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HomeMy WebLinkAboutAgenda - 10-14-2008 - late 2ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: .October 14, 2008 Action Agenda Item No. c~ SUBJECT: Lands Legacy Action Plan for FY 2008-10 DEPARTMENT: Environment and Resource PUBLIC HEARING: (Y/N) No Conservation ATTACHMENT(S): Draft Annual Action Plan 2008-10 INFORMATION CONTACT: Map of Proposed Priority Areas David Stancil, 245-2590 Acquisitions to Date (Appendix 1) Rich Shaw, 245-2591 Nature Preserves (Appendix 2) NC Mountains-to-Sea Trail (Appendix 3) Jordan Lake Nutrient Trading (Appendix 4) Status of Funding Sources (Appendix 5) PURPOSE: To consider the draft Lands Legacy Action Plan for the upcoming two fiscal years (2008-09 and 2009-10). BACKGROUND: The Board of Commissioners adopted the Lands Legacy Program in April 2000. Through this program, Orange County seeks to protect its most critical natural and cultural resources through a variety of voluntary means. Since 2000, the County has acquired 2,417 acres for a variety of parks or conservation purposes such as new parklands, nature preserves, conservation easements on farmland and natural lands, cultural resources, and watershed buffer lands. The County has also participated in the acquisition or protection of an additional 1,307 acres by other partners during this same timeframe: Many of the projects are accomplished in partnership with other conservation entities, including the Triangle Land Conservancy, Orange Water & Sewer Authority, Eno River Association, USDA and the Orange Soil and Water Conservation District, and adjoining local governments. The Lands Legacy Program is made operational each two years by adoption of a two-year. Action Plan. The 2008-2010 Action Plan reflects acquisition priorities for the 24-month period beginning July 1, 2008 and ending June 30, 2010. Since FY 2008-09 fiscal is already underway, some of the priorities listed in the plan are already familiar to the Board such as the acquisition of a new Bingham Township Park. Other projects are multi-year projects that are repeated from the previous action plan. Finally, as is the case with each Action Plan, some new potential projects are offered for the Board's consideration. As in years past, the draft plan was developed with input from citizen advisory boards (listed with their areas of expertise in parentheses): Commission for the Environment (natural areas, prime forest, riparian buffers), Agricultural Preservation Board (farmland preservation), Historic Preservation Board (historic and cultural resources) and the Recreation and Parks Advisory Council (parklands). 2 Highlights of the 2008-10 Action Plan are shown on the table on pages 8-10 (and illustrated in general on the map at the end of the document), and include: - Acquire land for a future Bingham Township park, working with OWASA if feasible; - Continue to acquire portions of Natural Heritage sites and water quality critical lands for additions to the Seven Mile Creek Preserve; - Acquire unprotected portions of Natural Heritage sites of national or state significance (Meadow Flats, Currie Hill, Mason Farm Oak-Hickory Forest) with other partners; - Continue to acquire agricultural conservation easements from willing farmers to protect prime farmland in water supply watersheds (with state and federal matching funds); - Work with landowners interested in granting conservation easements in the Halls Mill historic area along the Eno River; - Protect riparian buffers in Upper Eno watershed.; apply for grants to offset County costs A list of the accomplishments of the Lands Legacy Program over the first eight years of the program is provided as Appendix 1 (including a map of those sites). Three issue papers are attached (Appendices 2, 3 and 4) that reflect policy topics that staff would like to bring to the Board's attention. Direction on some topics, such as the Mountains-to-Sea Trail and potential Upper Eno Nature Preserve, would be instructive to staff. Research on these issues is ongoing for further discussion with the Board at a later date. Finally, the status of funding sources is provided as Appendix 5. FINANCIAL IMPACT: Funds towards priority projects over the two fiscal years (2008-10) are present in the CIP (as both existing year and programmed future year expenditures). These include appropriations from the Lands Legacy Fund (2001 Parks and Open Space bonds), Conservation Easements Fund (Board-approved financing for conservation easements), and the Lands Legacy Opportunities Fund (pay-as-you-go funding). Where identified, the proposed funding source is listed in the attached Action Plan. For many projects ERCD seeks grant funds from a variety of state and federal sources. Thus far Orange County has received 11 grants totaling $4.1 million for the acquisition of lands through the Lands Legacy Program. In some cases, such as conservation easements and potential new projects, adequate funding may not exist to accomplish all of the proposed projects, necessitating further prioritization and/or additional funding in future years. Final decisions on funding for land acquisitions are made by the Board on a project-by- project basis, as potential purchases are presented for approval. As in previous acquisitions, in each case separate project budgets with specific funding streams and amounts will be addressed at the time of purchase approval. RECOMMENDATION(S): The Manager recommends the Board: a) Receive the draft Lands Legacy Program Action