF to request up to $35,000 to help sponsor a Coastal Policy Conference addressing coastal policies in North and South Carolina waters. The conference will follow up the work of the Pew Ocean Commission and the Preliminary Report on the President’s Commission on Ocean Policy. CWMTF staff recommends that the Board approve a grant of up to $30,000 to UNC-Wilmington to help sponsor the conference subject to development of a detailed project budget.

12:30 pm C-E. Adjourn

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Restoration/Stormwater Committee
(Trustees Weston, Chair; Beane, Hester, Lathrop, McMillan, R. Smith & Vaughan)
Clean Water Management Trust Fund
Greensboro Airport Marriott Hotel
Greensboro, North Carolina
Sunday, November 14, 2004

AGENDA

Claudette Weston, Chair, Presiding

12:40 pm H-A. Call to Order

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

12:45 pm H-B. Monitoring Proposals – Bill Holman & Beth McGee (Information Item)

CWMTF requested proposals from universities to monitor CWMTF-funded restoration and stormwater projects. CWMTF received proposals from the NC State University Water Quality Group (in cooperation with UNC’s Coastal Studies Institute and UNC-Charlotte) and from NC State University’s Forestry Department (in cooperation with UNC-Wilmington and UNC-Asheville). CWMTF staff will review the proposals and make a recommendation to a Joint Restoration/Stormwater and Long Range Planning Committee Meeting in January 2005.

12:50 pm H-C. 1997A-006 – Macon County’s Little Tennessee River Greenway Project – Tom Massie (Information Item)

The Board approved a grant of up to $3,885,000 to Macon County and the Southern Appalachian Highlands Conservancy in 1998 to acquire multiple tracts, to construct a greenway along the Little Tennessee River, and to restore riparian buffers. Nantahala Power/Duke Energy donated property along the Little Tennessee River to Macon County for the greenway but retained its utility easement and the right to maintain the easement.

CWMTF’s standard conservation easement prohibits the application of pesticides without permission of CWMTF. Duke Energy applied herbicides to kill trees and control vegetation last summer, including some trees planted with CWMTF funds. However, CWMTF does not hold a conservation easement on the greenway.

12:55 pm H-D. 2002B-404 NC Cooperative Extension Service’s Buffalo Creek Restoration Project – Francine Durso (Action Item)

On November 18, 2003 the Board approved a grant of up to $71,000 to the NC Cooperative Extension Service (CES) for design and permitting work for restoration of 1,600 linear feet along Buffalo Creek in Johnston County in the Neuse River Basin. On October 13, 2004 the CES wrote CWMTF requesting that the grant be reassigned to the Town of Smithfield. On November 9 the Smithfield Town Council will determine if it will accept the reassignment of the project. Changing the grantee is a significant change in the project and must be approved by the Board. CWMTF recommends that the Board approve CES’s request if the Town of Smithfield accepts the reassignment.

The Town of Smithfield has completed CWMTF #2000B-707 to design and permit a constructed wetland/stormwater treatment project on Spring Branch. The Board approved a grant of up to $660,000 to construct the Spring Branch project in 2003 (CWMTF #2003A-708).

1:00 pm H-E. 2004B-403 – Southwestern RC&D’s Pigeon River Restoration Project – Tom Massie (Action Item)

By policy CWMTF has required grantees to provide permanent conservation easements to the State to protect CWMTF’s investment in restoration, stormwater, and acquisition projects on both public and private property. At its March 18, 2002 meeting in Cornelius the Board provided more flexibility, including use of thirty-year contracts, to local Soil & Water Conservation Districts and other grantees for the protection of setbacks from streams on agricultural lands.

In November 2003 the Board approved a grant of up to $207,000 to Southwestern RC&D to design and permit three stream restoration projects (CWMTF #2003A-405) in the Richland Creek watershed in Haywood County in the French Broad River Basin.

