HomeMy WebLinkAboutAgenda - 04-28-2005-1a1AGENDA ITEM ITEM 6
PROPOSALS FOR STATE - CONTROLLED HUNTING ON OWASA PROPERTY
PURPOSE
To determine what level of public hunting, if any, should he allowed on OWASA
property in the Cane Creek watershed.
BACKGROUND
The Board of Directors and its Natural Resources and Technical Systems (NRTS)
Committee have discussed proposals for hunting on OWASA property on several
occasions since September 2004. Background details are provided in the attached
memorandum
Staff of OWASA and the NC Wildlife Resources Commission (WRC) were in general
agreement about providing a limited archery -based deer hunting program on OWASA's
500 -acre Mitigation Tract in lieu of hunting at Cane Creek Reservoir, but a recent letter
from the WRC's Executive Director indicates that the WRC is no longer satisfied with
the previous proposal and that a substantially more intensive program should be
implemented on the Mitigation Tract, as well as waterfowl hunting at Cane Creek
Reservoir. Details of this proposal are outlined in a table included with the attached staff
memo.
WRC included a `Buckhorn Gameland" in its list of sites for the 2005 -2006 Gamelands
Program, Maps, site descriptions, and hunting calendars for the 2005 -2006 program will
go to press in early May.
It is likely that a number of citizens and stakeholders will wish to address the Board
during the April 28, 2005 meeting. Publicity included a news release; one paid
advertisement in the New of 'Orange; and approximately 80 letters to owners of property
around the reservoir and Mitigation Tract and to parties who had expressed previous
interest in these issues.
ACTION NEEDED
Consideration of public comments and any other information that may be provided in
addition to the attached staff material; discussion and action as the Board desires.
STAFF RECOMMENDATION
Staff recommends that waterfowl hunting not be allowed at the Cane Creek Reservoir,
but that some degree of hunting be permitted on the Mitigation Tract as determined by
the Board Additional details and discussion are provided in the attached memo.
April 28, 2005
MEMORANDUM
TO: Board of Directors
THROUGH: Ed Kerwin
FROM: Ed Holland
DATE: April 22, 2005
SUBJECT: Proposals for State - Controlled Hunting on OWASA Property
Background
Permission to build the Cane Creels Reservoir was obtained from the United States Army
Corps of Engineers through a "Section 404" Permit issued to OWASA in 1981. The 404
Permit contained a number of provisions and requirements governing the reservoir's
construction and operation. Among these was the condition that OWASA obtain and set
aside 500 acres of land to mitigate the loss of wildlife habitat that the reservoir's
impoundment would cause, The so- called "Mitigation Tract" was obtained for that
purpose.
Although written correspondence with the North Carolina Wildlife Resources
Commission (WRC) in 1980 implied that the Mitigation Tract would be open for public
hunting, this condition was not included in the OWASA Board of Directors September 4,
1980 Resolution Establishing A lildlife Mitigation Program for Cane Creek J11ater
Supply Reservoir Under the Regulations of the 404 Permit Process of the U.S. Army Cap
of Engineers, nor was it specified in the 404 Permit subsequently issued by the Corps,
The Board's resolution did, however, state that the Cane Creek Reservoir itself be open
to the public for fishing and hunting. OWASA has always provided public boating and
fishing opportunities, but has enforced a no- hunting policy at Cane Creek and all other
OWASA -owned land, including the Mitigation Tract.
A brief summary of activities since the Board of Directors discussed these issues last
September is presented below:
• On September 23, 2004, the Board discussed a proposal to allow a limited program of
pennit - controlled deer hunting on the Mitigation Tract that would be administered
under the NC Wildlife Resources Commission's (WRC) Gamelands Program. Per
staff level discussions, such a program on the Mitigation Tract would serve in lieu of
OWASA's obligation to provide hunting on the Cane Creek Reservoir.
• On .January 27, 2005, the Board's Natural Resources and Technical Systems
Committee (NRTS) proposed further details for a hunting program on the Mitigation
Proposals for Hunting on OWASA Property
April 22, 2005
Page 2 of 4
Tract. OWASA staff was directed to discuss this with WRC staff and to report back
to the NRTS Committee and other Board members.