Plan for fiscal years 2008-2010 and provide feedback to staff for further refinement and adoption.. The revised plan would be placed on an upcoming agenda for formal approval; and b) Consider the issue papers presented, and provide guidance to Staff for further consideration and prioritization, as desired. a n s a cy r ra i (For the period Ju/y 1, 2008 -.tune 30, 2010) ®range Count)r Environment anti Resource Consereration ®epartment P.O. Box 8181, Hillsborough, NC 27278 919/245-2590 ~. Sign near future Hollow Rock Access Area on New Hope Creek (R. Shaw) Draft Introduction The Lands Legacy Program was adopted by Orange County in April 2000. Administered by the Environment and Resource Conservation Department (ERCD), the program's mission is to help protect the county's most important natural and cultural resource lands before they are damaged or lost to incompatible development activities. The program is guided by an Action P/an developed by ERCD and adopted by the Board of Commissioners. The first Action Plan was aone-year plan adopted in May 2001. The now biannual Action Plan guides Lands Legacy acquisitions and protection for the specified years. The process of developing the Action Plan begins with staff identifying potential projects and asking the Board for initial guidance. Staff then meets with advisory boards for their input on development of priorities for the upcoming years. Using the advisory board recommendations, adraft Plan is presented to the Board of Commissioners for their consideration and input. The Action Plan is finalized in conjunction with the CIP process. The following is an Action Plan for the fiscal years 2006-2008. The Action Plan contains goals, a summary of advisory board comments, specific action objectives, and a priority list of land acquisition and protection projects for the coming two years. Also attached is a brief Performance Table ~ for the first eight years of the Lands Legacy Program (2000-2008) (See Appendix 1). (Note: P/ans to continue fo pursue grant funding for County projects are implicit.) 1. Upper Eno and Upper New Hope Riparian Buffers: Continue to protect riparian buffers in the Upper Eno River watershed critical area (including additions to Seven Mile Creek Preserve) and the Upper New Hope Creek watershed. 2. Faucette Mill and Hall's Mill Historic Areas: Continue efforts to protect archaeological resources associated with the former Faucette Mill and Hall's Mill sites. 3. Agricultural Conservation Easements: Continue working with willing sellers (and partner entities) to acquire agricultural conservation easements in priority watersheds with assistance from the state and federal grant programs. 4. Bingham Township Park: Complete the land acquisition for a future community park in the White Cross area (Bingham Township)-the last remaining park .site identified in the 1988 Master Recreation and Parks Plan. 5. Natural Areas and Prime Forests: Protect the highest priority natural areas and prime forests identified in the Orange County Inventory of Natural Areas and Wi/dlife Habitat (2004 update) and the Landscape with Wildlife reports (1997-99). Begin to structure these areas within a framework of nature preserves, where possible. For the period Ju/y ~, ZOOS -.7une 30, 20.10 Lands Legacy Action Plan 2008-10 Draft 6. Joint Town/County Open Space: Continue collaborating with the towns and other entities in acquiring land for establishing or expanding rustic trails or greenways identified in town plans that tie together important County-wide open spaces. 7. Natural Areas on University-owned Lands: Continue working with University of North Carolina and Duke University on the protection of natural Areas on university- owned lands through various voluntary means. A. Commission for the Environment (CfE) Continue efforts to protect highly significant natural areas/wildlife habitat within Jordan Lake Macrosite (e.g., Mason Farm Oak-Hickory Forest), Seven Mile Creek (e.g., Sevenmile Creek Sugar Maple Bottoms), Upper Eno riparian buffers, Upper Bolin Creek corridor, Morgan Creek Bluffs, Meadow Flats, and Currie Hill. Pursue new opportunities to protect key portion of Crawford Mountain (Cane Creek Slopes) and the Upper Morgan Creek corridor. Agricultural Preservation hoard (APB) Continue County funding of the purchase of agricultural conservation easements from willing landowners-especially for farmland in areas near the municipalities that are most likely to be lost to development pressure in the next five to ten years. Pursue marching grant funds from the new NC Agricultural Development and Farmland Preservation Trust Fund. Consider adding a provision to new easements that would require landowners that are no longer interested or able to farm themselves to make their land available for lease to other farmers, thereby keeping those lands in active production. 