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HomeMy WebLinkAboutAgenda - 06-06-2017 - 8-f - Request for Funding Assistance – Botanical Garden Foundation, Inc. 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 6, 2017 Action Agenda Item No. 8-f SUBJECT: Request for Funding Assistance — Botanical Garden Foundation, Inc. DEPARTMENT: Environment, Agriculture, Parks & Recreation (DEAPR) ATTACHMENT(S): INFORMATION CONTACT: Letter from Botanical Garden Foundation David Stancil, 245-2510 Grant Application Narrative Kim Livingston, 245-2514 Letter from Natural Heritage Program Maps of Property Draft Letter of Funding Commitment Orange County Grant Agreement PURPOSE: To consider a request for matching grant funding assistance from the Botanical Garden Foundation, Inc. for the purchase of a 12.8-acre property adjoining the Botanical Garden's Parker Preserve. BACKGROUND: The North Carolina Botanical Garden and Botanical Garden Foundation own and manage 600 acres of natural areas and preserves south of NC 54 in the southeastern corner of Orange County. These lands abut 42,000 acres of gamelands and significant natural areas and wildlife habitat known collectively as the Jordan Lake Natural Area Macrosite. The portions of this natural area within Orange County have been listed as a high priority in the County's Inventory of Natural Areas and Wildlife Habitat, and has also been a conservation priority for the County's Lands Legacy Program for many years. In recent months, a 12.8-acre property known as the "Cochrane property" was listed for sale. Lying on Parker Road and adjacent to the Parker Preserve of the Botanical Garden Foundation's landholdings, the Botanical Garden Foundation is working to acquire the property and has submitted a grant application to the N.C. Clean Water Management Trust Fund for acquisition of the site (please see attached letter from the Botanical Garden Foundation). The site, while small in size and substantial in price, is considered "exceptional" for conservation values as part of the larger conservation nature preserves and gamelands. The North Carolina Natural Heritage Program has submitted a letter addressing the conservation values of the property (attached). The site includes a portion of the Mason Farm/Laurel Hill Oak-Hickory Forest Natural Area. The Botanical Garden Foundation has asked Orange County to consider funding a portion of the matching funds needed for the Clean Water Trust Fund grant (the grant request is for $550,000). Commitments for matching funds are required by June 30 for the grant to be considered. The Town of Chapel Hill and Orange County have been asked for funding 2 assistance to meet the matching funds needed. On May 8, the Town of Chapel Hill approved $50,000 in matching fund assistance to the Botanical Garden project. In addition, the Botanical Garden Foundation recently sold a property to generate $25,000 toward the match. Orange County is requested to contribute $100,000 toward the project match. While staff has not formally evaluated this property, it is within the Inventory of Natural Areas and Wildlife Habitat and this natural area has long been a priority of the Lands Legacy Program. As noted by the Botanical Garden Foundation in its letter of request, one of the goals of the Orange County Comprehensive Plan is to "Protect land in and around biologically significant areas, and connections between these areas, to allow for the maintenance of native wildlife and plant populations and their functional relationships." At this time, the Botanical Garden Foundation is looking for a letter of commitment/intention for funding assistance to convey to the Clean Water Management Trust Fund. A draft letter to this effect is attached. The actual funds disbursement would not occur until the grant is approved and the property transaction is closed. A grant agreement addressing the terms of the funding is attached. FINANCIAL IMPACT: The appraised value of the property is $725,000 ($56,641 per acre). Based on this appraisal the Botanical Garden Foundation has requested a grant in the amount of $550,000 from the Clean Water Management Trust Fund. In addition to the Clean Water grant request, other funding amounts are $25,000 from the Botanical Garden Foundation, $50,000 from the Town of Chapel Hill and the requested $100,000 from Orange County. If approved, County funding for the project would come from the Lands Legacy Fund (approximately $2.85 million remaining). SOCIAL JUSTICE IMPACT: There is no identified Social Justice Impact with this funding request. RECOMMENDATION(S): The Manager recommends that the Board 1) approve the draft letter indicating the County's intention to provide the matching funds of $100,000, contingent upon approval of the Clean Water Management Trust Fund grant, and convey the letter to the Botanical Garden Foundation for transmittal to the Clean Water Management Trust Fund; and 2) authorize the Manager to sign the attached grant agreement, subject to final review by the County Attorney. 