• On February 8, 2005, WRC staff indicated their general concurrence with the NRTS
Committee proposal, and OWASA staff promptly transmitted this information to all
Board members.
• On February 10, 2005, the NRTS Committee agreed that OWASA should proceed
with a public meeting in early March to share the proposal with local community
members and other stakeholders.
• On February 15, 2005, the Orange County Board of Commissioners expressed the
County's ongoing interest in the future conjunctive use of OWASA's Mitigation
Tract for low- impact passive recreational activities.
• A public meeting was co- hosted on March 8, 2005 by OWASA and WRC at the Cane
Creels Baptist Church Activity Center on Buckhorn Road. More than 50 citizens
attended. Neighbors of the Mitigation Tract generally opposed the hunting proposal,
while hunters supported it. Most of the hunters favored a more extensive program
than proposed and urged that the Cane Creek Reservoir be opened for hunting as
well.
• On March 10, 2005, the OWASA Board received a report about the public meeting;
several citizens expressed opposition or support of the proposal; and the Board
referred the matter back to the NRTS Committee for further consideration and
recommendations.
• In an April 8, 2005 letter to OWASA, the WRC's Executive Director stated that the
Commission was not satisfied that OWASA had met the mitigation provisions of the
404 Permit, and that the WRC intended to initiate hunting programs on both the
Mitigation Tract and the Cane Creek Reservoir in the Fall of 2005.
• On April 14, 2005, two of three NRTS Committee members recommended
proceeding with an archery -only deer hunting program on the southerrunost portion
of the Mitigation Tract with no waterfowl hunting on the reservoir. The third
Committee member stated her opposition to any hunting on any OWASA property
• OWASA's Executive Director requested and met with the WRC Executive Director
and associates on April 20, 2005 to exchange information and better understand each
other's position. Among other items, WRC staff explained their early May
publication deadline for the 2005 -2006 Gamelands hunting program, maps, and
calendar.
Proposals for Hunting on OWASA Property
April 22, 2005
Page 3 of 4
Other Information
Nearby Home Sites — In response to the NRTS Committee's request for additional
information about the proximity of private homes to OWASA property, we have
provided aerial photo /maps of the Cane Creels Reservoir and Mitigation Tract vicinities.
Private residences are indicated by yellow dots based on 2003 photographic data.
Buckborn Road Access — Detailed survey information of the easternmost potion of
OWASA's Mitigation Tract is being acquired to determine the feasibility of'public access
to the Mitigation Tract from Buckhorn Road rather than fi°om Martin Road, This
information will be available for the April 28, 2005 Board meeting.
Status of Martin Road — As requested by the NRTS Committee, staff determined that
the NC Department of Transportation maintains a 60 -foot right - of-way along the entire
0.7 -mile length of Martin Road (S.R. 1124).
Hunting on Other Class I Reservoirs — Upon inquiry, staff of NCDENR's Public Water
Supply Section (PWSS) was unable to recall any other Class I water supply reservoirs in
North Carolina where hunting is allowed. As of April 22, ten North Carolina water
utilities have responded to in- person and internet queries posted by OWASA staff To
date, we have identified no other water suppliers who allow hunting on their Class I or II
reservoirs.
Approval of Recreation on Class I Reservoirs — Section .1201(a) of the PWSS Rules
Governing Local YYater Systems (15A NCAC 18A) states: "No recreational activities
shall be permitted on a class I or class II reservoir without a resolution by the [NC Health
Services] commission or without approval by the Department [of Environment and
Natural Resources]." The Health Services Commission adopted such a resolution in
November 1992 approving OWASA's Regulations Governing In -Lake Activities and Use
of Cane Creek Reservoir, which explicitly prohibit hunting on the Cane Creels Reservoir.
Any changes to allow hunting at Cane Creek would require prior approval by the Health
Services Conninission.
