Natural areas advisory council 29 Years of Service to Improving Delaware’s Quality Of Life

NATURAL AREAS ADVISORY COUNCIL

29 Years of Service to Improving Delaware’s Quality Of Life

“Dedicating Delaware’s Natural Areas Today For All Delawareans Tomorrow”

NATURAL AREAS ADVISORY COUNCIL

Wednesday, December 6, 2006

Richards & Robbins Building

Secretary’s Conference Room

Dover, DE

9:00 a.m.

ATTENDEES:

Terry Higgins Chair

David Athey Member

Pete Martin Member

Carl Solberg Member

Michael Riska Member

Lynn Williams Member
STAFF:

Ron Vickers Division of Parks and Recreation

Eileen Butler Division of Parks and Recreation

Elizabeth Emerson Division of Parks and Recreation

Matt Chesser Division of Parks and Recreation
PUBLIC:

Margot Taylor Delaware Nature Society

Jen Gochenaur Delaware Nature Society

Lisa Arbeiter Citizen

Lorraine Fleming Citizen
I. Call to Order/Welcome/Introductions/Announcements

Mr. Higgins called the meeting to order at 9:16 a.m. and asked each person to introduce themselves. He announced that Lynn Williams was honored at Brandywine Creek State Park and shared the Brandywine Community News article with members of the Council. Terry indicated that he was honored to have Lynn as a long-time member of the Council.

II. Minutes of the September 6, 2006 Meeting

Ms. Williams made a motion to open the floor for discussion on the September 6, 2006 meeting minutes. Mike Riska seconded the motion. Mr. Higgins asked a few questions for clarification. The minutes of the September 6, 2006 meeting were then approved as presented.

III. Natural Area Inventory

A. Update on Maps
Ms. Butler told the Council that Secretary Hughes had officially adopted the Natural Area map recommended by the Council on September 27th. She informed Council that the Natural Area boundary on the Arbeiter property was reduced from approximately 20 acres to an area measured 100 feet from the top of the streambank.
Mr. Vickers shared with the Council a copy a of Secretary’s Order No. 2006-0041 and a Legal Notice regarding the Secretary’s Order No. 2006-0041.
B. Development Reviews

Ms. Butler informed the Council that she is responsible to review all Preliminary Land Use System (PLUS) projects and all County projects with regards to development in Natural Areas and State Resource Areas. She provided a review of the 12 projects for the previous quarter; 6 through PLUS, 4 in Sussex County, and 3 in Kent County. General comments made regarding each project included the removal of proposed lots from Natural Areas, reduction in lot size, and/or to provide an adequate buffer to the Natural Area.

PLUS Project reviewed:

• 
  Smith Property, New Castle – Development is planned outside the Natural Area boundary. A request was made to the developer to dedicate the land as a Nature Preserve.
  
• 
  Sposato Land, Sussex, 171 acres - The majority of the property is forested and located near Stockley Center. A request was made that they consider selling the property to the State, but the developer declined that request.
  
• 
  Woods at Burtons Pond, Sussex – The wetlands and associated upland forest fringe are part of the Rehoboth Bay Natural Area and the Inland Bay State Resource Area. Two lots are located within the Natural Area.
  
• 
  Watson’s Property, - The forested land on the property is within the Cedar Creek Natural Area and 13 lots are proposed for development within the Natural Area.
  
• 
  Riverwalk on the Broadkill, Sussex – The site design was wholly rejected by the Office of Nature Preserves as a majority of the proposed development is within the Broadkill River Natural Area and a State Resource Area.
  

County Projects reviewed:

• 
  Burton’s Pond Communities, Sussex – The property includes a wet forest. The developer is staying out of the Natural Area, and has asked about adding trails through the area.
  
• 
  Heritage Point (The Senators), Sussex - The property is near the James Branch Nature Preserve. The proposed stormwater facility will outfall into the Nature Preserve. Carl Solberg asked to work with Eileen Butler on the property, to make it green.
  
• 
  New Milton, Sussex – This property is near the state owned Waggamons Pond. Future water quality of Waggamons Pond associated with stormwater runoff from the development was raised as a concern. Ron Vickers indicated that The Nature Conservancy is working to acquire or at least protect the area due to the location of a rare plant species.
  
• 
  The Cypress at Trussum Pond, Sussex –The property is located on the western edge of Trussum Pond. The Division of Parks and Recreation is taking action to acquire a portion of the property adjacent to Trussum Pond that will result in providing a 350 foot buffer to the Pond.
  
• 
  Abbotts Pond Acres, Kent – The property is located along the Kent and Sussex County boarder. The site plan proposes 8 lots in the upland forest/riparian area within the Natural Area.
  
• 
  Fiddlers Creek, Kent – The entire site is forested, it is part of the Murderkill River Natural Area, and State Resource Area. The Burton-Derrickson Tract of the Murderkill River Nature Preserve is directly downstream of the proposed development. Staff requested that 27 lots be removed from the Natural Area adjacent to the Nature Preserve. Staff will continue to monitor this development plan as it moves through the County process.
  
• 
  Hills Market Farm, Kent – The property is located near the Upper Murderkill State Resource Area. 5.89 acres of proposed passive open space is proposed in the SRA.
  

