HomeMy WebLinkAboutAgenda - 06-19-2012 - 7dORANGE COUNTY
BOARD OF COUNTY COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 19, 2012
Action Agenda
Item No. ? —�
SUBJECT: Resolution of Approval — Conserving Native Wildflowers on Roadways
DEPARTMENT: Environment, Agriculture, Parks PUBLIC HEARING: (Y /N) No
and Recreation (DEAPR)
ATTACHMENTS INFORMATION CONTACT:
1. Draft Resolution David Stancil, 245 -2510
2. Photos of Native Plants in Roadway Rich Shaw, 245 -2514
3. CFE Memo & Resolution (Nov. 2009)
4. CFE Memo (Dec. 2006)
PURPOSE: To consider a resolution approving a plan to implement voluntary roadside
management practices that will increase the visibility, enjoyment, and conservation of native
wildflowers along some of the roadways in Orange County.
BACKGROUND: Over the past few years, the Commission for the Environment (CFE) has
examined the use of herbicides to control the growth of vegetation on roadsides and utility
rights -of -way, and the adverse effects of herbicides on certain roadsides that provide habitat
for a variety of native plants, some of which are rare in Orange County.
In 2009 the CFE adopted a resolution recommending that all use of herbicides to manage
roadsides and utility rights -of -way be discontinued in Orange County, and that mowing be
reinstated as the sole means of managing unwanted vegetation in those areas. That
resolution was a follow -up to a December 2006 memo to the BOCC in which the CFE
reported on this subject. Copies of those documents are attached.
After further consideration, the CFE is of the opinion that banning the use of herbicides on
roadsides and utility corridors is unlikely, and may not be warranted. Rather than protecting
all roadsides, regardless of their value as habitat for native plants, the CFE recommends a
more prudent approach would be to identify those areas that are uniquely important and work
with landowners and utility managers to conserve them.
The CFE will enlist help from professional biologists to organize a team of volunteers to
survey County roadsides at different periods of the 2012 -13 growing seasons (i.e., early
summer, mid - summer, autumn) to identify areas that are most worthy of protection.
The CFE and other volunteers would contact the landowners and the utilities to request their
cooperation in protecting these areas from herbicide use. Representatives would ask that
vegetation in those areas be controlled by mechanical means (i.e., mowing), which is how all
roadsides were previously maintained. Mowing is currently used on County roadsides where
owners have asked that no herbicides be applied.
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The CFE requests that the Board authorize the Commission for the Environment and DEAPR
staff to work with the NC Department of Transportation, utility providers, and landowners to
identify and protect high - quality, native plant habitat through voluntary means.
The CFE also requests that the BOCC consider sending NCDOT and utility companies a
formal request to refrain from using of herbicides on roadways in Orange County until these
special botanical areas can be identified and protected.
FINANCIAL IMPACT: There is no financial impact associated with consideration of the
resolution.
RECOMMENDATION: The Manager recommends that the Board consider the resolution
and if approved, authorize the Chair to sign the resolution.
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ORANGE COUNTY BOARD OF COMMISSIONERS
RESOLUTION
Conservation of Native Wildflowers along Orange County Roadways
WHEREAS, the natural beauty of native wildflowers in Orange County can be enjoyed by
everyone, can attract guests, and benefit commerce, environmental health, and public well-
being; and
WHEREAS, enjoyment of native wildflowers is an occasion for all County and community
leaders to unite for the benefit of everyone; and
WHEREAS, many naturally beautiful species of native wildflowers, including Indian paintbrush,
yellow wild indigo, and Carolina rose, are already prominently displayed along Orange
County's state and county roadways; and
WHEREAS, increasing the visibility of native wildflowers in Orange County is consistent with
the vision of the 2030 Comprehensive Plan, and goals of many individuals, businesses, and
community -based organizations; and
WHEREAS, the presence of native wildflowers is essential to the fitness of native pollinator
species necessary for productive and profitable farms and forests; and
WHEREAS, it is desirable and attainable to experience the beauty of many more native
wildflowers by reducing the frequency and extent of roadside mowing; and
WHEREAS, State Road 1006 (Orange Grove Road) and State Road 1114 (Buckhorn Road)
are examples of roadways with pilot projects where native wildflowers have been conserved;
NOW THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners
does hereby commit and encourage others to commit to the conservation of roadside native
wildflowers along the roadways in Orange County, and do hereby authorize the Commission
for the Environment and County staff to work with the NC Department of Transportation, utility
companies, and property owners to plan and implement roadside management practices that
will increase the visibility and enjoyment of North Carolina native wildflowers.
This the 19th day of June, 2012.
Bernadette Pelissier, Chair
Orange County Board of Commissioners
Donna Baker, Clerk to the Board
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Buckhorn Road, Orange County
Section of right of way currently protected by NCDOT(maintained without herbicides)
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Carolina Rose(Rosa Carolina) Yellow wild indigo(Baptisia spp.)
INFORMATIONAL ITEM
MEMORANDUM
To: Board of County Commissioners
Frank Clifton, Interim County Manager
From: Johnny Randall and Michelle Kempinski, Co- Chairs
Date: November 17, 2009
Re: Recommendation for Discontinuing the Spraying of Herbicides
on Roadsides and Utility Rights -of -Way in Orange County
Over the past year the Orange County Commission for the Environment (CFE) has
considered the use of herbicides to manage the growth of vegetation along roadsides
and utility rights -of -way. The CFE has also discussed the value of those roadsides
and rights -of -way as habitat for native plants and wildlife.
The attached resolution, adopted by the CFE, recommends that all use of herbicides
to manage roadsides and rights -of -way in Orange County be discontinued, and that
mowing be reinstated as the sole means of managing unwanted growth of trees and
shrubs in those areas.