3 Botanical Garden Foundation, Inc.BNOR ff1 TI NA R NC L Wr the 501(c)(3) support organization of the North Carolina Botanical Garden Orange County Board of County Commissioners Dear Commissioners: April 24, 2017 The Orange County Lands Legacy Program has long-recognized the biological and ecological significance of North Carolina Botanical Garden (NCBG) properties, such as the Mason Farm Biological Reserve, Laurel Hill Nature Preserve, and the Parker Preserve in the Inventory of the Natural Areas and Wildlife Habitats of Orange County(1988, 2004). The Orange County 2030 Comprehensive Plan further emphasizes the high importance of natural area protection,which clearly states in Objective NA-15: Protect land in and around biologically significant areas,and connections between these areas,to allow for the maintenance of native wildlife and plant populations and their functional relationships. The aforementioned contiguous NCBG natural areas total 600 acres and connect to the 42,000- acre New Hope Gameland to the south.Three undeveloped privately owned parcels adjacent to the NCBG nature preserves, which complete the upland link to the Gameland, are specifically recognized as conservation priorities by the Orange County Lands Legacy Program, and are vulnerable to development. One of these, the Cochrane property(and the smallest at 12.8 acres), is now listed for sale with a local real estate company.The Botanical Garden Foundation, Inc. (BGF)—the non-profit support organization for the North Carolina Botanical Garden—has submitted a Clean Water Management Trust Fund (CWMTF) application in the 2017 cycle for Cochrane property purchase. The Cochrane property ranks as "exceptional" by the North Carolina Natural Heritage Program for its Natural Heritage value, which enabled it to score very highly by the CWMTF.The CWMTF application and supporting documents are attached for your information. Please note that the budget information in the application Scope of Work is speculative.We are actually requesting$550,000 from the CWMTF based on a second appraisal, which is currently in preparation. The Cochrane property is in Orange County, but in the Extraterritorial Jurisdiction of Chapel Hill. If purchased, the Cochrane property will be added to the Parker Preserve. If sold to a developer, a significant natural area will be lost. (An application for subdivision by the Cochrane family is currently under review by the Orange County Planning Department.) Although the Cochrane property ranked high for CWMTF funding, it lacks a significant match, which is crucial for a successful proposal.The BGF is able to provide$25,000 toward match and we ask that Orange County contribute $100,000. We are also requesting a match from the Town of Chapel Hill. Our request is very time-sensitive, as the commitment for match must be submitted to the CWMTF by June 1, 2017. We look forward to presenting our funding request to the Board of County Commissioners at your earliest available date. Please direct all communications to Johnny Randall (jrandall @unc.edu), the Director of Conservation Programs at the North Carolina Botanical Garden. 4 Clean Water Management Trust Fund Application Narrative SCOPE OF WORK The Botanical Garden Foundation, Inc., (BGF) seeks funding in the amount of$725,000 for the purchase of 12.8 acres, known as the Cochrane property, in the Orange County NC Rural Buffer just outside of the Extraterritorial Jurisdiction of Chapel Hill.The Cochrane property is immediately adjacent to approximately 600 acres of nature preserves administered by the North Carolina Botanical Garden at the University of North Carolina at Chapel Hill.The Cochrane property is also adjacent to the wildlands associated with the approximately 42,000 acres of the Jordan Lake Game Lands. Of the requested grant funds, a match from the BGF ($25,000) and the Town of Chapel Hill ($50,000) are secure. Orange County has been asked to contribute $100,000 toward the match. PROJECT DESCRIPTION AND NEED The BGF is the 501c(3) support organization of the North Carolina Botanical Garden (NCBG) of the University of North Carolina at Chapel Hill. Founded in 1966, the BGF is also a land trust that holds 212 acres of nature preserves and 115 acres of conservation easements,which are contiguous and immediately adjacent to the Cochrane property.The Cochrane property, if acquired, would be added to the NCBG/BGF nature preserve system -primarily the 400-acre Mason Farm Biological Reserve (NCBG), the 75-acre Laurel Hill Nature Preserve (BGF), and the 124-acre Parker Preserve (NCBG)—all of which rank"exceptional" by the North Carolina Natural Heritage Program (Map 1). The Cochrane property was also ranked "exceptional" by NC Natural Heritage Program (NCNHP) staff in November, 2016, and subsequently included within the Mason Farm/Laurel Hill Oak-Hickory Forest Natural Area (Map 2). Acquiring the Cochrane property would extend the contiguous NCBG/BGF natural areas and conserve and protect an extraordinarily intact mature Basic Dry Oak-Hickory forest. Not only is Cochrane a high-quality natural area in its own right, but conservation would allow NCBG to make improvements to create safe public access to buffer the conservation lands associated with the Mason Farm/Laurel Hill Oak-Hickory Forest Natural Area from the deleterious effects of urban encroachment. Many of the high quality lands in the area have already been developed, making protection of the remaining natural areas of high priority. If Cochrane is developed with proposed multiple house sites, our ability to create a safe entrance and buffer is lost, and the Parker Preserve is rendered vulnerable to all of the liabilities associated with nearby forest fragmentation and overall housing development. On the landscape scale, the NCBG/BGF lands, and nearly 200 acres of undeveloped private land holdings, including the Cochrane tract, make up the most significant wildlife corridor associated with the Jordan Lake Game Lands and Jordan Lake reservoir.The 12.8-acre Cochrane property is the smallest of the private land holdings, but most vulnerable to development since it is currently listed for sale. Conservation of the above-mentioned private lands is a long-time goal of the Orange County 2030 Comprehensive Plan (2008) and the Lands Legacy Program for Orange County (htt.2.1/www.orangecountync.,.gov/Lands Legacy Progra ....docu ent... df).The Comprehensive Plan calls for the conservation of a network of protected open space that addresses 1) threats to important natural areas; 2) connectivity between protected areas; 3) coordination with neighboring counties; and 4) sustainable management of critical natural resources. 5 The BGF and local conservation partners received a grant from the NC Wildlife Resources Commission in 2016 to identify critical landscape corridors of priority natural communities for species of greatest conservation need between conserved and private lands located within the Jordan Lake watershed. There are over 65 Natural Heritage Natural Areas, comprised of priority natural communities and habitat identified by the NC Natural Heritage Program that are located within the focus area, which includes the Cochrane property. Around Jordan Lake alone there are 19 Natural Heritage Natural Areas, comprising approximately 8,000 of the total 42,000 acres of Jordan Lake Game Lands.The project partners realize that existing protected areas are in danger of becoming further isolated by development and require protected landscape corridors to maintain ecosystem functions and processes. RESOURCE PROTECTION OBJECTIVES AND HOW THEY WOULD BE ACHIEVED The Cochrane property mature Basic Dry Oak-Hickory forest contains, and in turn, supports plants and wildlife of the Mason Farm/Laurel Hill Oak-History Forest Natural Area, the greater Jordan Lake Game Lands, and water quality of the Jordan Lake reservoir.The wildlife within the Mason Farm/Laurel Hill Oak-Hickory forest Natural Area includes, but is not limited to, the following numbers of species: 220 birds, 13 salamanders, 14 frogs and toads, 37 reptiles, and 32 mammals including white-tailed deer, (occasional) black bear, bobcat, river otter, fox, mink, and coyote. Protection and management of the Cochrane property resources would follow those of the current Mason Farm Biological Reserve Management