Domestic Animals Prohibited in Class I Reservoirs — Section .1207 of the PWSS
rules states: "The watering, washing or wallowing of any horses, mules, cattle, or
domestic animals shall not be permitted in any class I or class II reservoir." OWASA
staff interprets this to mean that hunters would not be permitted to use retriever dogs for
waterfowl hunting on the Cane Creek Reservoir
Additional Operating Costs — Because lance users' fees do not adequately cover all the
costs of the existing recreational programs at Cane Creek and University Lake, OWASA
Proposals for Hunting on OWASA Property
April 22, 2005
Page 4 of 4
operates these programs at a net loss of approximately $50,000 per year. Waterfowl
hunting at Cane Creek would increase this by 10 to 20 percent.
Wildlife Resources Commission Proposal — The attached table surim- imizes the hunting
programs proposed by WRC for the Cane Creek Reservoir and Mitigation Tract. These
proposals represent substantially more intensive hunting activity on the Mitigation Tract
than previously discussed. It is notable, however, that no firearms would be allowed
under any of these programs without prior issuance of a Special WRC Permit for the
designated dates and hunt opportunities, thus providing a documentary record of all
firearms users permitted on the Mitigation Tract,
OWASA Staff Recommendation
Staff believes that the Board's September 4, 1980 resolution obligates OWASA to
provide an unspecified degree of hunting in accordance with its 404 Permit requirements,
but we recommend that waterfowl hunting not be allowed on the Cane Creek Reservoir.
OWASA is widely recognized for its leadership in source water protection, but we would
rather not depart from what appears to be standard industry practice in North Carolina of
prohibiting hunting on Class I drinking water supply reservoirs. Additionally, we do not
believe that any perceived benefits of waterfowl hunting at Cane Creek would justify the
increase in OWASA operating costs.
We do recommend that some degree of hunting be allowed on the Mitigation Tract in lieu
of waterfowl hunting on the reservoir, and that the Mitigation Tract be enrolled in the
WRC's Gamelands Program, which will greatly improve monitoring, management, and
enforcement activities on that property. Any hunting program on the Mitigation Tract
should be structured in such a way that it would be compatible with low impact passive
recreational use by the general public if such activities are desired in the future.
Please let us know if you need any additional information
Edward A. Holland, AICP
Planning ]director
Attachments
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® North Carolina Wildlife Resources Commission
Richard B Ham on, Executive Director
April 8, 2005
Mr. Ed Kerwin
Executive Director
Orange Water and Sewer Authority
P O Box 366
Carrboro, North Carolina 27510
Dear Mr, Kerwin:
North Carolina Wildlife Resources Commission ( NCWRC) staff have been
working with the Orange Water and Sewer Authority (OWASA) since the summer of
2003 to fulfill the mitigation requirements presented in the US Army Corp of Engineers
404 permit for construction of the Cane Creek Reservoir.
Some of the special conditions of the permit required that public hunting be
allowed on the Cane Creek Reservoir and the 500 acre mitigation tract. The OWASA
Board of Directors approved the mitigation with a resolution in 1980. Further, the
conditions were accepted by then Executive Director of OWASA, Mr, Everett
Billingsley, as evidenced by his signature on the permit, July 22, 1981.
The Wildlife Resources Commission is not satisfied that these mitigation
conditions have been met.
The Commission has regulations in place that will`allow NCWRC to begin a
hunting program beginning this fall on the Cane Creek Reservoir and the 500 acre
mitigation tract. This program will include permit waterfowl hunts on the reservoir;
archery hunting three days per week (September 10 — November 4) on the mitigation
tract; permit muzzle loader hunts after November 5a' on the mitigation tract; small game
hunts after October 15 on the mitigation tract (not to conflict with permit deer hunts); and
permit turkey bunts during the April/May turkey season on the mitigation tract.
These actions will begin to address the mitigation required in the 404 permit.
Since it is the Commission's position that OWASA staff and the QWASA Board
agreed by the terms of the permit to this activity, NCWRC is proceeding with these hunt
program plans.
The Commission will proceed with inclusion of this area in our regulatory digest,
our Game Land map book and our Special Hunting opportunities publication, and are
preparing to post the boundaries of these areas consistent with other game land posting.
Sincerely
Richard B. Hamilton
cc: Wildlife Management, NCWRC
Ms. Jean B. Manuele
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