september 2003 - north carolina forestry...

N O R T H C A R O L I N A F O R E S T R Y A S S O C I A T I O N www.ncforestry.org SEPTEMBER 2003 1

September 2003September 2003

QUOTE OF THE MONTH

NORTH CAROLINA LOG’N DEMO ANDFORESTRY SHOW IS FAMILY AFFAIR

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THE NCFA’S ANNUALMEETING WILL BE WORTH

5.5 CFE CREDITS

AMERICAN TREE FARM SYSTEMGROWS INTO THE 21ST CENTURY

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ith the forest products industry facing its mostsevere downturn in decades and unprec-edented pressures from overseas, this year’sNCFA’s Annual Meeting will focus on beinga “Forestry Survivor.” It will answer some of

the industry’s most pressing questions - Where does the indus-try stand? Where is the industry headed? What does the in-dustry need to do to be more competitive? – by showing howcompanies can Outplan, Outwit and Outlast the competition.

The NCFA meeting has been approved for 5.5 contact hoursin Category 1 toward a Society of American Foresters Continu-ing Education Certificate.

The NCFA’s Board of Directors meeting will open the An-nual Meeting on Wednesday morning and will be followed byan afternoon of golf, shooting clays or fishing. That evening,there will be a Shrimp-A-Roo on the U.S.S. North Carolina.

On Thursday morning, Keith McGough, a TheodoreRoosevelt impersonator, will make a special presentation to

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he NCFA’s Log’ nDemo and For-estry Show willtake place on Sat-urday, September

20, 2003 on Paul Burn’s prop-erty in Vass, North Carolina.This year’s show will be thelargest showcase of forestryequipment in the Carolinas.

Similar to the previousLog’n Demos, the NCFA’sSafety, Logging and Transpor-tation Committee is planningon demonstrating the newestforestry equipment along withseveral other attractions.

There will be plenty of ac-tivities for the entire family.The Log’ n Demo will feature ablue-grass band, forestry com-petitions between forestryschools such as N.C. State andMontgomery Community Col-lege, a chainsaw competitionsponsored by Forestry Mutualand even a fishing derby.

While supplies last, alladults and children will receivehardhats and protectiveeyewear with their admission.The cost for adults is $15. Chil-dren under the age of 12 arefree.

Gates will open at 7:00a.m. and the show will wrapup by 4:00 p.m. Patrons willbe able to see the latest in log-ging equipment includingtrucks, safety equipment,trailers, chain saws, cleaningequipment and supplies andcustom apparel with accesso-ries.

In 2001, over 1,300 people

passed through the gates ofthe Carolina Log’ n Demo &Forestry Show on the familyfarm of Fred Taylor, owner ofTroy Lumber Company and aNCFA member. Some 50 ex-hibitors displayed their latestlines of equipment, accessoriesand services.

Visit www.ncforestry.orgfor details.

The Carolina Log’n Demo and Forestry Show will take place onSeptember 20, 2003 in Vass, NC. Gates will open at 7:00 a.m.

“It is our goal to grow this program withour landowners, sponsoring agencies andassociations and industry to return NorthCarolina’s Tree Farm program back to itsproper standing in the American Tree FarmSystem.”- Dave Woodmansee, Co-Chair ofNC Tree Farm.

Don’t Miss the Action! (l-r) Parker and Lynda Lumpkin andJackie and Barny Bernard pose during the Halloween costumeparty during the 2002 Annual Meeting. This year’s event is a

Casino Night with a deejay.

ating back to the1940’s, TheAmerican TreeFarm Systemcan lay claim to

being the oldest form of certi-fication or recognition systemfor the practice of growingtrees and maintaining sustain-able forests in America. Forgenerations, American land-owners and farmers haveproudly posted their Tree Farmsigns as a way of displayingtheir stewardship values.