'C. Recreation and Parks Advisory Council (RPAC) Complete the acquisition of land for a future community park ("White Cross Park's in Bingham Township-the final park site recommended in the Orange County Master Recreation & Parks Plan (1988). Moreover, RPAC supports land acquisition (fee simple or easements) needed for linking existing and planned recreational trail corridors (i.e., greenways) identified in adopted plans for the New Hope Creek Corridor, the NC Mountains to Sea Trail, the Haw River Trail, and the Town of Hillsborough's plans for greenways along the Eno River (Riverwalk) and Cates Creek. D. Historic Preservation Commission (HPC) The HPC would like to explore the potential for the County purchase of sites where the focus would be to protect or preserve buildings with historical or architectural significance. Otherwise, continue efforts to acquire conservation easements to protect important cultural and/or archaeological resources in the Hall's Mill and Faucette's Mill communities (particularly Halls Mill dam site and ruins), along the New Hope Creek corridor (possible Native American 2 Lands Legacy Action Plan 2008-10 Draft communities), the McGowan Creek corridor (mill site and tobacco plug factory), and ammunition bunkers near Smith Level Road. Protect "heritage corridors" with both cultural and scenic value (e.g., ~St. Mary's Road). Establish an "archaeology emergency fund" for unanticipated costs associated with surveying or protecting archaeological sites and/or historic roadbeds. Acquire sites with historic structures so long as those structures are appropriately preserved and maintained. Toward that end, the HPC recommends establishing a budget line item for costs associated with preserving historic structures on acquired properties. The. following. are more specific acquisition objectives developed from existing plans, discussions with land conservation partners- in some cases expanding upon or refining advisory board recommendations. These are not listed in priority order. A. Natural Areas and Wildlife Habitat • Work with partners to protect (through acquisition or other means) the higher priority Natural Areas as identified in the Inventory of Natural Areas and Wi/d/ife Habitat (2004 update), including Mason Farm Oak-Hickory Forest, Meadow Flats, Currie Hill, University Lake Slopes, and Morgan Creek Bluffs • Protect the highest priority prime forest areas identified in A Landscape With Wi/d/ife: Part 2 (Wiley, Ludington and Hall, 1999) • Work with the Eno River Association and others to protect (through acquisition and other means) critical land for the Seven Mile Creek Preserve, including Sevenmile Creek Sugar Maple Bottoms • Work with the Eno River Association and others to protect (through acquisition and other means) other priority riparian lands and upland habitats in the Upper Eno River watershed critical area and lands adjacent to Eno River State Park • Work with Triangle Land Conservancy and others to protect (through acquisition and other means) priority riparian lands and prime forest lands located in the Upper New Hope Creek watershed in central Orange County • Work with the Town of Carrboro, University of NC and the Friends of Bolin Creek to identify priority lands far potential protection (through acquisition and other means) the headwater section of the Bolin Creek corridor B. Farmland Preservation • Work with the Orange MRCS/Soil and Water District and OWASA to identify and prioritize willing seller(s) and donor(s) of conservation easements. (Where possible, build a critical mass of protected lands in these watersheds.) • Preserve farmland that also contains riparian buffers to help meet multiple conservation objectives (i.e., water supply protection, wildlife habitat) in the Cane Creek, Upper Eno, University Lake, Little River and Back Creek watersheds • Work with the Orange NRCS/Soil and Water District to apply for grants from the NC Agricultural Development & Farmland Preservation Trust Fund and 3 Lands Legacy Action Plan 2008-10 Draft federal Farm & Ranch Land Protection Program for purchasing agricultural conservation easements C. Parklands and Open Space • Acquire land for the future Bingham community park ("White Cross Park's • Acquire key °missing link" properties for proposed Northern Chapel Hill Township Rustic Woodland Trail (linking Chapel Hill/Carrboro/County parks with the New Hope Creek corridor, including Duke Forest, and eventually Eno River State Park) • Identify key parcels needed for a combination public .pedestrian trail and wildlife corridor that would connect Occoneechee Mountain to the Cane Creek reservoir for the proposed NC Mountains to Sea Trail • In all acquisitions, be cognizant of the potential for meeting other objectives of protecting riparian buffers, natural areas and historic/archaeological sites D. Cultural and Archaeological Sites • Continue working with landowners in the Faucette's Mill and Hall's Mill areas to protect the combination of historic and natural features in those communities • Conduct archaeological surveys of county properties that were acquired for future parks and nature preserves (e.g., McGowan Creek Preserve, Seven Mile Creek Preserve, Hillhouse Park, Northeast Park) • Work with the HPC and others to accomplish preservation of cultural and archaeological sites associated with land acquisition projects E. Watershed Riparian Buffers • Protect riparian corridors in the Upper Eno River protected watershed; partner with the Eno River Association and others; pursue grant funds from the NC Clean Water Management Trust Fund, Ecosystem Enhancement Program, 'and Upper Neuse Clean Water Initiative • Identify and protect priority areas in the Little River watershed; partner with the Eno River Association and Triangle Land Conservancy where appropriate; pursue grant funds from the Upper Neuse Clean Water Initiative • Identify and protect priority areas in New Hope Creek corridor; work with New Hope Creek Corridor Advisory Committee and the Triangle Land Conservancy • Identify priority areas for protection in the Morgan Creek corridor in cooperation with the Morgan Creek Valley Alliance and others • Identify priority areas for protection in the Bolin Creek corridor; collaborate with Friends of Bolin Creek, the Town of Carrboro, the University of NC, and others • Preserve riparian buffers in other water supply watersheds through parkland acquisitions and agricultural conservation easement projects 4 ~ y o ~ ~ y ~ R, ~ ~ ° o ' ° 'er ~~ o -~ ~ ~P, bu~ ' ~ v~ r +~ ~ ~ E . .