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HomeMy WebLinkAboutAgenda - 12-04-2000-9bYF ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: December 4, 2000 Action Age da Item No. n -- SUBJECT: Forest Service Contract fior Fiscal Year 2000-01 DEPARTMENT: Budget /Planning PUBLIC HEARING: (Y/N) No ATTACHMENT(S): Agreement for Protection, Development and Improvement of Forest Land in Orange County Memorandum of Understanding 10/26/00 District Forester Letter Future Considerations and Cooperation Forest Practice Guidelines Ac#ivity Report INFORMATION CONTACT: Donna Dean, Budget Director 245-2151 Craig Benedict, Planning Director, 245- 2592 Brad Bowlin Forest Ran er 732-8152 TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane 336-227-2031 PURPOSE: To approve the annual agreement between Orange County and the North Carolina Department of Environment and Natural Resources (DENR) for protection, development, reforestation, management and improvement of forest lands located in the County. BACKGROUND: This agreement, made under authority of Sections 113-54 and 113-59 of the North Carolina General Statutes, provides for continuation of active protection of Orange County forestlands by the NC Forest Service. Responsibilities of the Forest Service and County Forest Ranger include: • controlling forest fires in the County, • detecting and extinguishing fires that break out, • investigating the origin of forest, woodland and field fires, • enforcing State forest fire laws, • taking preventative measures, educational and otherwise, as necessary, to prevent forest fires, • developing and improving forestlands through reforestation, promotion and practice of Forest Management practices, and • protecting forestlands from insects and diseases. Staff from the County and the Forest Service have conferred regularly in recent months regarding areas of collaboration and cooperation that can help bath parties advance their mutual interests in protecting and preserving forestland and the environment, consistent with applicable State and County laws and regulations. The District Forester has written a letter, after consulting with staff of the Department of Environment and Natural Resources, that outlines some of the additional steps that DENR believes are authorized under existing State laws and regulations. Staff has prepared a Memorandum of Understanding (MOU) that incorporates the points from the district forester's letter. The MOU will supplement the annual agreement that has been prepared to lay out procedures for County and Forest Service staff to ensure greater cooperation and understanding about relevant forestry management. The County has indicated a desire to pursue a number of other measures of collaboration, which staff recommends be pursued in additional discussions with DENR as the FY 2001-02 contract is developed (see Future Considerations and Cooperation). For informational purposes, Forest Service staff have prepared the attached activity report of their annual accomplishments. FINANCIAL IMPACT: The State supports 60% of the total Forest Service budget of $141,613. For FY 2000-01, this amount equals $84,968. The County's share is 40 percent of the total, or $56,645. Those funds have been appropriated in the Caunty's 2000-01 approved budget (under the "Miscellaneous" function). RECOMMENDATION (S): The Manager recommends that the Board approve the annual agreement between Orange County and the Narth Carolina Department of Environment and Natural Resources and the accompanying MOU, subject to final review by staff and the County Attorney, and authorize the Chair to sign them.. 2~ STATE OF NORTH CA1~OL]NA Department of .. Environment, 8c Natural Resources . $ 1 613 Total Cvaperative Appropriation $ 8 96$ 0 60'0 State $ S6 .00 40`/0 County AGREEMENT FOR THE PROTECTION, DEVELOPMENT AND Il12PROyEMENT OF FOREST LAND 1N ORANGE COUNTY, NORTH CAROLINA THIS A ,made under authority of "An act to authorize Counties do cooperate with . State in Forest Protection, Reforestation and promotion of Forest M.anagemeny" (Section 1 I3-59 of the general Statutes of North Carolina -1943), and also under