Plan, which includes prescribed fire where appropriate. But the Cochrane property requires little to no management other than to ensure that there are no invasive plant occurrences (of which there are none at present). The NCNHP performed a 1-mile radius biological assessment of the Mason Farm Biological Reserve for the NC Division of Water Resources in October, 2016.The NCNHP database indicates that that there are records for rare species, important natural communities, natural areas, or conservation/managed areas, which includes the Cochrane property.These results are presented in the 'Documented Occurrences' tables and map (Document 1).The proximity of these records suggests that natural heritage elements could occur on the Cochrane property if suitable habitat exists. The adjacent Parker Preserve and Mason Farm Biological Reserve together also contain 12 known pre- Civil War dwelling sites, and the Parker Preserve promontory is purported to be the location of American Indian ceremonies. An inventory of all known dwelling sites is reported in the Mason Farm Archaeology Report (Map 3). OTHER PUBLIC BENEFITS The North Carolina Botanical Garden, as part of the University of North Carolina at Chapel Hill, supports the teaching and research mission of the University,which extends to BGF lands.The Mason Farm Biological Reserve, in particular, has supported teaching and research for over 100 years,which would include the Cochrane property if acquired. The NCBG education programs connect people to nature through diverse, creative experiences that instill recognition of the intrinsic value of nature. Annually, NCBG offers hundreds of workshops, classes, and field trips along with programs for children and families, public schools, environmental education programs, and the Earth Partnership for Schools for teacher training. All of the above mentioned 6 education programs currently utilize NCBG natural areas, which would include the Cochrane property if acquired. Over 500 private citizens hold (free)visitor permits to Mason Farm, who participate in nature study and the quiet enjoyment of nature.A mile-long footpath, organically created by walkers many decades ago, already exists from the Cochrane property,through the Parker Preserve, to Mason Farm.This trail would remain single-track, but be improved for a safer walking surface and include directional markers. Acquiring the Cochrane property would also allow NCBG to have another official public nature preserve access in Orange County, providing an extended hiking opportunity from Cochrane through to the Mason Farm loop trail and back (of approximately 3 miles). 7 ///t % !" % PAT McC ORY , Governor SUSAN KLUTTZ ASP CIF otan, NCNHDE-2329 October 6, 2016 Adriene Weaver North Carolina Division of Water Resources adriene.weaver @ncdenr.gov Raleigh, NC 27699 RE: Mason Farm Biological Reserve Dear Adriene Weaver: The North Carolina Natural Heritage Program (NCNHP)appreciates the opportunity to provide information about natural heritage resources for the project referenced above. A query of the NCNHP database indicates that there are records for rare species, important natural communities, natural areas, or conservation/managed areas within the proposed project boundary. These results are presented in the attached `Documented Occurrences' tables and map. The attached `Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one-mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists and is included for reference. Tables of natural areas and conservation/managed area within a one-mile radius of the project area, if any, are also included in this report. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. Also please note that the NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve (DNP), Registered Heritage Area(RHA), Clean Water Management Trust Fund (CWMTF)easement, or an occurrence of a Federally-listed species is documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Misty Buchanan at misty.buchanan©ncdcr.gov or 919.707.8107. Sincerely, NC Natural Heritage Program ,1a_ rr1°12 r.,i mien'a J it 1141'W 41 arrr 9,wir'n1#'c:r,rr4Rr_.(1114'.'