~ ~ ~ ~' ~ O ~ ~ cad y + ~ ~ O ~ ~ ~ bA V w ~ O O . 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In addition to specific acquisition objectives, the following actions and strategies will be pursued to facilitate long-term land conservation: 1. Explore the potential for establishing and managing a system of larger Orange County Nature Preserves, including an Upper Eno Preserve and an expanded New Hope Preserve. (See Appendix 2) , 2. Work with advisory boards and other farm service agencies to complete a Countywide Farmland Protection Plan for possible incorporation as part of the Lands Legacy Program. 3. Explore the potential for establishing an Orange County Land Trust or Open Space Authority as envisioned by the Lands Legacy program document. 4. Identifying key parcels for the proposed NC Mountains to Sea Trail corridor between Occoneechee Mountain and the Haw River. (See Appendix 3) 5. Explore opportunities for partnerships with municipalities to implement new rules to address nutrient loading in Jordan Lake. (See Appendix 4) 6. Re-convene the Orange County Land Conservation Alliance 7. Continue outreach with civic organizations, neighborhood groups, and others to discuss the Lands Legacy Program and conservation options. 8. Compile land acquisition inquiries and potential opportunities from landowners and other partners, and present to the Board's for direction on whether to pursue acquisition. The first eight years of the Lands Legacy Program saw tremendous strides in the protection of priority resource lands, with 2,416 acres permanently protected (as of June 2008) and several more projects in the works. The FY 2008-10 Action Plan builds on projects from previous years, and includes potential new projects in each of the Lands Legacy priority areas (natural areas, parkland, cultural/ historic resources, prime farmland and riparian buffers in potential wildlife corridors and public water supply watersheds. 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Flaoso meat errors, 77 p i avicrosstnrtnvsmtho Enwmmord& i' ~ ~~~ ~ .- t i ~~~• ~ ~~ ~ i''Z~ ~ (.~(! p/ '{~,~v ~/,1~ Rn~aco Corcavm~a~ oepmtrr~a~t. ~ ~ 5 ,~ , a ~- tr7 ~~ A '~ l a~ 3 Y, k ~~ ~c ~ ~~' ~ ~ ~ ~ -; ~ I ' ` ~ ~ ~ ~ - ~' l '~ F~ I Orange County ~k ~ ~RR~O~`~'~~: ~ 'tr Environment 8~ Resource ,~ ~~ ~ j i- ~; 1~, ~t .~` ~ "(j ~ -i ~ ~,i Conservation Department ~ ' %` ~ i ~' ; ~: i~; '1, ~ L ~ ~:%`~; ~ ~~ _ 306-A Revere Road ` ~ i ,%~ ~ ~ t' , ~ i ~ ~ ~~ ~ ~ ', Hillsborough, NC 27278 r } r ~ ~~. r ! ` - 1 ~ ~ ' ~~ t ~ , ~ 1 11 '' r~ ' °_ ~ ~ ~ c /r`` --~ , ' PH (919) 24~r2590 ~ ~~=~ - - - ~ 'r ~ ~ _ i _~-, r , , ~ ~ ~~1, °~ ~ ~ ~ -~ ~~ ~ i _ ~ ' ~ ~ October 6, 2008 ~ -- '---_ ~-~ 1 i ~. ~ _ ~ C~ , ~ i, . ~~ ---t~r ~- ' ~ "f , -._ ~ M Jones I ~~ r 1_,---= - L --- -- - .:... -- Lands Legacy Action Plan (2008-2010) October 14, 2008 See attached annotated list of completed projects and map O N C h Q O 4;; V J b 0 J -~ j t° O w ~O ~' .~ V Q '1 L L u 0 J .~~, ~ O s~, ~ an a~i a~i axi ~ ~ ~ ~ ~ ~ .b .~ o ~ N a ~ o Aa . ¢, .a .~ ti ~ i a~ N ~ ~ ~ ~ ~ W ~ ~ °~ ~ U °~' s ~ ~~ ° o o `er ~ '~~ 3a a ~Ud o~ ~ ~~ ~.~, °'~' ~ °'~ Zon~ a i Cj~ '~ • ox OO aa`~i oo o A ~ o a ~ ,~, o ~ > ~ ~, a ~ cd ~ r.; fs, ~ a v ~ ~ .~ o ~ ~ «i N ~ ~ q p v ~ ~ ~ ~ C~ . o A o ~ 4, ~ ~, c i ~ w N a~ o ~ U a.. o «t >, :-~ ed i i ~ o ~ ~ ° ~ A ~ ~ ~ ~ '> o, cd a> ,.a aai +3 .,~ ° +~ 'd c.. `~+-+ ~ ~ a .~ p., o .b a`ai a°i ~ :~ s~, ° `.-° ~ .~ ~' ~ ° ~ A ~ "~~,, o .~ O o a a~ b ~ U ~ o . +~ s~. 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U y O N ~' ~a A M ~? W O~ q U z O Land Legacy Program Acquisitions 2000 - 2007 O 4 \`~ ° Lewis' Hcarilen~ ~~ "~o<<r Preserve o R, / ~ ~ ~~ ~~~e c'4 .y0 &N 3 ` it / Lee Farm o~ \~ \ Aa o, p Northe :Park 'l'ate Farm ' ~Addi on Little ltivcr Rcgional.Par & ~~ ~ / Natural ~rea~ + ~ \ \ , i~) ~ Future Northeast t7istrict '`-~;a ,-. Wal6ers~~arm I & [I D,~ D~,y~r~1 Park Prop~ty ~ ~ gfluence of Fnrm -`~ ~~.,~ ,~ fhc lino \ / \ ~ / _ ~ a~ ~ ~' ~ ~ A ._------ x'___ ~?__-r'1:12 a uu ao War Far ~ .~--- ~s O ~ gyp, SPQ ()( - ~ $ ~`~~s +o McGowan-C ek ~^`~ ~ `---~I'reservc /1 N /'~ ~ -'" ~- ventyiil Creek ~ .~ U~''~e ~~ w~e Preserve ~,`/ ~~`~ \ os ~ e U / ~ /y~ \ ~ S ~'~ ~\ /'/ i &5 ~OID ~~ -' ~ m 777777''""`~`~'"'''" Fickle reek Farm Steep~Bbttom `" ~ 1 ~ 0 0.5 1 2 Miies Phe \ Farm Bran Preserve / ackwood F rm ~ 1 r~ r I r r r 1 _ sm field ~ ~ 5,1~,~~._.__ f Future -Ilhouse I Road Park Shy Farm '"\ C ee~arnt J -J New Hope Natural Ar ~1,~__/-"`~ ~ Preserve Future Lloyd Farm Twin Creeks ~~ 'L~o \ eith Arboreta & P~ k-_` „ \ Preserve / ' ~, im~ ~ ~ ~ f.