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HomeMy WebLinkAboutAgenda - 03-19-2002 - 9c 1 ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: March 19, 2002 Action Agenda Item No. — SUBJECT: Proposed Joint Grant Application to NC Clean Water Management Trust Fund – Upper Eno Watershed Protection DEPARTMENT: Environment and Resource PUBLIC HEARING: (Y/N) No Conservation ATTACHMENT(S): INFORMATION CONTACT: Concept Proposal for Grant Application David Stancil, 245-2590 CWMTF Grant Evaluation Guidelines Rich Shaw, 245-2591 Map of Upper Eno Watershed TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane 336-227-2031 PURPOSE: To consider submitting a joint grant application with the Eno River Association to the North Carolina Clean Water Management Trust Fund (CWMTF)for voluntary protection of high priority resource lands in the Upper Eno Watershed. BACKGROUND: In the fall of 2001, ERCD staff and representatives from the Eno River Association (ERA) informally discussed a proposal to submit a joint County-ERA application for funds from the NC Clean Water Management Trust Fund to acquire land (riparian buffers) and conservation easements in the Upper Eno watershed. The objective would be to further protect water quality and wildlife habitat in the critical area of the Upper Eno Protected Watershed. Conserving these lands will help ensure the long-term viability of the Eno River as a public water supply and high-quality habitat for aquatic organisms and other wildlife that exist within the riparian corridor. A secondary purpose is to protect known and potential archaeological sites (historic and prehistoric) that are likely to exist within this corridor. The proposed application would build upon prior County efforts for watershed protection, as well as a previous CWMTF grant to the Eno River Association for identification and prioritization of riparian lands within the Upper Eno Watershed. That project resulted in an Eno River Riparian Corridor Conservation Design (August 2000) prepared by Piedmont Planning Associates. One of the purposes of the CWMTF grant was to assist in the selection of future projects for funding within that watershed. 2 The anticipated timetable for the project would be to a) identify high-priority parcels [March/April 2002], b) contact landowners to discuss landowner interests and conservation options [March/April], c) develop potential conservation strategies for interested landowners [April/May], and d) submit the grant application [June 1]. If the state proceeds with the grant cycle, the awarding of grant would be in October 2002. ERCD staff proposes submitting an application despite the uncertainty of state funding availability to the grant program. Governor Easley recently froze more than $20 million of the CWMTF's $40 million budget to help cover the state's projected $900 million budget shortfall. Thirty-nine grants approved by the CWMTF board in November, 2001 may now be at risk because of the freeze. On February 18, the CWMTF board of trustees announced that grant applications would be accepted for its next funding cycle. The deadline for applications for that cycle is June 1, 2002. The CWMTF board also stipulated that potential grant applicants be made aware that future approvals will be based on availability of funds. As shown on the attached concept proposal, staff and ERA propose a grant submittal for $1 million — using some portion of the Lands Legacy Fund as a match (please see below). It is worth noting that CWMTF grant funds and County matching funds toward this project could serve a dual purpose—acquiring conservation easements on farmland in the watershed, as well as protecting riparian buffers. If grant funds are not awarded for this project, a secondary approach may be to evaluate acquisitions/easements for the highest-priority lands using funds from the County's Lands Legacy Fund (including proposed alternative financing for conservation easements). Acquisition of high-priority lands in the Upper Eno Watershed is identified in the 2001- 2002 Lands Legacy Annual Action Plan. The ERA Board of Directors will meet on March 14 to consider whether ERA would like to proceed with a joint grant application. The ERA's Land and Stewardship Committee is expected to recommend that they support this proposal. FINANCIAL IMPACT: The proposed grant application is expected to be in the range of $1,000,000. The specific dollar amount will depend on the number of landowners express their interest (by June 11) in pursuing a possible conservation agreement on their property. Although no funding match is required, the likelihood of grant approval is greater if significant matching funds are offered. Matching funds for this project in the amount of $300,000 could be available from Orange County Lands Legacy Fund (current pay-as- you-go funds and proposed alternative financing for conservation easements), and potentially augmented by the 2001 County parks and open space bond funds for Lands Legacy. The