“Our sign has been outthere in the woods for some 60years,” stated DaveWoodmansee, a Co-Chair ofNorth Carolina Tree Farm.“Most folks recognize the signmeans that the forest is being

well-managed.”In today’s

global marketwith numerouscertification pro-grams trying towrestle their wayto the top of thepecking order,The AmericanTree Farm Na-tional OperatingCommittee tooka bold step inJuly of 2003 toformalize its es-tablished policythat calls for allcertified tree farms to be re-in-spected every five years tokeep the title of tree farmer.The operating committee is

comprised of a group ofpeople from all regions of theUnited States and includes

2N O R T H C A R O L I N A F O R E S T R Y A S S O C I A T I O N www.ncforestry.org SEPTEMBER 2003

Jack SwannerChairman of the Board

Bob SchaeferPresident

Jim WellbornPresident Elect-Treasurer

Larry TombaughFirst Vice President

R.C. KingEastern Vice President

NCFA EXECUTIVECOMMITTEE

Chip MillerPiedmont Vice PresidentDale ThrashWestern Vice PresidentGeorge PaceChairman of the BoardForestry Mutual InsuranceCo.Bob SlocumExecutive Vice President

NCFA BOARD OF DIRECTORS

TreeLine is the monthly newsletter of the North CarolinaForestry Association, 1600 Glenwood Ave., Suite I, Raleigh,NC 27608. Telephone (919) 834-3943 or (800) 231-7723. Fax(919) 832-6188. News items and photographs should besent to the TreeLine Editor by the first business day of themonth for publication the following month. The NCFA, thestate’s oldest conservation organization, is a private, non-profit partnership of forest managers, landowners, mill op-erators, loggers, furniture manufacturers and others con-cerned about the long-term health and productivity of thestate’s forest resources and the industries they support.

Stan AdamsKenny Allen

Ray AllenMark Barford

Dianne BeasleyNat Black

Art CooperRandy Denman

Coleman DoggettAnn Duff

Carroll EdwardsRandall EllerTom Ellis, Jr.

Bob EmoryCharles Green

David GuggenheimSteve HensonWayne Horn

Carl JessupCharles Jones

Ed KesslerR.C. King

Ed ListermanBill Lock

Parker LumpkinChip Miller

Larry NielsenTommy NorrisJon OrtSteve OwenDan OwensDonna PerisonBarbara PerryBob PippenPat PowellJohn RameyJim ReavisGene RobbinsCliff SextonJim ShotwellJerry SmathersDennis StoneJack SwannerBob ThomasDale ThrashTucker VeachGlen WatkinsJim WellbornJo Ann WhiteStephen WhitfieldMark WisemanDave Woodmansee

NCFA LENDS SUPPORT FOR A NORTHCAROLINA CONGRESSIONAL

AGRICULTURE & FORESTRY TOUR

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he NCFA is currently offering hunting lease liabil-ity insurance for 2003. The policy will run from Au-gust 1, 2003 to July 31, 2004. The insurance isdesigned to offer liability insurance to both a land-owner and hunt club(s). The landowner and the

hunt club(s) must be members of the NCFA in good standing.The membership fee for hunt clubs is $55.00 while the land-

owner membership fee is $40.00 plus two cents per acre over500 acres. The hunting lease liability insurance rate is 25 centsper acre. The liability limits are as follows: Bodily Injury -$1,000,000; General Aggregate - $2,000,000; Fire Damage Liabil-ity - $100,000 and Medical Payment - $1,000.

The application form is available on the NCFA’s websiteunder the ‘programs’ button or the ‘more information’ buttonin the landowners section (www.ncforestry.org/docs/Land-owners/more_info/index.htm). For any additional questions,please contact Deborah Tilley at the NCFA office at (800) 231-7723.n

NCFA CONTINUES TO OFFERHUNTING LEASE LIABILITY

INSURANCE

he NCFA and the Southern Appalachian Multiple Use Council (SAMUC) joined forceswith the Farm Bureau and the North Carolina State Agricultural Foundation as co-sponsors of a North Carolina Agriculture & Forestry Congressional Tour that in-cluded staff from 21 federal offices. In previous years, the NCFA had partnered withthe SAMUC to sponsor a forestry specific tour for legislative staffers. The NCFA and

the SAMUC saw this opportunity with the Farm Bureau as a way of strengthening the connectionbetween forestry and agriculture in the minds of the legislative staffers.