~ ~ \\-. ~ ~ Ada \ ~ ~ORO Rb //~ R\µ0 ^ ~ -F~~ ~c ~ ~a~5 ~ / ', Legend ~ ,~' Land Legacy Program Conservation Easement Purchase Orange County FsvGonment & Resource StfeetS Con M Jones D~~08ment Lands Legacy Action Plan (2008-2010) October 14, 2008 Background Since the Lands Legacy program was adopted in 2000, Orange County has protected over 2,400 acres of land with important natural and cultural resource values. In most of the 30 plus projects completed thus far, the County partnered with other entities, including local land trusts, OWASA, other local governments, and various state and federal funding partners. Over the first eight years of the Lands Legacy program, the types of projects evolved from an early focus on parkland acquisition to more recent efforts to protect prime farmland in water supply watersheds. Significant natural and cultural resources were protected in conjunction with those projects. Some of the land acquired by the County will become active parks. Other land was acquired to protect natural areas that are not suitable for active recreation. Those areas were set aside for their value as native plant and wildlife habitat, scenic and open space, and watershed protection. Examples include the Seven Mile Creek Preserve and the New Hope Preserve. These are County-owned lands are managed for their conservation values, with minimal facilities envisioned for low-impact recreation uses (e.g., natural trails) in less sensitive portions of the site. Issue In late 2006 the BOCC authorized ERCD staff to evaluate the potential for expanding the County nature preserves-both geographically and conceptually-to include other conservation priorities and involving other willing landowners. Thus far ERCD has considered the possibility of expanding the Seven Mile Creek Preserve, located in Cheeks Township southwest of Hillsborough. To date the County has acquired nearly 300 acres, with further acquisitions anticipated in the future. Further downstream, another 63 acres were acquired by the County along McGowan Creek, adjacent to conservation lands held by the Orange Alamance Water System. Finally, the County has collaborated with the Eno River Association and private landowners to protect key properties located at the confluence of the East Fork and West Fork of the Eno River. The "Confluence" properties include 179 acres of preserved land for low-impact public use and 24 acres of privately held land protected with conservation easements. Land protection in the upper Eno River corridor is perFormed consistent with a detailed evaluation and prioritization of land parcels conducted by Piedmont Planning Associates in 2000 with funding from the NC Clean Water Management Trust Fund (Eno River Riparian Corridor Conservation Design). Further evaluation of this watershed was conducted by an ERCD intern in 2007. Lands Legacy Action Plan (2008-2010) With these ongoing efforts and emerging opportunities, there appears to be increased potential for expanding the "nature preserve" concept to a network of public and private lands that collectively continue to support the natural and cultural resources associated with the watershed. This network of properties (perhaps an "Upper Eno Conservation District?") would include public lands accessible for low- impact public use (e.g., Orange County properties), private lands managed for conservation and low-impact public use (e.g., Duke Forest, Eno River Association properties), private lands protected by conservation easement (no public access), and other privately owned working lands (farm/forest) and rural residential properties whose uses are compatible with the conservation of significant natural and cultural resources within this core area of the Upper Eno Watershed. Further study and formalization of this concept may also move forward other County goals, including watershed protection and growth management. For example, a "Conservation District" could also work in tandem with a Transfer of Development Rights program, if implemented in the future, as a possible "sending area." Considerable additional details are needed for these projects, including formal inclusion in the. Natural and Cultural System Element of the Comprehensive Plan, how public access would work, and what lands would be priorities for possible acquisition from willing landowners, to further the creation of such conservation district. It should be noted that a "Conservation District" in this context is not envisioned as an area where all lands would be protected, but rather a corridor of strategic locations, working with willing landowners, where critical masses of open space lands could be acquired and linked together with other parts of the preserve. As always, the Lands Legacy Program would acquire priority lands voluntarily, working only with willing landowners. The creation of an Upper Eno "Conservation Area" or "Conservation District" might evolve over years, or even decades, as lands become available and funds permit.. ERCD has discussed these ideas with the County Attorney and with the Eno River Association, but more conversations are needed to flesh out the proposal and to see how this partnership might work. Staff also intends to refine the aforementioned research on this topic by an ERCD intern in 2007. Staff would like to enter into a dialogue with colleagues from the Town of Hillsborough, the Eno River Association, and Orange-Alamance Water System about such an effort. At some point in time, private landowners, including Duke University, would also need to be consulted in an attempt to build a partnership that meets the mutual conservation interests. In the end this may present slow-cost partnership mechanism to achieve further conservation along the Upper Eno corridor as well as for locations along New Hope Creek upstream of the areas already protected. 2 I ~; ,^ . ~ ` ._i ~ ~ -Eno es ~trY ~ I' ,~~~ \ ~;~I ~ ~ ,,, ~ ; / - \=~ I - _ I .\ r ` L r. 14 ~~ ~' ,, _ ~~ ~ ) ~ - I a ,~ - I ~~ ~'~ ~ __- _ ~ - '.~ - ~'~~i ~ ~ -~, rLakll Ora gei -~- ~r--- ~ ~~ ,, ~ ~ ~t ~ > _ -_ l _, .