total project cost would be, therefore, around $1,300,000. RECOMMENDATION(S): The Manager recommends that the Board authorize the joint submittal of a grant application to the NC Clean Water Management Trust Fund prior to the June 1, 2002 deadline. Draft March 11,2002 Conceptual Proposal 3 Joint Orange County/Eno River Association Application NC Clean Water Management Trust Fund Orange County ERCD and the Eno River Association staff propose submitting a joint County-ERA application for funds from the NC Clean Water Management Trust Fund to acquire land (riparian buffers) and conservation easements in the Upper Eno watershed. The objective would be to help protect water quality and wildlife habitat in the critical area of the Upper Eno Protected Watershed'. Conserving these lands would help ensure the long-term viability of the Eno River as a public water supply and high-quality habitat for aquatic organisms and other wildlife that exists within the riparian corridor. A secondary purpose is to protect known and potential archaeological sites (historic and prehistoric)that are likely to exist within this corridor. [Note— the primary objective of the CWMTF is to protect water quality.] Funds to match the CWMTF grant would be available from Orange County Lands Legacy program (perhaps augmented by the 2001 County parks and open space bond). At this time, it is estimated that the application request $1,000,000 in state funds to be matched with $300,000 in local match for a total project cost of$1,300,000. The specific dollar amounts will depend on which landowners express interest (by June 1S) in pursuing a possible conservation agreement on their property. Proposed Timetable: • Seek approval from the ERA Board of Directors and Orange County Board of Commissioners [March 2002] • Identify high-priority parcels using the Eno River Riparian Corridor Conservation Design (August 2000) prepared by Piedmont Planning Associates for the Eno River Association and funded by the CWMTF [March/April 2002] • Develop potential conservation options for high-priority parcels [March/April] • Contact landowners; discuss landowner interests, conservation options and potential conservation/financial benefits; request easement donations or options to purchase [April/May] • Develop more specific conservation strategies for interested landowners [April/May] • Apply for CWMTF by June 1, 2002 [Awards announced by October 2002] • Pursue acquisition/easements with combination of County/CWMTF funds ' Lands within the Upper Eno Protected Watershed (map attached)are subject to an additional layer of subdivision regulations imposed by Orange County to protect existing or potential drinking water rivers and reservoirs (e.g., use limitations,wider stream buffers, density limits, impervious cover limits). Still further restrictions are imposed on lands within the"critical area," defined as lands"One-half mile from the normal pool of Lake Orange, Corporation Lake, and potential reservoir sites on the West Fork or the Upper Eno and Seven Mile Creek, or to the ridgeline of the watershed,whichever is less." VMTF Grant Guidelines http://www.cwmtf.net/guide.html . 4 deanwater MANAGEMENT TRUST FUND - CLEAN WATER MANAGEMENT TRUST FUND (CWMTF) GRANTS GRANT EVALUATION GUIDELINES These guidelines can be downloaded as a Text file (.txt) or a Rich Text File (.rtf). NOTE:Rich Text Format can be used by Microsoft Word or Wordperfect. A. Eligible applicants for CWMTF grants. (a)Any of the following are eligible to receive a grant from CWMTF for the purpose of protecting or enhancing water quality: 1. A State agency 2. A local government or other political subdivision of the state or a combination of such entities. 3. A nonprofit corporation whose primary purpose is the conservation, preservation and restoration of our State's environmental and natural resources. (b)No match is required; however,Trustees may choose to fund projects at less than 100% of the application request. B. CWMTF purposes: (a) Grant monies from CWMTF may be used for any of the following purposes: ■ Acquire land for riparian buffers for environmental protection fo surface waters or urban drinking water supplies, or for establishing a network of greenways for environmental, educational or recreational uses. ■ drinking water supplies. ■ Coordinate with other public programs involved with lands adjoining water bodies to gain the most public benefit while protecting and improving water quality. ■ Restore degraded lands for their ability to protect water quality. ■ Repair failing waste treatment systems: if(i) an application to the Clean water Revolving Loan and Grant Fund has been submitted and denied in the latest review cycle; (ii)repair is for a reasonable remedy to an existing waste treatment problem; and(iii)the repair is not for the purpose of expanding the system to accomodate future anticipated growth of a community. Priority shall be given to economically distressed units of local government. ■ Repair/eliminate failing septic tank systems, to eliminate illegal drainage connections, and to expand waste treatment systems if the system is being expanded as a remedy to eliminate failing septic tank systems or illegal drainage connections. Priority shall be given to economically �f 3 3/4/2002 4:14 PM CWMTF Grant Guidelines http://www.cwmtfnet/guide.html distressed units of local government. 