authority of another Section of the General Statutes, namely Section 113-54, by the North Carolina Department of Environment & Natural Resources (hereinafter Called the DeparGment), party of the first part, and the Board of Commissioners of ORANGE COUIVIY' in the State of North Carolina (hereinafter called the Board), party of the second part, witnesseth: That WHEREAS the said Board, recogniziing the need for active forest protection, development, reforestatioq management and improvement in ORANGE COUNTY, has accepted the offer of the Department for cooperation in accomplishing this abject: Now TI~REFORE, in consideration of the mutual coveQau~ hereinafter set forth, the said parties contract and agree to maintain a legally appointed and equipped Forest Ranger organization in said county at the joint cost of the State and County, insofar as the joint funds will permit, as follows: Part I. THE DEPARTMENT AGREES: 1. To select, employ aad appoint, after consultation with the Board, a County Forester or County Forest Ranger for the purposes of controlling forest fires in said County; far detecting and extinguishing fires that break out; for investigating the origin of forest, woodland and field fires; for enforcing State forest fire laws; for taking such prev®tative measures, educational~and otherwise, as sha11 seem necessary m prevent forest fires; far developing and improving the forests through reforestatiott promotion and practice of Forest Management practices; and for protection from insects and diseases. 3 2. ~' ~To furnish to each Forester yr Forest Ranger sa employed a badge of ofFice, stationery and report forms, instructional posters for use in the County, leaflets for distributing to ' landowners. and others; to purchase necessary equipment, comrnunicatiaa systems, and other Forestry improvements deemed necessary insofar as the joint funds will permit. ~ ~ ~ . 3. ~ ~ To pay the Forester ar Forest Ranger for all official services rendered, at a fair rate of pay. Rates of pay are to, be established by the Department in accord with existing State salary schedules. ~ ~ ~ ~ ~ ~ . ~ . ~~ . ,4~ To direct supervise, instruct; and inspect, through its agents, the,~work and , conduce of the Forester yr Forest Raag~r, to discipline aAd, when necessary, discharge such Forester or Forest: Ranger. ~ ~ ' 5. To submit to the Board of Ccammissioners monthly (or at ather~mutually satisfactory intervals) an itemized stat~errt of all monies to be paid by the County and those paid by the Department for proper conduct of tla.e work within said County. ~ ~ ~ . . .,. . 6. ~ ~ To make available annually from State, Federal, and other funds allotted to it, the . . sum of Eighty-faun thousand nine hundred ~siaty-eight dallaxs (584,968.00); .as its, share of . as annual budget of $141,613.00 for carrying the work~in said County. •. ~ ~ ' Part II.~ THE BOARD AGREES: ~ . ~ ~ . 1. To pay to the Department 409ro of the fetal cost of the Forester ar Forest hanger . salaries and expenses and of Ather groper expenditures made in connection with the aver-all Forestry program in~ said County, upon 'receipt and cansequent.apprvval of the periodic ~ ~ ~ . statements submitted by the Department". ~ . ~ ~ ~ . . Z. To appropriate annually, the sum of~Fifty-sin thousand sin hundred ~farty-five dollars (556,645.00) which sum shall be available for expenditure under the terms of this Agreement, and shall represent the Cauttty's •share of the anmial budget" ~ ~ , ~ . Part III. ~ ~ TT IS EXPRESSLY AGREED AND UNDERSTOOD~BY BOTH PARTIES: ~ ,' X. That this Agre~raent becomes effective July 1, 2000 2. ~ That the annual appropriations as set forth above maybe revised by mutual ;' agreement between the Department and; the Board, based on the amount of animal appropriation ~ ~, desirable for the proper conduct of the, Forestry work, such revision to become effective at the beginning of a given~Fiscal Year: Any unused balance of County funds remaining~at the end of a Fiscal Year shall revert to ~said~County unless otherwise mutually agreed upon by both parties. :3. ~ 'That the Board: reimburse the Deparkrnent as provided in Part II, Item 1, by _ . forwarding a county voucher.drawn in favor ofthe Department for the amount of the County's ~ . . share of expenditures.as set forth in the,Department's periodic statement tp the Boazd. That.such payments be made by the Board within ~thiriy days following receipt of the Department's billing. ~. 