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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. 2 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. kF-s- ao1a -o40a 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 3 4 Buckhorn Road, Orange County Section of right of way currently protected by NCDOT(maintained without herbicides) ` d0 NOT MOW 0R SPRA' Sign identifying a protected roadside Post in ground identifying the protected area " Z NINU ji * °4��•�. TaLL FREE .f= 'Ftt.04]i99 M`S Y' Native plants growing in the road ROW Butterfly weed on roadside(Asclepias tuberosa) I VIZ, E A .i ► 41 tests $. .• ��, �� � Y�� ,� &P .. Ilk 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 Co�uruissiovi for the F uirog.auent C/o OrM ge CouH.tf FROA Pb a0X 81811.306 A4 Tzevere ,eoad Hillsborough, NO z7.2 79' 5 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 0 7 oravLge CouvX,tU Cove M�ssbow for ttie &nVwowvu.ewt Mevu.orawoltt u. 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 covxrxissioA for the Environncent C/o orange cour, td EROA PO BOX 8281 1-306-4 Revere Road /tillsborough, Nc2 }278 PV) 2.45 -25 0 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. Con,kui5s4m, for the EAvt ra,,,.* ent C/o Oravuge CouvcttJ, '-RCA PO PaX 81811.306 .4 Pee ✓ere Road Hillshoraugh, NC 2 }2 8