The Board voted that $713,000 would remain eligible to construct these three restoration projects at its August 2004 meeting (CWMTF #2004B-403). On September 30, 2004 Southwestern RC&D requested an exemption from CWMTF’s policy of requiring permanent conservation easements for the three restoration projects proposed to be constructed by #2004B-403. Thirty-year contracts would be required. CWMTF staff recommends that the Board approve SWRC&D’s request on these three projects only.

1:05 pm H-F. 2004B-801 – Carolina Land & Lakes RC&D’s Fourth Creek Restoration Planning Project in Statesville – Bern Schumak & Tom Jones (Information Item)

At its August 2004 meeting in Morganton CWMTF staff recommended and the Board voted to not fund 2004B-801. The Board asked CWMTF staff to meet with the City of Statesville and advise them how to improve a future application. CWMTF staff went to Statesville on October 5, 2004 to meet with City and RC&D staff and elected officials. CWMTF staff will report on their visit.

1:05 pm H-G. Review Proposed Changes in 2004B Cycle Restoration/Stormwater Projects – Chair Weston (Action Item)

1) 2004B-404 – Valle Crucis Park, Inc Watauga River Restoration Project ($38,380) – Tom Massie (Defer until 2005A Spring Cycle)
2) 2004B-706 – Pilot View RC&D’s Upper Silas Creek Stormwater Project ($1,603,000) – Bern Schumak & Tom Jones (Rescored)

1:15 pm H-H. Review Priorities for 2004B Cycle Restoration/Stormwater Projects – Chair Weston (Action Item)

1:35 pm H-I. Adjourn

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Infrastructure/Wastewater Committee
(Trustees L. Smith, Chairman; Coleman, Howard, Markey, Mosley & Vaughan)
Clean Water Management Trust Fund
Greensboro Airport Marriott Hotel
Greensboro, North Carolina
Sunday, November 14, 2004

AGENDA

Leroy Smith, Committee Chairman, Presiding

1:45 pm I-A. Call to Order

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

1:50 pm I-B. 1998B-504 – City of New Bern’s Wastewater Treatment Project – Leland Heath & Francine Durso (Action Item)

In April 1999, the Board approved a grant of up to $5,339,000 to the City of New Bern in Craven County in the Neuse River Basin to redirect its treated wastewater effluent to a nearby quarry and manage the quarry as a wastewater polishing and disposal facility. The City wrote CWMTF on September 13, 2004 to request an additional $1,250,000 to complete the project and at its meeting on Oct. 11, 2004, the Board voted that the City’s request for $1,250,000 in additional funds would remain eligible for further review by the Board at its Nov. 14-15, 2004 meeting. Also its meeting on Oct. 11, 2004, the Board voted that CWMTF funds could not be used to reimburse the City for its expenses for a tract of land needed for the project, which the City obtained by exercising its power of eminent domain. CWMTF staff notes that the City’s request for the additional $1,250,000 included $158,377 in expenses related to the tract obtained by eminent domain, for which CWMTF funds may not be used per the Board’s action. Therefore, CWMTF staff recommends that only $1,092,000 in additional funds remain eligible for further review by the Board at its Nov. 14-15, 2004 meeting ($1,250,000 - $158,000).

1:55 pm I-C. 2001B-502 – Camden County’s Wastewater Land Application Project – Francine Durso and Frank Crawley (Action Item and Information Item)

In January 2003 the Board approved a grant of up to $438,000 to Camden County in the Pasquotank River Basin for the design and permitting of a new wastewater collection and treatment system. The Board committed up to $2,126,000 for construction after the County received all necessary permits. On September 22, 2004 the County wrote CWMTF with the revised project scope, budget and schedule.