4. ~ That title to all improvements and equipment pwchased and/or constructed in connection with this agreement,will rest with the Department; such materials or their equivalent will reanain in the County as long as this agreement is in effect, or as long as they are needed by the Department for the proper conduct of the work therein. ~ ~ . 5. That the Forester ar Forest Ranger periodically ar at the request of the Board, shall present to the Board statements of the work being done within the County, sa that said Board maybe fully informed at the times regarding the For~r}r finances and activities within the County. - W WITNESS WF~REOF, the said parties do hereuntc a~x their names and seals upon the date herein below specified. For the Baard of County Commissioners of ORANGE COUNTY. Daze Chairman Provisions for the payment of the monies to fall due under this Agreement have beau made by appropriation duly made ar by bonds or notes duly authorized, as required by the "County Fiscal Control Act." Daze Caunty Finance Qfficer For the North Carolina Department of Environment & Natural Resources Daze - Signature 4 DIRECTO s ORANGE COUNTY NORTH CAROLINA MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is entered into this day of , 2000, by and between Orange County and the North Carolina Forest Service (hereinafter called the Forest Service). WHEREAS, Orange County and the Forest Service have recognized the need to work together to ensure greater cooperation and understanding, of our mutual interests in the natural resources of Orange County. NOW, .THEREFORE, the parties to this memorandum hereby agree as follows: Section 1. Current Cooperation 1- Normal Logging Operation Information The Forest Service will provide a courtesy copy to Orange County Planning and Inspections of logging operations within the Forest Service authority: (North Carolina law does not require the notification of the Forest Service of logging operations on private property.) Form 4808 is currently completed by the Forest Ranger for each known operation: a. location (identified by latitude/longitude coordinates) b. landowner property map and acreage c. logger d. streams identified on Soil Survey maps and USGS quads (both blue line and intermittent streams) e. river basins f. type of activity • clearcut • selective g. inspection results h. reforestation plans 2- Non-woodland Purpose The Forest Service will notify Orange County Planning and Inspections if Forest Service is called to a~reported logging operation and finds that it is a development operation. Forest Service considers harvesting activities to be a development operation if the timber is being harvested for the purpose of clearing the-woodland for a future non-woodland purpose. 6 3- Out of Compliance Logging Operations The Forest Service and Orange County Planning and Inspections will fallow the following process for County Jurisdiction over logging operations on private property: a. The Forest Service will work with landowners and loggers on logging operations that are not for future development and are out of compliance with current approved Forest Management practices. b. Forest Service is required by Policy, Regulations, and Memorandum of Understanding to refer directly to the appropriate Division (Water Quality, Land Resources, etc) if we are unable to bring a forestry operation into compliance with Forest Practice Guidelines (FPG). • In these cases, a courtesy copy of this notification will be sent to Orange County Planning and Inspections. 