The intensive three-day tour started in the Greensboro area with tours of farms in Moore County;made stops at farms around Elizabeth City; and concluded with a visit to J.W. Jones Lumber Com-pany in Elizabeth City.

During the three-day tour,legislative staffers had the op-portunity to see and hear aboutNorth Carolina’s agricultureand forestry operations. BobSlocum, the NCFA’s ExecutiveVice President, and SteveHenson, Executive Director ofthe SAMUC, participated in thetour and presented each stafferwith an informational portfolio.The NCFA’s video, “Forestry:Keeping North Carolina Greenand Growing” was shown dur-ing the tour.

“We had a real productivethree days,” explained Slocum.“The opportunity to talk face toface with staff members fromNorth Carolina CongressionalOffices on a tour such as this isextremely beneficial. We are ableto bring these people out into the field where they can appreciate the effort and commitment for-estry entails.”n

itches, check dams, gullies and rills all qualify as “point sources” under the CleanWater Act, a federal judge in North Carolina has ruled in a CWA citizen suit case(N.C. Shellfish Growers v. Holly Ridge Associates, LLC, 01-36-BO(3), E.D.N.C.).

U.S. District Judge Terrence W. Boyle, chief judge of the Eastern District of NorthCarolina, also found the entire 1,262-acre Morris Landing Tract in Onslow County,

North Carolina, to be a point source under the CWA.The most disturbing aspect of this decision is that it appears to apply regardless of the permit-

ting exemption for forestry and agriculture contained in Section 404.“The judge appears to have concluded that any ditch, whether it is in a jurisdictional wetland

or an upland, that is connected to a stream or adjacent wetland, is a point source discharge andsubject to regulation and permitting under Section 402 of the Clean Water Act,” stated NCFAExecutive Vice President Bob Slocum. “If allowed to stand, this could jeopardize the existingpermitting exemption for minor drainage for forestry and agricultural operations contained inSection 404 of the Clean Water Act.”

Boyle found for the plaintiffs on all but a couple of issues. He concluded that ditches that flowinto intermittent streams—which then flow into navigable waters—are themselves “waters of theUnited States” for purposes of the CWA. He also found that an on-site impoundment lake was awater of the U.S., and that the ditches that funneled water into it were thus tributaries.

Citing the defendants’ own map, Boyle said wetlands adjacent to a nonnavigable tributary(Cypress Branch) “form a continuous network, stretching from the southwestern boundary of theMorris Landing Tract throughout the property.”

“Defendants argue that this network of wetlands cannot be deemed a water of the UnitedStates because the Corps’ regulations provide that wetlands adjacent to other wetlands are notwaters of the [U.S.]. ... However, taken to its logical conclusion, defendants’ position means thatonly the first millimeter of wetlands adjacent to a jurisdictional water could be covered by theCWA. This result is absurd, particularly where there is evidence of a hydrological connection withinthe wetland network.”

Boyle also found that rock check dams constructed in ditches resulted in discharges of “fill”into waters of the U.S.

Boyle took his lead on the ditch question from the Fourth Circuit’s decision in May in U.S. v.

NORTH CAROLINA JUDGE RULES THATDITCHES ARE POINT SOURCES

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The North Carolina Congressional Agriculture & Forestry Tourmade stops throughout the state, including at J.W. Jones Lumber

Company in Elizabeth City.


A SUMMARY OF THEFEDERAL FORESTLAND

ENHANCEMENT PROGRAM(FLEP)

TTIMBER FIRMS ARE NOT THE THREAT

By Jay Ambrose, Scripps Howard News Service

Some environ-mental groupshave been harp-ing, harping,harping on how

commercial interests threatenthe nation’s forests, but don’twring your hands about thebusiness firms. Fret insteadabout the environmentalgroups themselves. They aremore the danger to nature andtheir fellow human beings.

The groups have beenraising their voices lately be-cause President Bush has beenraising his. This past week,Bush visited parts of the Westravaged last year by wildfiresthat destroyed 7 million acresof forests nationally, leaving23 firefighters dead and hun-dreds of homes destroyed.Some $1.5 billion was spentcombating the blazes.