At its October 10-11 meeting in Raleigh, the Board requested clarification from the County regarding the service area, specifically whether the County is planning to accommodate flows from future growth in the service area or whether the service area for the WWTP has increased from the original application and will now service more existing customers with failing systems in an additional area than was originally contemplated in the application. The County wrote CWMTF on October 18, 2004 stating that the purpose of the expanded plant is to provide service to additional customers with failing systems that are outside of the original service area, and that the primary locations of the additional failing systems are near the proposed WWTP site.

In addition, the Board requested advice from the Attorney General's Office on whether CWMTF can participate in a project that includes future growth, even if the CWMTF is not paying for the cost of the facilities to accommodate the future growth, and comply with GS 113A-253(c)(5). Mr. Crawley will address this issue.

As of November 4, 2004 Mr. Crawley had not completed his investigation of the issue. Mr. Crawley will advise the Committee and the Board on November 14-15. CWMTF staff recommends that the Board approve the $2,126,000 in construction funds for the Camden County wastewater project, if the project complies with GS 113A-253 c)(5).

On Oct. 21, 2004, a private citizen, Mr. Perry Morrow, wrote the Attorney General’s Office regarding his concerns about this project. On Nov. 1, 2004, Mr. Morrow also emailed the Clean Water Management Trust Fund regarding his concerns. Copies of his correspondence are included in the Board package.

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2:10 pm I-D. 2003A-515 – Town of Wallace’s Request for Additional Funds – Francine Durso and Nancy Guthrie (Action Item)

In November 2003 the Board approved a grant of up to $1,037,000 to the Town of Wallace in Duplin County in the Cape Fear River Basin to improve wastewater treatment.

On September 23, 2004 the Town wrote CWMTF stating that the project cost estimate has increased to $10,892,089 due to several reasons as outlined in its letter, including that detailed design revealed conditions beyond those identified in the preliminary studies. The Town requested an additional $4,737,239 from the CWMTF. At its October 10-11 meeting the Board voted not to approve the additional funding, to rescind the November 2003 current grant offer of up to $1,037,000 to the Town, and to recommend that the Town reapply to CWMTF in December 2004.

The Town wrote the CWMTF on October 15, 2004 requesting that the Board reconsider its decision. The Town requested that the Board either reinstate the grant offer of up to $1,037,000 or provide an offer of funding for only the design and permitting work of up to $576,490. According to the Town’s engineer, Cavanaugh, Inc., the Town has spent $360,562 to date on project design and permitting.

CWMTF staff recommends that the Board consider the following options: (1) reaffirm the Oct. 10-11 meeting decision to rescind the offer and recommend that the Town reapply for the project on December 1, 2004; (2) reconsider the Oct. 10-11 meeting decision and reinstate the grant offer of up to $1,037,000; (3) reconsider the Oct. 10-11 meeting decision and provide a grant offer of up to $325,000, which is the amount of design and permitting funds approved by the Board as part of the original application; or (4) reconsider the Oct. 10-11 meeting decision and provide a grant offer of up to $576,490 for design and permitting work (new estimate) with the stipulation that the Town may not apply to the CWMTF for construction funds until the final design is complete and the Town has applied to the Division of Water Quality for a wastewater discharge permit.

2:20 pm I-E. Review Proposed Changes in 2004B Cycle Infrastructure/Wastewater Projects, If Any (Potential Action Item) – Chairman L. Smith

2:30 pm I-F. Priorities for 2004B Cycle Infrastructure/Wastewater Projects – Chairman L. Smith (Action Item)

3:10 pm I-G. Adjourn.