4- Forest Management Plan In all cases where a Forest Management Plan written by DFR is on file with the Forest Service, copies and reviews of these plans shall be available to Orange County staff upon request. IN WITNESS WHEREOF, the said parties do hereunto affix their names and seals upon the date herein below specified. Far the Boazd of County Commissioners of ORANGE COUNTY, Date Chair For the North Carolina Department of. Environment and Natural Resources, Date Signature DIRECTOR NORTH CAROLINA DEPARTMENT OF ENl/IRONMENT AND NATURAL RESOURCES DIVISION OF' FOREST RE$OURCi~S 3314 NC 86 5outla Hillsborough, NC 27278-8711 October 26, 2000 Mr. john Lick Orange County Manager P. O..Box 81$1 Hillsborough, NC 27278 Dear Mr. Link: . County Ranger Brad Bowling forwarded to me a proposed "Memorandum of Understanding" that Ora~age County Commissioners had requested that we the Division of Forest Resources, agree too. There were a number of items that we could not comply with, because of Department Regulations and/or lack of resources on our part. However, there are also many things that were listed is the proposed "Memorandum of Understanding' that we would be able to do. The North Carolina Divisions of Forest Resources' Mrssion is "to develop, protect, and. manage the ~ multiple resources of North Carolina's forests through professional stewardship, enharsdng the quality of life for our citizens while ensuring the continuity of these vital resources." . Our organization fulfils this mission by working with individual Landowners. We assist those landowners: 1. In the protection, management, and development of their woodland. 2. In assisting in the proper harvesting of their woodland. . 3. In the protection of the water quaffty of any .water bodies located in ar near their 1~~~'• 4. Iu the improvemerst or development of their woodland for wildlife, recreation, or other multiple uses. . - - - . , . (D y) inspects known logging. operations to ensure that ~e~-..~~`~vioo ~~actice Vuitielines~~~'G); -~fle ~ni+a~"wrt`~"lhe responsi"ti~e `-~~-~-.T~..-"'.: parties to bring them into compliance if they are in non-compliance. A Form 4808 is completed upon the completion of our inspections: A courtesy copy will be sent to the County's designated recipient if you wiIl advise us as to whom you would like this to be sent. We will also notify your designated recipient if we are called to a reported logging operation and find that it is a development operation. We consider harvesting activities m be a developmem operation if the timber is bring harvested for the purpo~ of clearing the woodland for a fixture non-woodland purpose. . We are required by Policy, Regulaiioms, and Memorandum of Undnd ~ ro der directly to the appropriate Division (Water Quality, Land Resources, etc.) if we are unable to bring a forestry operation into compliance with FPG. We will send your designated recipient a courtesy copy at that time. We also check other operations, not just harvesting operations, i.e. mechanical site preparation. We don't assign blame to logger, but work with any and all parties as needed to mitigate potential violations, and we refer non-compliant tracts to other agencies, not landowners, loggers, etc. • 8 Copies of Forest Management Plans written by the DFR for landowners in Orange County can be obtained or viewed by contacting the District D$ce at 3314 NC 86 South, Hillsborough, NC 27278. The DFR is willing to meet with any of the agencies ~ wuniq perso~el to discuss any mutual concerns. This can be done on a sched~~led time or as needed. I hope the above will meet the request of the ppri~mi¢cicme,~S. Ora organization and the conuni~ioners have rod a good working relationship in the past and it is our desire that this should continue. Please contact me if you have any questions or X can be of airy service. Sincerely yours, James T. Ellis, RF 028 District Forester ccRegional Forester Mme Hendricks December 2000 ~ Division of Forest Resources (DFR) and Orange County Outline of Issues to be discussed prior to 2001- 2002 contract renewal Future Considerations and Cooperation 1- The Orange County Planning and Inspections staff shall conduct meetings between Forestry and Orange County staff (Planning and Inspections, Environment Resource Conservation Department, Tax Office) to discuss impacts of various state, federal and local regulations as they become effective. 