~- 3 1 ~~~~ ~~ ~ ~ •~ ~~ ~-~~~ ~' ~ ,i_ ~~,I -~ - j ,. ~~ ~- ~~/ l - ' ~, o ~ it i r , i.~ SJ,~~~~{ r I ~?V ~> r r r ~ `s 1 / ~ r ~ .. i - r1 - 't - O ~ -~~„ , 1 =1 I f I -- - _. ") q I ~ ~ Q Confluence /'.~ ~ _~ r ~ - ,~4~ ~ ~ T~' J~r I~, 1~ ~ I d ' I _ ,~, I r - -o- I {- - ~~,~,~ ~ W ` ~ I ~~ ~~ ~-,~ __ 1 lr a~ ~ O ~ lj '~, fir' ~ ~~ ~J~ _ ~ Ip ©Q I- o ~~ O ~ ~ J + o ,~.- Y I L ~ _. -7 ~J / I - ^ `I ~ ® ~ r ~ ~ ° ~ ~~ L_ u ~-~'~-'~t~-~~ I r I ~ ~i i ~ I -- ~ L~~ r ~1 ~ ~ ~ I i - (I I c:,:= ~' ' q ~ l r - I O ~ _ p' I, ~ La r" ~i_ a McG - LNG? . ~ ~ a-., I ~' i _. - b I( .__ - - .~ . - _ r ~ 'i., A - l - '~ _ I -- n' n~~~_.,_ ~ ~ ~ I I_. ~ ~-- j g , ~ ~ Preser;Ye-=1 ---, ©i~l x I . ~i ~ - L _~ ~ --' - - ~ ~ ~ I~ I 1 ~ I r , ( 7 ~~ , ',,,~I ~ _ _ r~~ _~ ~ 1~ _ / _ r' ~,1 r ~~Lit< /" I / 'ir - { ~ I_, I ~ r ~`i ~G`~~1 ~ ,' ~~~~rp~ ~ ' ~ ~ ~, ~~ „ ~jli r - ?!111110, ~{fl A.~~ I I ._.t~-~ r„~J ~ ~ I ~ ~ - ~ I - ~~J//~ ~ ~. _ ( I I i ~. _' ~1 i ~irl ~~ --~llly~ _, ~ ~1pp , uialll~Jy't ~ ~. r f ~ n ~1- Q- - I / / \ 4 - ', i 7 lP1r~i---- I ;~, ~ •-i I ~, , " , I ~ I f ,_ r-~ I I ~ V~-~ o ~~ T I' llll i McC,oWan Cre , ~ ,I ~~ i ) `_ ~ l ~ ~ 1 ~ I~ i~~ll'I ~'' ~r ~'I "_ - I ~ ~ ~ ~ pa,,,,~~ nl ,,, _ ._ --- ~ lI I p _ _ o - ,.~ - ~ _ _ -, -~ ~ -; ~ r ~ }, ~ _ - ~ , p r ~~ i li ~, ~ ,L i '~, `_ ' , l7o Q,> ~ ~ `~ ~ i~ ~ ', ~L I `, ~ r J `~ 7 ,.; - %~ r r'r~~ ~ ,mnrm ,'mil ~ ~.Ve G ~~ r __ ~~ I~ ~~ r~_I- SeV@n Mlle p r ~'~~, i ~ ~~ Vm . -- -, / I ®_ Preserve , ~~~ ~ - ir° -~ ,_ ,, ~ _ _ , ' !1. V~ ~ .` ~ ,:;~Y~~ ~~ ~ ~ __~ -..- ~,~ j ~~- i i ~~~.~ r~~r I~ T L I O ~<, ~ .~ ~~.1 ~~ -~' _,L~'~ , ~ ~ ~ ''~ 1~~~.~ J f ~ ~` /~ _ f~ ,-a~ ~ ~ 1 ~ ! ~~t~, h~-.. ~ 1 `( j~~_`:J~ ice, -.: I ' '- f -~ ~ <, I'i Possible Upper Eno Study ~-rea Legend ~®~ * ~ ~ Upper Eno Nature Preserve study area -Major streams Conservation easements held by Orange County . Reservoirs ~J Conservation easements held by others 0 Parcel boundary ~- -~ Orange County parkland & openspace ~ Upper Eno Watershed Non-county parkland & open space 0 0.5 • I v i v 1 2 Miles l v v i l Orange County ERCD 10/3/2008 Lands Legacy Action Plan (2008-2010) October 14, LUUtS Background The North Carolina Mountains-to-Sea Trail (MST) is a planned 900-mile. trail that will traverse the state from the Great Smoky Mountains in western North Carolina to the Outer Banks on the Atlantic coast. Long a vision of the state parks program, in 2000 the General Assembly authorized this trail as part of the State Parks System. Portions of the trail already exist throughout the state, especially on federally-owned lands in the mountains along greenways and trails constructed largely by volunteers in cooperation with the state and local governments. Issue The corridor for the trail has been defined in the eastern and western part of the state for some time now, but the section in the more-populous eastern Piedmont had not been identified until recent years. From 2005-2007 the State Parks office held stakeholder meetings with staff members from local governments, land trusts and conservation entities across the piedmont to identify a corridor that would connect from Lake Townsend north of Greensboro to Falls Lake in Wake and Durham counties. As a result, in 2007, the State Parks office approved a corridor for the "Eastern Piedmont" section of the trail which includes several alternative routes or "spur" trails. As can be seen on Map 1 (attached), the trail's planned primary route would connect to the future Haw River State Park north of Greensboro and then follow the Haw River (and the Haw River Trail, another planned regional trail) through Alamance County to the Orange/Alamance county line where Cane Creek intersects the Haw. The trail would connect through OWASA-owned land at Cane Creek and proceed northeast to Occoneechee Mountain State Natural Area, where it would follow the Eno River (including Hillsborough's planned River Walk) and Eno River State Park into Durham. The trail continues along the Eno in Durham to Falls Lake. The most complicated segment of the' trail is the proposed overland route through southwestern Orange County. This is the .only portion of the trail in the eastern Piedmont that does not follow a river corridor or an existing public lands network. The trail segments through OWASA lands, from Occoneechee Mountain through Hillsborough, and through Eno River State Park to the Durham line are essentially the only segments where public lands exist (with a few notable exceptions). An alternate route is shown from Lake Michael in Mebane along the US 70 / Southern Rail corridor that connects to Occoneechee Mountain. There is also a proposed "spur" trail alternate in southeastern Orange County, connecting Duke Forest and New Hope Creek to Eno River State Park. Lands Legacy Action Plan (2008-2010) Implications and Needed Actions (if pursued) . Creating the primary route through Orange County will require working with a number of private property owners. This is true whether the primary route or the proposed alternate route along the US 70/rail corridor is ultimately used. Staff estimates that the primary route through Orange County will require working with approximately 30-35 property owners, unless roadways are used as an alternative (please see Map 2). A road-based alternative will require work with NCDOT and is not the preference of the State Parks office. There are four segments in Orange County that are privately held: ® Segment 1 -From the Haw River along Cane Creek to the Cane Creek reservoir (approximately 2.5 miles in