Stewardship Committee
(Trustees Baddour, Chairman; Hollan, McMillan, Mosley, Vaughan & Wright)
Clean Water Management Trust Fund
Greensboro Airport Marriott Hotel
Greensboro, North Carolina
Sunday, November 14, 2004

AGENDA

Phil Baddour, Chairman, Presiding

3:20 pm D-A. Call to Order

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

3:25 pm D-B. Review and Discussion of the Ecosystem Enhancement Program Stewardship Task Force Recommendation Report to DENR Chief Deputy Secretary Dempsey Benton – Nancy Guthrie (Discussion Item)

4:10 pm D-C. National Land Trust Alliance Standards & Practices Revised in 2004 – Robin Hammond & Bill Holman

4:20 pm D-D. Adjourn

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Acquisition Committee
(Trustees Hollan, Chairman; Garrett, Baddour, Cragnolin, Markham, McLean & Wright)
Clean Water Management Trust Fund
Greensboro Airport Marriott Hotel
Greensboro, North Carolina
Sunday, November 14, 2004

AGENDA

Bill Hollan, Chairman, Presiding

4:30 pm J-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

4:35 pm J-B. 2004A-021 – New Hanover Soil & Water Conservation District’s Hewletts Creek Greenway Project – Nancy Guthrie (Action Item)

In July 2004 the Board approved a grant of up to $155,000 to the New Hanover Soil & Water Conservation District (SWCD) to acquire 0.79 acres from the YWCA for a greenway on Hewletts Creek (CWMTF #2004A-021). The Board required the YWCA to donate 7.5 acres of wetland and uplands for the greenway as match. New Hanover SWCD has requested that the YWCA donate 3.71 acres of wetlands as match instead and that New Hanover SWCD donate a conservation easement on another two acres as match. CWMTF staff recommends that the Board approve New Hanover SWCD’s request to amend the scope and conditions of this project.

4:40 pm J-C. 2004M-003 – Triangle Greenways Council Young Heirs Tract on Walnut Creek – Leland Heath (Action Item)

On October 26, 2004 the Triangle Greenways Council requested $25,000 for the pre-acquisition costs of the Young Heirs tract on Walnut Creek in Wake County in the Neuse River Basin. The tract is approximately 28 acres and has 2,088 linear feet of frontage on one side of Walnut Creek. CWMTF has reviewed the request, believes it is consistent with the Board’s policy, and recommends that the Board approve up to $25,000 for this project. Staff notes that if this project is funded, $125,000 will remain for mini-grants this fiscal year.

4:45 pm J-D. 2004D-017 – Carolina Mountain Land Conservancy’s Wauchope Tract on Laurel Creek – Tom Massie (Action Item)

On October 8, 2004, the Carolina Mountain Land Conservancy (CMLC) requested up to $24,375 for transaction costs associated with the donation of a conservation easement on the 22.5-acre Wauchope Tract on Laurel Creek in Transylvania County in the French Broad River Basin. CMLC will hold the conservation easement. The estimated value of the donation is $135,000. The riparian buffer will be 300-feet wide, which will encompass 99.4% of the acreage of the tract. The owner will retain one building envelope within the buffer. CWMTF staff has reviewed the request, believes it qualifies, and recommends funding up to $24,375 with the condition that stewardship expenses and costs will not be reimbursed until the DENR Stewardship Committee makes its recommendations and the Clean Water Management Trust Fund Board adopts a policy on stewardship. Staff notes that if this project is funded, $33,173 will remain for donated easement grants this fiscal year.

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4:50 pm J-E. 2004D-018 – Southern Appalachian Highlands Conservancy’s Hotaling Tract on Wolf Creek – Tom Massie (Action Item)

On September 30, 2004, the Southern Appalachian Highlands Conservancy (SAHC) requested up to $25,000 for transaction costs associated with the donation of a conservation easement on the 137-acre Hotaling Tract on Wolf Creek in Jackson County in the Little Tennessee River Basin. SAHC will hold the conservation easement. The estimated value of the donation is $280,500. The riparian buffer will range from 40 to 300-feet wide. Agriculture and forest management activities may continue outside of the buffer under appropriate best management practices, and the owner will retain three building envelopes outside of the buffer. CWMTF staff has reviewed the request, believes it qualifies, and recommends funding up to $25,000 with the condition that stewardship expenses and costs will not be reimbursed until the DENR Stewardship Committee makes its recommendations and the Clean Water Management Trust Fund Board adopts a final policy on stewardship. Staff notes that if this project is funded, $8,173 will remain for donated easement grants this fiscal year.