^. �0000;1�� 8 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Intersecting the Project Area Mason Farm Biological Reserve October 6, 2016 NCN HDE-2329 Element Occurrences Documented Within Project Area l"axonomic EQ 14, S em i dame Common dame Last Element; Accur Faftrat Stag Global 1ato Grc a Qbser4i4ton QccctWrerx a Status;; St"att lark Rack Zan Amphibian 9260 Hemidactylium scutatum Four-toed Salamander 1987-02 E 3-Medium --- Special G5 S3 Concern Butterfly 3487 Papilio cresphontes Giant Swallowtail 1980-Pre H 3-Medium --- Significantly G5 S2S3 Rare Freshwater Fish 29269 Etheostoma collis Carolina Darter 1949-04-10 H 3-Medium Species of Special G3 S3 Concern Concern Natural 4482 Piedmont Alluvial Forest --- 1988-07-11 AB 3-Medium --- --- G4 S4 Community Natural 5489 Piedmont Bottomland --- 2010 A 2-High --- --- G2? S2 Community Forest(Typic Low Subtype) Natural 7773 Piedmont/Mountain --- 2013 A 3-Medium --- --- G4G5 S4 Community Semipermanent Impoundment(Open Water Subtype) Natural 30596 Piedmont/Mountain --- 2010 A 3-Medium --- --- G4? S4 Community Semipermanent Impoundment(Piedmont Marsh Subtype) Natural 30597 Piedmont/Mountain --- 2010 A 3-Medium --- --- G4 S4 Community Semipermanent Impoundment(Shrub Subtype) Vascular Plant 27838 Agastache nepetoides Yellow Giant-hyssop 2009-08-01 CD 2-High --- Significantly G5 S1 Rare Peripheral Vascular Plant 21010 Matelea decipiens Glade Milkvine 2013-05-30 BC 2-High --- Significantly G5 S3 Rare Peripheral Page 2 of 8 Natural Areas Documented Within Project Area 9 8#e Fume Represeiita#lonal,Rating Ra#ins Big Oak Woods R3 (High) C5 (General) Mason Farm/Laurel Hill Oak-Hickory Forest R1 (Exceptional) C4 (Moderate) Morgan Creek Bluffs R2 (Very High) C3 (High) Morgan Creek Floodplain Forest R2 (Very High) C3 (High) Managed Areas Documented Within Project Area W1nta&d:Area Name Owner, Owrn€:r Type B. Everett Jordan Dam and Lake US Army Corps of Engineers Federal Laurel Hill Preserve North Carolina Botanical Garden Foundation Private University of North Carolina-Chapel Hill Conservation University of North Carolina-Chapel Hill State Land William Lanier Hunt Arboretum North Carolina Botanical Garden State NC Division of Mitigation Services Easement NC DEQ, Division of Mitigation Services State Laurel Hill Preserve DNP North Carolina Botanical Garden Foundation Private Morgan Creek Floodplain Forest RHA US Army Corps of Engineers Federal NOTE: If the proposed project intersects with a conservation/managed area,please contact the landowner directly for additional information. If the project intersects with a Dedicated Nature Preserve(DNP),Registered Natural Heritage Area(RHA),or Federally-listed species,NCNHP staff may provide additional correspondence regarding the project. Definitions and an explanation of status designations and codes can be found at httos://ncnhde.natureserve.o[g/content/help.Data query generated on October 6,2016;source:NCNHP,Q2 June 2016.Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 3 of 8 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One-mile Radius of the Project Area 10 Mason Farm Biological Reserve October 6, 2016 NCN HDE-2329 Element Occurrences Documented Within a One-mile Radius of the Project Area l"axonomic ED,14 Common Name: Last Element A�cu rack Faderat 15tate Globaf State Qtseton C?ccurrene Status Stagsak Rack Amphibian 9260 Hemidactylium scutatum Four-toed Salamander 1987-02 E 3-Medium --- Special G5 S3 Concern Bird 11830 Accipiter striatus Sharp-shinned Hawk 1974-06-17 E 4-Low --- Significantly G5 S2B,S4 Rare N Butterfly 34564 Erynnis martialis Mottled Duskywing 1952-07-01 H 5-Very --- Significantly G3 S2 Low Rare Butterfly 3487 Papilio cresphontes Giant Swallowtail 1980-Pre H 3-Medium --- Significantly G5 S2S3 Rare Dragonfly or 33764 Somatochlora georgiana Coppery Emerald 2004-Pre H? 5-Very --- Significantly G3G4 S2? Damselfly Low Rare Freshwater Fish 29269 Etheostoma collis Carolina Darter 1949-04-10 H 3-Medium Species of Special G3 S3 Concern Concern Natural 15593 Dry Basic Oak--Hickory --- 2010 A 4-Low --- --- G2G3 S2S3 Community Forest Natural 17561 Mesic Mixed Hardwood --- 1998-10-04 C 2-High --- --- G3G4 S4 Community Forest(Piedmont Subtype) Natural 4482 Piedmont Alluvial Forest --- 1988-07-11 AB 3-Medium --- --- G4 S4 Community Natural 5489 Piedmont Bottomland --- 2010 A 2-High --- --- G2? S2 Community Forest(Typic Low Subtype) Natural 1945 Piedmont/Coastal Plain --- 1988-11-07 A 3-Medium --- --- G3 S3 Community Heath Bluff Natural 7773 Piedmont/Mountain --- 2013 A 3-Medium --- --- G4G5 S4 Community Semipermanent Impoundment(Open Water Subtype) Natural 30596 Piedmont/Mountain --- 2010 A 3-Medium --- --- G4? S4 Community Semipermanent Impoundment(Piedmont Marsh Subtype) Page 4 of 8 Element Occurrences