2- The Forest Service and Orange County staff shall relate all Best Management Practices and other pertinent rules to applicant/logger/owner. a. Special attention shall be brought to: • National Pollutant Discharge Elimination Systems Phase II, • Neuse River rules (as they apply to forestry and as they apply to development, or a change of use for logged property within 5 years), and • Soil Erosion and Sedimentation Control Ordinance. 3- Open burning permits that maybe administered by Orange County: a. address Cade Orange, Red and Puxple Air Quality Days, b. address open burning that is conducted for development purposes, and c. address the Forest Service Smoke Management Guidelines. 4- Any future Orange County Open Burning Ordinance may address the differences between open burning for development by licensed contractor, and harneawner/private property owner yard burning. 5- Any future Orange County Notification of Logging Operations regulations may place notification requirements under county jurisdiction for logging operations. 6- Cost Share options for logging operations on private property may. include: a. replanting assistance under state and county programs, and b. compensation for request far logging to leave 100' from future r/w line for possible future development. c. identification of natural areas through use of ERCD GIS maps for preservation through purchase of timber rights. 7- A Forestry Symposium (CFE) as conducted iri Fa112000 coordinated between the Orange County Environment Resource Conservation Department and the Forest Service. S- Legislative Goals 1 December 2000 ~~ 9- Environmental Concerns a. Roadside tree buffers for sound and air quality. b. Timber staging area to be reviewed for line-of sight visibility, erosion control/ soil stabilization, and properly constructed gravel entrance to limit tracking of sediment onto public roads. c. Clean-up of site completed at end of logging to prevent rodent infestation and fire hazards. North Carolina Division of Forest Resources FO1~.EST PRACTICES GUIDELINES _ RELATED TO 'PVATER QUALITY . -SUMMARY OF PERFORMANCE STANDARDS- 5TREAMSIDE MANAGEMENT ZONE (SMZ) -Must establish SMZ along natural, intramittent and perennial streams and water bodies. {Not required along man-made ditches and canals, although erosion protection is needed). -Must have sufficient width and adequaoe ground cover to confine visible sediment. ([Jsually it is best to protect the ezisamg natural ground cover). -Place toads, trails and decks outside of SMZ. -Limited cutting (harvesting) is permitted within the SMZ. *PROHIBITION OF DEBRIS ENTERING STREAMS -Prevent debris (logging slash, sail) of all types from entering inrezxttitteat and perennial streams and waterbodies which may result in stttram obstrttctian, impediment of stream flow, ar water quality degradation. Remove debris that accidetually enter; streams. ACCESS ROAD AND SKID TRAIL STREAM CROSSINGS -Avoid crossing streams where possible. -Avoid using stream channels as roads or, trails; -Construct crossings to minimize sediment entering streams. -Protect"stream basics and cltaannels from damage. ~ . _ _ . _ .. _ . -Provide water cotttml devices and/or structures and, within 10 watldng days of initial disturbance, provide ground cover sufficient to restrain accelerated erosion and prevent stream sedimeatadaa *AC~E'~S ROAD ENTRANCE . -Prevent soil aad debris Elam being deposited on public highways which_may result in stream sedimentation. *KEEP WASTE FROM ENTERING STREAMS, WATERBODIES AND GROUNDWATER -Prevent oil, fuels, fertilizers and other chemical waste froth entering streams, wate~bodies and groundwater. 12 { *PESTTCIDE APPLICATION - ~ -Application must follow labeling and N.C. Pesticides Board rules. Includes insectiades, fungicides, herbicides, and rodGndcides. ~ . *FERTILIZER APPLICATION Apply is n manner co prevent adverse impacts an water quality. . *STREAM TEMPERATURE RCSSItI Shade suf6Ciettt to preYCnt temperattue flne~n»t~,,,,r~ne which result in a Violation. REIiABII.ITATION OF PROJECT SITE W~~ 30 working days after ceasing operations. provide sedimentation r.onnnl measttrCS to prevent stream water quality e Permanently stabilize SMZ areas and other areas that may directly contribute visible sediment to streams Note: Forest owners, managers and forest operatidrs who adhere to these Performance Standards by applying foresny Best Managemeat Practices, will retain their foresuy exemption as provided'by the N.C. Sedimetuation Pollution Control Act. References: "N.C. Forest Practices Guidelines Related to X~Vatrr Quality" . "Forestry Best Management Practices Manual" •These-standards or rules are not new. 