length). • Segment 2 -From OWASA lands north of the Cane Creek Reservoir to the County's Seven Mile Creek Preserve lands (approximately 6 miles in length. This is the longest overland privately-owned segment). ® Segment 3 - A short segment from the County's Seven Mile Creek Preserve to Occoneechee Mountain State Natural Area (approximately 1.5 miles). ® Segment 4 - A segment along the Eno River from Orange County's River Park in Hillsborough to the Ayr Mount properties to the beginning of Eno River State Park lands at US 70 East (approximately 2 miles in length). As a primary objective of the State Parks system, acquisition of land and subsequent trail construction is expected to be a top funding priority for State grant sources such as the NC Parks and Recreation Trust Fund, the NC State Trails Program, and the NC Clean Water Management Trust Fund. At this time the State is looking to local governments, land trusts and future developments along the corridor to provide land for the trail. Although State Parks may step in to acquire lands on their own (such as expanding Eno River State Park as opportunities arise), their expressed interest is that local governments and land trusts take an active role with the State providing funding assistance. The cost of acquiring land for the primary trail corridor in Orange County is unknown, especially given the variety of methods that can be used to establish the trail through public or private property. Other issues that will need to be considered are the long-term management of the completed trail and the pursuit of other trail segments for the alternative MST routes that have been identified along the US 70 /Southern Rail corridor and between Duke Forest (Kortian Division) and Eno River State Park. Conclusion. The MST route through Orange County is a daunting task. Substantial infusions of State funds, and several years will be needed to accomplish the task. Coordination Lands Legacy Action Plan (2008-2010) between Larids Legacy acquisition efforts and future development approvals through the Planning Department will be needed. If the Board is interested in beginning the task in the current two-year action plan, staff suggests the following: • Consideration of the planned MST trail corridor (primary and alternate routes). • Approval and identification of the official Mountains-to Sea-Trail(s) through County jurisdiction, to be-shown on adopted conservation and land use plans and incorporated in the Orange County Comprehensive Plan. This will enable preservation of the corridor as development occurs and as conservation opportunities arise. • Focusing initial Lands Legacy Program activity on two segments of the primary trail (if this route is confirmed) -Segment 1 (from the Haw River to the OWASA Cane Creek Reservoir lands) and Segment 3 (Sevenmile Creek .Preserve to Occoneechee Mountain) as Phase 1, pursuing State grant funds at every occasion. r®®se IV ®untains®t®®ea 1°raal Legend o os 1 2 Miles NC Mountain-to-Sea Trail ~ OWASA conservation lands I ~ ~ ~ ~ ~ ~ ~ ~ [~ Primary trail L~ Lakes & reservoirs ' Alternative trail ~'`~~~ K `%„ - Major Streams Orange County "~ ~^ Eno River State Park _;;~ Towns ERCD n z Orange County parkland & open space Streets 10/3/2008 ~. October 14, 2008 Background New rules to address nutrient-loading (nitrogen and phosphorus) in Jordan Lake have been approved by the State Environmental Management Commission and are pending for action in the 2009 General Assembly. One component of the new rules allows for nutrient-trading to occur between parties including local governments. This may create opportunities for partnerships between municipalities and the County for conservation efforts in the Upper New Hope Creek corridor. Issue A longstanding priority for the Lands Legacy Program has been the protection of much of the Upper New Hope Creek Forest, which contains several Natural Heritage sites and thousands of acres of private and institutional prime forest. One of the key provisions of the new Jordan Lake Nutrient Management Rules is the requirement in the "Upper New Hope Arm" of the watershed to address both existing and new stormwater controls by reducing nitrogen loading by 35% and phosphorus by 5%. Each jurisdiction will be asked to implement this percentage reduction. In many urban areas meeting such a reduction will require costly retrofits of stormwater controls. Durham, Chapel Hill, Carrboro and Orange and Chatham counties all lie in the Upper New Hope Arm and must meet these provisions. However, another option is provided for in the rules. Communities (and private developers) may enter into nutrient trading whereby nutrient loading is "offset" by activities in other portions of the watershed. Orange County's portion of the Upper New Hope Arm is largely forested and undeveloped (as part of the Joint Planning Area Rural Buffer), and the creek flows through three miles of Duke Forest and the County's future New Hope Preserve before entering Durham. However, there are areas along the creek upstream that have been identified as conservation priority areas. Based on preliminary discussions with Triangle J COG and CH2MHill (the consulting firm that is modeling the nutrient trading program), it appears there may be opportunities for the city of Durham and the towns of Carrboro and Chapel Hill to offset nutrient loading by enhancing stream buffers, creating wetlands, and conserving riparian lands along New Hope Creek. Such activity would be consistent with the vision for the Rural