5 • Improve stormwater controls and management • Facilitate planning that targets reductions in surface water pollution. C. CWMTF Objectives and grant application evaluation and prioritization. (a) Grant applications will be quantitatively evaluated upon their contribution toward achieving the principal objectives of the fund: (1)restoration of degraded waters, (2)protection of unpolluted waters, and(3) establishment of riparian buffers. A numeric scoring system will guide the Board and the applicants in prioritizing prospects for funding. The following evaluation and scoring system will be applied to all applications: 1 --Principal Objectives a--Restoration of degraded waters (Point Range: 0-45) as impaired,preferred projects will(1) reduce the pollutant identified as the cause of water quality impairment, (2) restore wetland functions, (3) improve aquatic habitat, and/or(4) restore flood plain functions adjacent to impaired waters). OR b -- Protection of unpolluted waters (Explanation:Protection projects will target specific waters that have not been indentifted by NC-DWQ as impaired;preferred projects will(1) restore or maintain the natural hydrologic flow patterns or other water quality enahncing functions of adjacent lands (e.g. nutrient reduction processes), (2) maintain streambank stabalization reducing potential for sediment erosion, and/or(3) avoid, reduce or eliminate discharge of pollutants). AND/OR c -- Establishment of riparian buffers or greenways (Point Range: 0-10) 2-- Additional priorities a-- Consistency with NC-DWQ Basinwide Management Plan (Point Range: 0-20) (Explanation:In the event that the plan for the subject basin has not been formally adopted, the project should be articulated with reference to the current DWQ draft plan for that basin). Preferred proposals will identify the waters that will be enhanced, restored, or protected by said project. PNAs, Critical Habitats for endangered aquatic species, Water Supply watershed). Proposals should demonstrate integration with other water quality programs or strategies in the sub-basin). b--Provide measurable/enduring outcomes (Point Range: 0-20) c--Provide other resources (Point Range: 0-20) d--Applicant's qualifications (Point Range: 0-10) (Explanation:Preferred applicants will demonstrate: (1) their ability to ensure any long time management required by the project, (2)fiduciary responsibility, (3) likelihood of success for their performance on those projects will be considered. e--Develop riparian buffer greenways serving environmental, educational or recreational uses. (Point Range: 0-10) f-- Target environmentally sensitive waters, including(1)high quality waters (e.g.water supply, ORWs, HQWs etc.), or(2) severely degraded waters (e.g. waters noted on DWQ's 303 (d) list) (Point 2 of 3 3/4/2002 4:14 PM WMTF Grant Guidelines http://www.cwmtfnet/guide.,html . t Range: 0-10) 6 g-- Contribute toward integrated ecological network. (Point Range: 0-5) h-- Employ innovative procedures or techno. (Point Range: 0-5) i--Provide public education uses (Point Range: 0-5) J­Preserve waters having special economic or recreational uses. (Point Range: 0-5) (b)The Board will also be guided by the following non-quantitative criteria in making final funding decisions: 1-- Applications for projects which are mandated by legislation or regulation may be funded but are not preferred. The CWMTF is not available for compensatory mitigation projects. 2-- Projects eligible for funds from other state or federal grant programs will be considered,but will not be preferred unless significant matching resources are provided. 3-- To the extent practicable, grant awards will be distributed geographically across the state. At least 20% of annual allocations will be targeted to each of three geographic regions of the state: mountain, piedmont and coastal. 4-- The scope and benefits of the project will be evaluated relative to the amount of the requested grant: 5--The Board may award grants on a limited basis for(1)projects which facilitate planning that targets reduction in surface water pollution or protection of unpolluted waters; or(2) coordination with other public programs to gain the most public benefit while protecting and improving water quality; even though such applications may not score well on our measures of quantitative criteria above. 6-- The Board may award grants to applicants for projects which the Board finds are uniquely different than the quantitative criteria anticipate and are exceptional opportunities for restoration or preservation. Back to Home of 3 3/4/2002 4:14 PM ,mi;. kuy r � � ! �T7