'ibey have bean required for tt-e last several years. ... ~ • ~ •. FOREST . SERVICE - NC 1,500 ,copies of~ this public document were reprinted at a cost of $24 or $0.02 per copy. 13 As per Division policy we are xocluired to submit a~summary of accomplishments annually to the County Commissioners fair their review. Listed in this memorandum are these aCCat]1pliShQl~IIts. ~ ' Overview The NC Forest Service is a state egency that o~p~ates in the depargn~t of Envimament, and Natural F.esaurces. Each county organization is funded with both state and county funds 6U°!a and. 40% resp~tively The County Ranger is responsible for all of the Forest Service activities in his or her assigned . county: Each year with input from the bistrict Forester a county Plan, along with specific tasks and gals is assigned., Beside the County ltaager there is an Assistanut County Ranger, a forest fire fighting e~quipme~at ageraaar, and. a service Forester tlmt works in the county. Fire control 51- Resorted wildfiires ttrst control action was takes Only. 4$.7 acres burned, 94-~S~br~wtcres threatened or saved with an estimated value of 7.9 million c~ly 2 structures damaged ar lost with far a total of $18,050. 24 warning tickets 30--- That a respat-sible party was deteamined . 1--- warrant and subsequem court case 1151 Burning permits issued 1 30 acre hazard reduction burn Investigations of illegal burning .Two week tour in Florida an fire control with Southeast Compact 21-five prevention programs in our public Schools . Forest ma~.~e~nent 50-~-mauagemeat pleas 1725 acres 2~---refearals to private Foresters 846 acres forest establiabmetrt . b5- acres mechm~icai site prep for tree planting 147--acres of burning for site preparation far tree plaratiag. ' ~ . 28 --acres chemical and burn for site prepa~ratian 20 acre aattiu~al regeneration of a desired species 33---tracts quality cantnil for tree pleating, and herbicide application for a total of 854 acres 32--tracts acreage determination far tree planting, cheatzmic~l application, fire lines, 826 l 10-- requests for urban advice (yard trees) . 30-water Quality aaspecxiaas on logging jobs, aad~reforestatioa jobs. 1037 acres. 1--~+iolatiaa 12b acres. 3~--referrals to I?ivisioa of Watea Quality ar laud resources z;l-~-es~.vironmental school programs ~ ~ ~ ~ ~ . 2-all daypmgrams~Faa~th walk and enviranme~,tal days G--~-newspaper articles-dire Control and Fa~est Management 2 TV interviews ~ ~ . 6~--~~Civic pmgrams=Scouts ~~ . - ~ ~ . . l~-Parade (Christmas) face plow; Smokey, and.a pick up Information .a~ad Education Training i~ We hold valid h®rbicide applicators li to be able to recamme~nd the best products and . . applications of industrial herbiados: ~ ~ ~ ~ , Region 2 fire school Strategy and tactics Taught Incident Ca®m,and System ~ ~ ~. Urban fare~try l week $41,842.00 Government cost ~slmres ice to orange county laadow~aers. ~ ~ . , . Mis~cei~.a~neouS ~~ Hurricai-e Floyd ~ ~ ~ ~ ~ ~. ~ ~ ~ ~ ~ ~ . ~ Em~ig~Y Managements meedngs Responded to Rocky Mount and Enfield far .flood detail ~ ~ , ~ ~ ~ ~ - Snow StArtn 2000 ~ ~ . 5 days in orange County with 3 lialldau~s'to pull tractor trailer ~ that were stuck on the . intearstate highways Both. ISO ~ and i-SS and plow snow oa city sttoers~ of ~barough and Chapel Hill. Plowed saaw oa Ena~ 1VfDtmtain~ t~ clear the road to the communicationstower. = ~: Plowed snow an steep stt~s is ~ complexes in Carabox^o so Emezgen-cy vehiclen could get in these. ~ . Sever thunderstorm, is May 4 trucks wixh.chain~saw crev~-s ~ ~ ' - ~ ~ ' Florida fires in 3une ~ ~ ~ ~ . ~ ~ - 2 weeks in Wa1do,Alochna counties ~ . ~ ~ - .. ~ ~ . Equipment maintenance and repair (we install our own radios and slip~n units. .