IV. Nature Preserve Dedications

1. 
   Milford Lakes Nature Preserve
   

The Delaware Nature Society (DNS), made a request to the Council and the Department to consider the Society’s lands and the Division of Fish and Wildlife lands in and around the Milford area for dedication into the State system of Nature Preserves to be known as the Milford Lakes Nature Preserve.
Continuing its leadership role in the Milford area through land stewardship practices that will permanently preserve its Cedar Bog (5.78 acres), and Isaac Tract (20.5 acres), properties, DNS has been working with the Division of Fish & Wildlife to permanently preserve its Clendaniel/Lindale, Webb, Lee/DelDOT, Lee, Killen, and Watson properties that make up the Abbott complex (66.84 acres), and the Pope, Wilson heirs, Sussex poultry, Jefferson, Voshell, and Savage properties that make up the Blairs Pond complex (206.59 acres).
Fish and Wildlife is interested in preserving the lands as long as hunting is permitted to continue. Mr. Higgins asked if there was one plan for managing both DNS and F&W lands. Ms. Butler informed the Council that a management plan could be developed for the properties through Articles of Dedication with F&W and a conservation easement with DNS that would incorporate similar language.
Nature Preserve dedication for the Society’s Marvel Tract (109 acres) in the Slaughter Beach area was also requested by the DNS. Council discussed the possibility of including F&W properties associated with the Milford Neck Wildlife Area; specifically the Anderson Stokes, Fitzgerald, Mitten/Mazol, Wilson/Phillips, Roach and Potter properties, totaling 897 acres.
Mr. Vickers indicated that the Department of Forestry is also looking at prioritizing there lands for preservation, with the goal of permanently preserving 20% of its lands. Ms. Williams shared an article pertaining to forestry in Delaware from “The News Journal” with the Council.
V. Natural Areas Management Issues

1. 
   Encroachments
   

Ms. Butler informed the Council that there have been encroachments on Nature Preserves. An encroachment in the Dragon Run Natural Area involved a neighboring landowner that removed a number of trees as well as understory. Last camping season, Camp Arrowhead staff crossed onto Angola Neck Nature Preserve lands and dug fire pits and cut down trees. The Office of Nature Preserves continues to work with offenders to restore the conservation values in the preserves.
Ms. Williams suggested that Ms. Butler talk with DNS and Woodlawn Trustees because they deal with encroachment issues also.

Mr. Solberg asked if there was a standard of protocol of signage for Nature Preserve dedication. Ms. Butler stated that signage is in place letting people know the name of the Nature Preserve and to contact the Department of Parks and Recreation with the phone number.

VI. New Business

Ms. Butler handed a memo to members of the Council regarding a policy on Natural Area Inventory boundary changes. She asked the Council to review the proposal, so there may be discussion and a possible vote at the March meeting. Mr. Riska asked if the policy will be discussed with Secretary Hughes. Mr. Chesser informed him that it will be sent to Secretary Hughes after it was adopted by the Council. Mr. Riska asked if the policy could be brought up for a vote. Ms. Williams asked to defer the vote until the next meeting to review the by-laws and regulations. Mr. Higgins asked that the by-laws and regulations be sent to the Council electronically.

Ms. Fleming and Ms. Butler informed the Council about the Sniadowski property located in the Christina River Natural Area. New Castle County Board of Adjustment granted a variance to the developer of the property, allowing the filling of approximately 4 acres of freshwater wetlands. Delaware Heritage Program staff had surveyed the property and believed there was a high likelihood of the presence of a globally rare beetle in the wetlands slated to be filled. Therefore, Ms. Butler is pursuing an appeal of the Board’s decision. She suggested that it would be helpful for the Council to write a letter to the New Castle County Planning Board urging the Board to postpone any rezoning decision until further Heritage surveys can be conducted on the property to ensure that no rare species are in the wetlands. Mr. Riska made a motion for a letter to come from the Council to the Planning Board. Mr. Solberg seconded the motion. The motion was approved by Council. Ms. Fleming and Ms. Williams commented that they are working with Rich Pryzwara and Jon Husband of New Castle County Special Services to better educate them on the values of the site.
Mr. Higgins asked for an update on the SRA technical assistance RFP. Mr. Vickers said that a contractor has been chosen, ERM from Annapolis, with Fred Kramer & Associates as their subcontractor. Ms. Gochenaur informed the Council that she will be organizing the conservation groups to help educate members of the General Assembly regarding the SRA maps. It is anticipated that a bill will be introduced to appeal or amend the SRA maps. Mr. Vickers told the Council that the consulting firms will be working on a “Frequently Asked Question” sheet to aid in the education of the Legislators.
Mr. Solberg informed the Council that he is placing about 55 acres of his own property under a conservation easement. He has already restored a 2,500 foot ditch prong and restored it to a creek.


VII. Public Comment and Synopsis Reports From Other Councils, Stakeholders, and Partners

Ms. Taylor stated that more lands are being placed under conservation easement in New Castle County totaling 90 acres.

Ms. Williams acknowledged that Lisa Arbeiter was present during the meeting.

Ms. Fleming told the Council that a second breeding bird atlas has been started by a University of Delaware graduate student, Anthony Gonzon, and that it has been 20 years since the original atlas.

Ms. Gochenaur and Ms. Taylor attended the Farmland Trust Conference at the University of Delaware in November.
Mr. Solberg spoke at the Farmland Trust Conference and stated it was well attended.

VII. Next Meeting
Meeting dates for 2007 are to be held the first Wednesday of each quarter, March 7, June 6, September 5, and December 5. Ms. Williams made a motion to accept the dates. Mr. Solberg seconded the motion. The 2007 meeting dates were approved as presented.
The next meeting will be on March 7, 2007 at 9:00 a.m.
VIII. Adjournment

The meeting adjourned at 11:56 a.m.