Buffer, the Lands Legacy Program conservation efforts along the Upper New Hope, and may offer an alternative to the city and towns to costly stormwater retrofits. Summary The details of the nutrient trading program are not complete and are still being addressed. As such, amore-detailed proposal of how a partnership might work is not yet possible. At this time staff would like to enter into a dialogue with colleagues from the city and towns about such an effort and attempt to build a partnership that meets the municipalities' nutrient reduction needs and the County's conservation interests and nutrient reduction needs. This may present a low-cost partnership mechanism to achieve further conservation for New Hope Creek upstream of the areas already protected. October 14, 2008 Background Since its inception in April 2000, the Lands Legacy Program has utilized a number of funding sources to acquire critical lands of natural or cultural resource significance, including over $4.0 million in Federal and state grants, donations, and contributions from partner agencies. Some properties have also been acquired by donation or bargain sale. In terms of County dollars, funding has come from five sources: • The Lands Legacy Fund (funds from the 2001 Parks and Open Space bond designated for Lands Legacy) • The Lands Legacy Opportunities Fund (pay-as-you-go appropriations on an annual basis made in certain years). • The Conservation Easement Fund (alternative financing approved in 2002 by the, Board of Commissioners for purchase of conservation easements) ® The School/Park Reserve (originally, one-cent of the tax levy for land acquisition that met park and school needs). Funding for this reserve was reduced to 1/3 cent in 2001, and discontinued in 2003 (remaining funds were appropriated for other uses in 2005). • Subdivision Payment-in-Lieu Funds (payments made by new subdivisions to help address County parks and open space land and facility development. These funds are collected and expended by four identified District Park districts (Northern, Cheeks/Hillsborough, Chapel Hill Township, Bingham). Funding Status The exact amount of funds can be found in the table on page 2 of this appendix. The following paragraphs summarize each fund. The availability of remaining funds varies considerably by source. The Lands Legacy Fund (2001 bond) retains $2.01 million of the original $7.0 million appropriated (although the final bond sale for $1.75 million of this amount has not yet occurred and is planned for this fall). Primary objectives for this fund were park sites and nature preserves. All but one planned District Park site has been acquired, and the vast majority of the funding to date has gone toward erasing the 1,265-acre parkland deficit that was cited in several plans in the late 1990's. Although only a few tracts have been purchased for nature preserves to date, this is the expected area of emphasis for the next few years for this fund - building on the future nature preserves (consolidating Natural Heritage sites with low-impact recreation access opportunities). The Conservation Easement Fund, created to acquire conservation easements, is nearly exhausted due to the success of the farmland preservation efforts of the last 8 years.. Of the $3.3 million made available by the Board for this purpose, $437,000 remains. During this time, Lands Legacy has acquired easements on 1,440 acres of farmland and natural areas. Of the 17 easements acquired (two donations), 13 are easements on working farms that were accomplished with substantial Federal and State grants. Most of the farmland preservation easements have been accomplished with dollar-for-dollar grant matching funds. The Lands Legacy Opportunities Fund is also tapped from time to time, as special opportunities arise, for important acquisitions. The Opportunities Fund has funded lands for nature preserves, conserving an arboretum, natural area easements, and some stewardship, with $900,000 remaining in that source. The School/Park Reserve Funds are gone, used at Twin Creeks and other locations in the early part of the decade -with the last $391,000 reallocated to the Efland sewer project in 2005. Subdivision Payment-in-Lieu Funds continue to ebb and flow as funds are used for land or facilities and new subdivisions replenish the resources. Initially, funds were used largely for parkland acquisition. In recent years appropriations have been almost exclusively for park facility development due to the dramatic rise in construction costs and funding shortfalls for park projects. Lands Legacy Funding Sources -Oct ober 1, 2008 .. - 0 e: Lands Le ac Fund (2001 Bond) $262,813 $2,012,813) Opportunities Fund (PAYG 2000-07 $900,765 Conservation Easements Fund $437,897 (alternative financing from 2002 School/Park Reserve Fund $0 Subdivision Payment-in-Lieu Funds Northern District - $14,523 (may be used for park or open space land Cheeks/Hillsborough - $170,051 acquisition or facility construction -within the Bingham - $145,539 designated district) Chapel Hill Twp - $70,454 $400,567 total (as of 7/1/08. Must be spent by district Summary • Sufficient funding appears to exist for the final district park site and nature preserve consolidation and expansion for the next two years. • Funds for agricultural conservation easements will likely be exhausted by 2009. • The Lands Legacy Program may be out of funds by 2011. • Discussion needed on the future of co-location /multiple uses • Grants and partnerships more important that ever