Documented Within a One-mile Radius of the Project Area 11 Taxonomic E ?tD 49i nti is E+ame C mm n name Last Ele nartt; Acc Tracy Fedoral State Global �tafe Group Qbseraflon Occurrenoetatxs. Stags Fink Rank �. � Natural 30597 Piedmont/Mountain --- 2010 A 3-Medium --- --- G4 S4 Community Semipermanent Impoundment(Shrub Subtype) Vascular Plant 27841 Agastache nepetoides Yellow Giant-hyssop 1990-09-28 E 3-Medium --- Significantly G5 S1 Rare Peripheral Vascular Plant 27838 Agastache nepetoides Yellow Giant-hyssop 2009-08-01 CD 2-High --- Significantly G5 S1 Rare Peripheral Vascular Plant 21065 Anemone berlandieri Southern Anemone 2005-03-13 CD 2-High --- Endangered G4? S2 Vascular Plant 2356 Carex vestita Velvet Sedge 1959-04-28 H 3-Medium --- Special G5 SH Concern Historical Vascular Plant 25160 Corpus racemosa Gray Dogwood 2006? E 4-Low --- Significantly G5? S1 Rare Peripheral Vascular Plant 34235 Crataegus succulenta Fleshy Hawthorn 1932-Pre H 5-Very --- Significantly G5 S1S2 Low Rare Peripheral Vascular Plant 8524 Dichanthelium annulum Ringed Witch Grass 1902-Pre H 4-Low --- Significantly GNR S1 Rare Peripheral Vascular Plant 22485 Fothergilla major Large Witch-alder 2002-11-05 B 3-Medium --- Significantly G3 S3 Rare Throughout Vascular Plant 14411 Gillenia stipulate Indian Physic 1959-06 H 4-Low --- Threatened G5 S2 Vascular Plant 16613 Liatris squarrulosa Earle's Blazing-star 1944-09-23 H 3-Medium --- Significantly G4G5 S2 Rare Peripheral Vascular Plant 24774 Lindera melissifolia Pondberry 1822-02-22 H 4-Low Endangered Endangered G2G3 S1 Vascular Plant 21011 Matelea decipiens Glade Milkvine 2000-05 E 3-Medium --- Significantly G5 S3 Rare Peripheral Vascular Plant 21010 Matelea decipiens Glade Milkvine 2013-05-30 BC 2-High --- Significantly G5 S3 Rare Peripheral Vascular Plant 15678 Monotropsis odorata Sweet Pinesap 1988-07-11 CD 3-Medium Species of Special G3 S3 Concern Concern Vulnerable Vascular Plant 1492 Pycnanthemum torreyi Torrey's Mountain-mint 1933-07-04 H 4-Low Species of Significantly G2 S1 Concern Rare Throughout Page 5 of 8 Element Occurrences Documented Within a One-mile Radius of the Project Area 12 Taxonomic Et?lD 49ienti is E+ame C mm n lame Last Ele nartt; Acc Tracy Federal State Global �tafe Group Qbser aflon Occurrence, t4, . Stags I nk Rank . .. �. � Vascular Plant 23195 Ruellia purshiana Pursh's Wild-petunia 1990-06-04 E 3-Medium --- Special G3 S2 Concern Vulnerable Vascular Plant 23241 Symphyotrichum laeve Narrow-leaf Aster 1939-09-17 H 3-Medium --- Threatened G5T4 S2 var. concinnum Vascular Plant 22304 Tridens chapmanii Chapman's Redtop 1894-08-21 H 5-Very --- Threatened G3 S1S2 Low Natural Areas Documented Within a One-mile Radius of the Project Area Site Name F presents€l naal,Rating 1p41 ecti re Rating Big Oak Woods R3 (High) C5 (General) Little Creek Bottomlands and Slopes R5 (General) C4 (Moderate) Mason Farm/Laurel Hill Oak-Hickory Forest R1 (Exceptional) C4 (Moderate) Morgan Creek Bluffs R2 (Very High) C3 (High) Morgan Creek Floodplain Forest R2 (Very High) C3 (High) Managed Areas Documented Within a One-mile Radius of the Project Area Manta&d:Area Name OW ar Owrner Type B. Everett Jordan Dam and Lake US Army Corps of Engineers Federal B. Everett Jordan Dam and Lake US Army Corps of Engineers Federal B. Everett Jordan Dam and Lake US Army Corps of Engineers Federal Laurel Hill Preserve North Carolina Botanical Garden Foundation Private Meeting of the Waters Preserve North Carolina Botanical Garden Foundation Private University of North Carolina-Chapel Hill Conservation University of North Carolina-Chapel Hill State Land University of North Carolina-Chapel Hill Conservation University of North Carolina-Chapel Hill State Land University of North Carolina-Chapel Hill Conservation University of North Carolina-Chapel Hill State Land University of North Carolina-Chapel Hill Conservation University of North Carolina-Chapel Hill State Land University of North Carolina-Chapel Hill Conservation University of North Carolina-Chapel Hill State Land University of North Carolina-Chapel Hill Conservation University of North Carolina-Chapel Hill State Land William Lanier Hunt Arboretum North Carolina Botanical Garden State Page 6 of 8 Managed Areas Documented Within a One-mile Radius of the Project Area 13 Manta&d:Area Name OWnpar Owrn€:rType William Lanier Hunt Arboretum North Carolina Botanical Garden State NC Division of Mitigation Services Easement NC DEQ, Division of Mitigation