4:55 pm J-F. Use of Certificates of Participation Authorized by HB 1264, Finance Vital Projects – Chairman Hollan & Bill Holman (Action Items)

At its October 11, 2004 meeting in Raleigh the Board voted to approve the use of certificates of participation authorized by HB 1264, Finance Vital Projects, in concept.

CWMTF staff recommends that the Board approve using certifications of participation to finance expansion of Lake James State Park in Burke County and to help protect Camp Lejeune from encroachment by acquiring conservation easements and land in fee at Shaken Creek in Onslow and Pender Counties.

At its October 24-25, 2004 meeting at Gorges State Park in Transylvania County the Board of Trustees of the Parks & Recreation Authority voted to approve the use of certificates of participation to finance acquisition of the uplands as part of the expansion of Lake James State Park at a cost of $11,081,000.

1) 2004B-026—The Nature Conservancy’s Shaken Creek/Camp Lejeune Protection Project ($4,240,754)
2) 2004B-038 – NC Division of Parks & Recreation’s Lake James State Park Expansion Project ($6,600,000)

CWMTF staff recommends that the Board approve the use of certificates of participation (COPS) to finance 2004B-026 and 2004B-038. CWMTF staff further recommends that the Board adopt the proposed draft resolutions approving the use of special indebtedness for each project. The Boards of the Natural Heritage Trust Fund and Parks & Recreation Authority adopted similar resolutions at their September and October meetings, respectively.

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5:00 pm J-G. Review Proposed Changes in 2004B Cycle Projects – Chairman Hollan & Staff (Action Items)