This resolution is a follow -up to a December 2006 memorandum to the Board of
Commissioners in which the CFE provided thoughts and recommendations on the
use of herbicides on roadsides and utility rights -of -way. A copy of that memorandum
is attached for your reference (Attachment 2).
Members of the Commission for the Environment (CFE) are available to answer any
questions and are willing to present its recommendations at an upcoming Board of
Commissioners meeting.
Attachments
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ORANGE COUNTY COMMISSION FOR THE ENVIRONMENT
RESOLUTION
to Discontinue the Spraying of Herbicides
on Roadsides and Utility Rights -of -Way in Orange County, NC
WHEREAS the roadsides and utility rights -of -way of Orange County support
numerous plant species that occur in these open habitats; and
WHEREAS many of these plant species occur no where else in the county except for
roadsides (such as Indian paintbrush and yellow- fringed orchid); and
WHEREAS this particular vegetation assemblage embodies much of the remnant
Piedmont prairie flora and represents a historical pre - European settlement
vegetation; and
WHEREAS the roadsides of Orange County also create habitat for numerous animal
species, possess tremendous aesthetic value, and provide and a sense of place; and
WHEREAS vegetation management using herbicides is causing loss of this
distinctive vegetation and detracting from the aesthetic value of our colorful and
extraordinary roadsides; and
NOW, THEREFORE BE IT RESOLVED that the Orange County Commission for the
Environment recommends to the Orange County Commissioners that all roadside
and rights -of -way management with herbicides be stopped and that mowing be
reinstalled as the sole means of management:
This the 10th day of November, 2008.
J nny dall, Co -Chair
ommission for the Environment
-%gIchelleKe m inski, Co -Chair
Commission for the Environment
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To: Barry Jacobs, Chair
Board of County Commissioners
From: Hervey McIver and Johnny Randall, Co- Chairs
Date: December 4, 2006
Re: Comments from the Commission for the Environment Regarding
the Use of Herbicides in Utility and Roadside Rights -of -Way
In September, the Board of Orange County Commissioners referred to the
Commission for the Environment (CfE) for comment concerns raised by citizens
regarding herbicide use by Duke Power within their powerline rights -of -way
alongside a public road. This memo expresses the thoughts and recommendations
of the CfE on herbicide use in general and on the value of rights -of -way as wildlife
and native plant habitat.
In recent years, utility companies maintaining rights -of -way have moved away
from mowing to the use of herbicides for controlling woody vegetation. The NC DOT
(to a limited extent) and railroad companies also use herbicides to control woody,
vegetation within their rights -of -way. The use of herbicides to control woody
vegetation is becoming more common because of cost (labor and equipment) and
logistical (steep slopes and vehicular access) issues.
In response to an inquiry into the Duke Power incident, a company
representative stated in an e-mail that, in the case in question, a combination of
Accord concentrate (diluted to 3.1 %) and Arsenal was used. Glyphosate is the
active ingredient in Accord and is non - selective in its lethal effect on plants.
Imazapyr, the active ingredient in Arsenal, is a broadleaf- specific herbicide that has
non - selective plant effects through soil activity.
The Commission for the Environment has concerns about herbicide use in all
rights -of -way since even broadleaf - specific herbicides affect non - target plants via
soil activity. The loss of vegetation on these sites has negative impacts on the
environment and natural diversity.
Our specific concerns are outlined below.
1. Roadsides and utility rights -of -way represent a documented refugium
for many common and rare native grasses and herbaceous plants that
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are adapted to the open habitats once maintained by fire and grazing.
Prior to European settlement much of Orange County was
predominated by prairie -like and open woodland ecosystems
maintained by frequent, low- intensity, fires and grazing (by buffalo).
Mowing has been the standard roadside management tool for over a
century and is still commonly used across the US, which to a large
extent mimics the effects of fire and grazing by removing woody plants.
Herbicide use, therefore, threatens these remnant ecosystems within
rights -of -way.
2. Application of herbicides, even those that target broadleaf and woody
plants, can kill grasses and other monocots through soil activity. In
addition to refugium disruption, soil erosion is greatly increased without
a consistent herbaceous plant cover.
3. Rights -of -way are vulnerable to invasive plant colonization, which is
compounded when gaps are created with herbicide use. Invasive
plants are a serious threat to native plant communities, and their
colonization and spread should be discouraged.
4. Herbicide application often results in unavoidable, inadvertent, or
careless drift onto non - target plants outside the right -of -way.
(Herbicide drift is the reason that the herbicide complaint was made to
the County Commissioners in the first place.) While applicators must
be State certified, there are inevitably mistakes made, such as
excessive drift and overspray.
5. Rights -of -way with dead or dying plants during the growing season are
an aesthetic concern. The NC DOT Roadside Environmental Unit's
mission is: "To provide roadside elements for a statewide highway
system that are safe, environmentally sound, attractive and responsive
to the public's needs." The Orange County CfE fully endorses this goal
and believes that a no herbicide policy best supports the Roadside
Environmental Unit's mission.
Recommendations: The CIE recommends that the County engage all
companies and public agencies that use herbicides to control woody
vegetation in order to determine: 1) what herbicides are used and in what
manner, 2) what are the limitations of returning to mechanical rights -of -way
clearing, and 3) the locations of rare plants, specialized plant communities,
and sensitive ecosystems (e.g., stream sides) that should only be maintained
with mowing or hand - cutting.
These discussions should seek to remediate our concerns and lead to
changes in woody vegetation control practices. These talks should be
coordinated, if possible, with any similar existing negotiations between
concerned governmental agencies such as the NC Natural Heritage Program,
NC Division of Parks and Recreation, NC DOT, and the various utilities.
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