Services State NC Division of Mitigation Services Easement NC DEQ, Division of Mitigation Services State NC Division of Mitigation Services Easement NC DEQ, Division of Mitigation Services State NC Division of Mitigation Services Easement NC DEQ, Division of Mitigation Services State North Carolina Botanical Garden Foundation Easement North Carolina Botanical Garden Foundation Private Laurel Hill Preserve DNP North Carolina Botanical Garden Foundation Private Little Creek Bottomlands and Slopes RHA US Army Corps of Engineers Federal Morgan Creek Floodplain Forest RHA US Army Corps of Engineers Federal Morgan Creek Floodplain Forest RHA US Army Corps of Engineers Federal Definitions and an explanation of status designations and codes can be found at httos:!lncnhde.natureserve.oLq/content/help.Data query generated on October 6,2016;source:NCNHP,Q2 June 2016.Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. 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Y y Y October 6,2016 1:30,986 Project Boundary E] Managed Area(MAREA) i 0.25 o.s 1 mi Buffered Project Boundary o 0.425 0.85 1.7 km E) Natural Heritage Element Occurrence(NHEO) Sources:Esri,HERE,oeLorme,Intermap,increment P Corp,GEBCO,USGS, FAO.NPS,NRCAN,GeoBase,IGN,Kadaster NL,Ordnance Survey,Esri Japan, METI, Esri China (Hong Kong), —stopo, Mapmylndia,©OpenStreetMap E) NHP Natural Area(NHNA) �ntrib�tors,and the GIS User Community Page 8 of 8 Cochrane Property Location Map 15 iir■:1VP5 = m 1• MASON F ._� -P �� z ARM RD 2•,...0._.- Is Am .J i ,, ,0 .►�■•sl Fog �o� . aru ■ IMII�(�O.i �-9 ,��\,, '',1. ,_, ! a, KINGS MILL RD�� II NC 54 G��1 � firms % 1 ��� ■%_�4 �r .�I "� , M�a �s.� W -, it $ � r 4 //�I//,%w - • ? 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ALNfr S_7c• ' �����I�c�LYSTR ,TOji � lir HOMEPLACE DRi1� �0 OLD ORCHARD RD 71A1 nig eAfilli /4%.1Wil .... ***, G Cochrane property o 250 500 ,,000 Feet w�,, I 1 1 1 I 1 1 1 1 4�1 s Chapel Hill town limits j// p by Chapel Records GIS Division Cha el Hill ETJ 5/25/2017 16 Map 2: Area surveyed in Mason Farm/Laurel Hill Oak—Hickory Forest Mason Farm Biological Reserve Mason Farm/Laurel Hill Oak--Hickory Forest and Cochran Tract survey area 21 November 2016 ...., , , ,.,„„t, ,_,„ 1.4„ * , �s R, t } I,,,:� t -"\.. :.�..� rte' .! t .. . .,...., .... , ... . „, . , 4 , T r'. , • �) 4. Cochran tract • 1,1, . -iii , , col yt• 1 Mason Farm/Laurel Hill Oak--Hickory Forest s 't` a. natural area t.. V u Legend I'" c: Dry Basic Oak-Hickory Forest �` -, ''•-i" groin yx ' Ivitiitinkatural area boundaries "�' •, ' ,fit��w 1►h ; '0 0.1 0.2 `s � . ' ' Miles .,,,l sunk.: • 3 . • . , r' _ ,4 ', >Nr'r'Pnt,`orii Pear,,' r-in`bn'3 ar d:• Alli✓o PJ0J1`d ill,: j 8 17 ORANGE moch )00.00.01101,000.:001 Department of Environment, Agriculture,Parks&Recreation June 7, 2017 Ms. Nancy Guthrie Clean Water Management Trust Fund 1651 Mail Service Center Raleigh, NC 27699-1651 Ms. Nancy Guthrie, On June 6, 2017 the Orange County Board of Commissioners agreed to contribute $100,000 in grant matching funds toward the N.C. Botanical Garden's application for funding from the Clean Water Management Trust Fund for the acquisition of the Cochrane Property. Please let me know if we can provide any additional information. Thank you very much for your consideration. Sincerely, David Stancil Director Copies: Johnny Randall, Director of Conservation, N.C. Botanical Garden FP I dnd CFt... FP t... FFS UR FF DIVISI Orange County Department of Environment, Agriculture, Parks&Recreation PO Box 8181, Hillsborough, NC 27278 Phone: (919) 245-2510 Fax: (919) 644-3351 18 ORANGE COUNTY GRANT AGREEMENT THIS GRANT AGREEMENT("Agreement"), entered into this 6th day of June 2017 ' by and between Orange County("County")and Botanical Garden Foundation, Inc. ("Grant Recipient"). WHEREAS, County is a political subdivision of the State of North Carolina; and, WHEREAS, Grant Recipient is a North Carolina not for profit corporation whose primary mission is the conservation and preservation of_natural areas and wildlife habitat; and, WHEREAS, the Grant Recipient was selected to receive a grant to support the public purpose of ~notecdnn of scnnanontosrn space and an identified natural area contin_ent on occcistof0 Jrunt from the NC Clean Water Management Trust Fund; and, NOW THEREFORE, the County arid the Grant Recipient, for the consideration arid under the conditions hereinafter set forth, agree as follows: 1. Approved Grant. Grant funds are provided for the project("Project")described in the Grant Recipient's Grant Request("Application"), dated April 24, 2O\7 and incorporated by reference, subject to this Agreement,. 