1) 2003A-014 – Green Trust Alliance’s Flat Swamp Creek Project ($1,036,000) – Leland Heath (Not Fund)
2) 2003A-020 – The Nature Conservancy’s IP Tracts on Juniper Creek in the Green Swamp ($19,848,538) – Nancy Guthrie (Not Fund)
3) 2003A-037 – Piedmont Land Conservancy’s Glencoe Village Haw River Project ($190,000) – Nancy Guthrie (Not Fund; encourage reapplication)
4) 2004A-005a – Town of Fair Bluff’s Lumber River Center Project ($86,000 revised budget & scope) – Nancy Guthrie (Fund)
5) 2004A-005b – Lumber River Conservancy’s Mears Island/Red Belly Slough Phase I Project ($191,000; expanded scope and budget) – Nancy Guthrie
6) 2004A-017 – NC Wildlife Resources Commission’s Johns River tract ($641,000) – Tom Massie (Not Fund)
7) 2004A-019 – NC Wildlife Resources Commission’s Ledbetter tract in the Sandhills ($646,000) – Bern Schumak (Not Fund)
8) 2004A-020 – NC Wildlife Resources Commission’s Long Ridge tract in Caldwell County ($2,775,000) – Bern Schumak (Rescored; NHTF matching funds; $1,388,000 in 2004-2005; $1,387,000 in 2005-2006)
9) 2004A-025 – Sandhills Area Land Trust’s Methodist College Cape Fear River Project ($728,000) – Nancy Guthrie (Methodist College does not want to sell at this time; Not Fund)
10) 2004B-002 – City of Brevard’s Bracken & Brushy Creeks Watershed Protection Project ($1,037,000) – Tom Massie (Mini-Grant for preacquisition costs; funding in 2005-2006)
11) 2004B-003 – Carolina Mountain Land Conservancy’s Ball tract on the Green River ($1,523,000) – Tom Massie (Mini-Grant for preacquisition costs; funding in 2005-2006)
12) 2004B-007 – Carolina Mountain Land Conservancy’s Schenk tract on the Green River ($5,141,000) – Tom Massie (Mini-Grant for preacquisition costs; partial funding in 2005-2006; partial funding in 2006-2007)
13) 2004B-004 – Carolina Mountain Land Conservancy’s Blue Ridge Metal Tract/Cane Creek Greenway Project ($71,000) – Tom Massie (Withdrawn)
14) 2004B-008 – Carolina Mountain Land Conservancy’s Winston Tract ($60,000) – Tom Massie (Not Fund)
15) 2004B-009 – Catawba Land Conservancy’s Cloninger Tract on Stanley Creek ($154,000) – Bern Schumak (Rescored; easement conflict)
16) 2004B-010 – Catawba Lands Conservancy’s Riverbend Preserve on South Fork of the Catawba River ($273,000) – Bern Schumak (Rescored)
17) 2004B-020 – Land Trust for Little Tennessee ($976,000) – Tom Massie ($635,000 for top four tracts)
18) 2004B-023 – National Committee for the New River’s Elk Shoals Project ($185,000) – Bern Schumak (Defer/EEP Interest)
19) 2004B-025 – The Nature Conservancy’s Profile Trail on Grandfather Mountain Project ($712,000) – Tom Massie (Mini-Grant for preacquisition costs; funding in 2005-2006)
20) 2004B-027 – The Nature Conservancy’s Trout Club Tract on Long Hope Creek ($2,967,000) – Bern Schumak ($1,500,000 in 2004-2005 and $1,467,000 in 2005-2006)
21) 2004B-031 – NC Coastal Land Trust’s Lewis & Brown tracts on Browns Island ($679,000 revised budget) – Damon Tatem (Fund)
22) 2004B-035 – NC Division of Forest Resources’ Sifford Tract on Mtn Island Lake ($123,000) – Bern Schumak (Withdrawn)
23) 2004B-036 – NC Division of Parks & Recreation’s Carvers Creek State Park Project ($2,331,000) – Nancy Guthrie (Defer until Spring 2005)
24) 2004B-039 – NC Division of Parks & Recreation’s Umstead State Park Expansion Project ($2,000,000) – Leland Heath ($1,000,000 in 2004-2005 and $1,000,000 in 2005-2006)
25) 2004B-041 – NC Wildlife Resources Commission’s Brumley Tract on Country Line Creek/Caswell Gamelands ($259,000) – Leland Heath (Defer)
26) 2004B-049 – Piedmont Land Conservancy’s Ellis tract on Mill Creek ($270,000) – Bern Schumak (revised budget includes transaction costs and preacquisition costs for Harris & Wyche tracts; PLC should reapply when Harris & Wyche tracts are ready-to-go)
27) 2004B-050 – Sandhills Area Land Trust’s Gainey Tract on the Lumber River
($73,000) – Nancy Guthrie (Defer)
28) 2004B-053 – Southern Appalachian Highland Conservancy’s Popper Tract ($1,534,000) - Tom Massie (revised budget)
29) 2004B-059 – Triangle Land Conservancy’s Marks Creek Phase II ($1,501,000) – Leland Heath (Rescored)
30) 2004B-805 – Haw River Assembly’s Lower Haw River Riparian Corridor Plan ($201,000) – Nancy Guthrie (Not Fund)
31) 2004B-806 – Henderson County’s Mills River Land Use Inventory Project ($72,000) – Tom Massie (Not Fund)

5:30 pm J-H. Review Applicant’s Priority Lists for 2004B Cycle Acquisition Projects – Chairman Hollan & Tom Jones (Information Item)

1) Carolina Mountain Land Conservancy
2) The Nature Conservancy, NC Chapter
3) NC Coastal Land Trust
4) NC Division of Parks & Recreation
5) NC Wildlife Resources Commission
6) Foothills Conservancy

5:40 pm J-I. Proposed Priorities for 2004B Cycle Acquisition Projects – Chairman Hollan

6:30 pm J-J. Adjourn

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