2. GmmnkAvvmrd. Gruntfundoinunamuuntofonehundrcdthouaun dollars ($ 100,000 ) have been awarded by County arid shall be released to the Grant Recipient for the approved Project. The grant cannot be assigned or transferred without prior written approval. 3. Responsibilities of the Grant Recipient A. Implementation. The Project shall be implemented in the mariner described in the Application. Time is of the essence in the implementation of the Project. R. Use of Funds. Grant recipient shall not use the grant funds for any of the prohibited purposes described in the Guidelines. The grant shall be utilized solely for its intended use, as detailed in the Application. 4. Indemnity. The Grant Recipient agrees to indemnify and hold harmless the County its officers and employees from any and all claims of actual injury, damage or loss to a person, ornca| or personal property that results from or is in any way connected to the receipt arid/or use and/or expenditure of the grant funds. 5. Termination. A. In the event of any of the circumstances set forth below(hereinafter referred to as"default"). the County may immediately terminate this Agreement: OC GenGA Jan 2017 19 i. Any fraudulent representation on a material matter related to securing and utilizing grant funds under this Agreement. ii. Failure to satisfactorily comply with any provision of this Agreement or any term of the Grant Application as determined by the County in its sole discretion. iii. Failure to adhere to the terms of applicable county, state, or federal laws, regulations, or stated public policy. B. In the event of default by the Grant Recipient, the County has the discretion to elect to terminate this Agreement, in whole or in part and/or require the Grant Recipient to repay the grant funds within thirty (30) days from written notice or allow the Grant Recipient the opportunity to cure the default. This clause shall not be interpreted to limit the County's remedies in law or equity. 6. Miscellaneous. A. Governing Law. This Agreement shall be interpreted and governed in accordance with the laws of the State of North Carolina and Orange County. Grant Recipient shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all state and federal anti-discrimination laws, policies, rules and regulations and the Orange County Anti-Discrimination Policy. Any violation of this requirement is a breach of this Agreement and County may immediately terminate this Agreement without further obligation on the part of the County. This paragraph is not intended to limit the definition of breach to discrimination. By executing this agreement Grant Recipient affirms that Grant Recipient and any subcontractors of Grant Recipient are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. Where applicable, failure to maintain compliance with the requirements of Article 2 of Chapter 64 of the General Statutes constitutes a breach of this Agreement. By executing this Agreement, Grant Recipient certifies that Grant Recipient has not been identified, and has not utilized the services of any agent or subcontractor, on the Iran divestment list created by the State Treasurer pursuant to G.S. 147'86.58. B. Status.Nothing contained in this Agreement shall be construed to create the relationship of principal and agent, or employer and employee, between Grant Recipient and County. Grant Recipient understands and agrees that it is not authorized to incur any expenses or any liability whatsoever on behalf of the County and has no authority, express or implied,to obligate or make representations on behalf of the County. C. Entire Agreement and Signatures. The parties have read this Agreement and agree to be bound by all of its terms, and further agree that it constitutes the complete and exclusive Agreement between the parties unless and until modified in writing and signed by the parties. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the intent of the Parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. OC GenGA Jan 2017 20 IN WITNESS WHEREOF, the County and the Grant Recipient have signed this Agreement, effective on the first above recorded. For and on 1E half of ti , ""` I Recipient rikall- 640:1 4F ., </ , (a For and on ehaif of range County Government Bonnie Hammersley, Manager OC GenGA Jan 2017