That cost in life and prop-erty, along with erosion re-sulting in mudslides intoreservoirs, was some of thehuman toll. Nature also tooka hit. Wonderful old trees aregone. Endangered species arenow more endangered. Soilwas so badly scorched insome places that forests maynot grow there again for hun-dreds of years.

It is no wonder then thatBush used his visits to Ari-zona and Colorado to speakout for legislation that wouldprovide more money for thin-ning portions of federal for-ests through sawing andchopping down some trees,brush and other flammablematerial, and carting it all outof the wilderness. The legis-lation would also expedite theprocess on the nearly inargu-able ground that one bureau-cratic review on top ofanother will do less to protectforests than to leave them vul-nerable to catastrophe.

Some environmentalgroups, which pronouncethemselves horrified, are still

smarting from last year’s ex-ecutive order aimed at reduc-ing the administrativehearings and court actionsthat can stymie action neededto stave off uncontrollablefires. Spokesmen for thesegroups say a General Ac-counting Office study showsthat most of their appeals areprocessed within no morethan a reasonable 90-day pe-riod.

There is another way oflooking at it. The study wasof the years 2001 and 2002. Itfound there were a few morethan 300 thinning projects inwhich environmental appealswere permitted. Dozens ofenvironmental groups wereamong those filing appeals in180 of these, it is reported. Atleast 39 appeals were not re-solved in 90 days, and someappeals challenged thinningprojects close to highly popu-lated areas.

Congressmen from Colo-rado have emphasized in op-ed pieces, letters tonewspapers and statementsto the press that a devastatingfire in their state might havebeen far less destructive ex-cept for appeals, lawsuits andan 800-step planning processthat tied Forest Service handson a preventive project forseveral years.

Mechanical thinning(which some environmental-ists applaud and others out-right oppose) is crucialbecause for decades the gov-ernment suppressed naturalfires, allowing a thickness ofgrowth and an accumulationof branches, pine needles andother flammable materialsthat, in times of hot, dryweather, can make a fire roarferociously.

Common sense tells youthat a fuel buildup of thatkind will make a fire hotterand more dangerous and dif-ficult to control and can also

m a k ep r e -s c r i b e db u r n sproblem-a t i c .There issolid evi-d e n c ethat com-m o nsense isright. Justthis past year, there were atleast three forest fires thatslowed or stopped as theycame to stretches of forest thathad been correctly thinned, Ifound through a review ofnewspaper articles.

It is true, as anyone canimagine, that mechanical thin-ning can be done improperlyand will work in some placesand not in others, but it is alsotrue that a Republican bill thathas passed the House does notgive carte blanche to the tim-ber industry to go around mak-ing parking lots where nowthere is wilderness. Neitherdoes it do away with all projectappeals, although it further re-stricts them.

Bush’s aim is mainly toclear out the small trees andbrush, and this is of no particu-lar benefit to the timber indus-try at a time when little hasbeen done by way of develop-ing energy outlets using biom-ass. But in many instances, itwill make sense for timbercompanies to do the thinningunder contract with the gov-ernment, and if there are waysfor the industry to make big-ger money here and there andthus save the taxpayers money,terrific. The alternative offeredby some environmentalistsshouting about greed is no al-ternative at all. It is to dawdlewhile more millions of acresburn.

Jay Ambrose is director ofeditorial policy for ScrippsHoward Newspapers.n

Jay Ambrose

he following summary and breakdown of the fed-erally funded Forestland Enhancement Program isprovided by the North Carolina Division of Re-sources.

Background: FLEP was authorized by the2002 Farm Bill. Congress established FLEP to recognize the pub-lic benefits of sustainable forest management to enhance timberproductivity, fish and wildlife habitat, soil and water quality,wetlands, and recreational and aesthetic resource values. FLEPreplaced the Stewardship Incentives Program (SIP) and the For-estry Incentives Program (FIP). FLEP is intended to promotesustainable forest management on non-industrial private forestland and to complement existing natural resource programs.

Purpose: The North Carolina Division of Forest Resources(DFR), in cooperation with other natural resource agencies, willprovide a wide array of educational products, technical servicesand financial assistance to ensure that the nation’s private for-ests continue to provide sustainable forest products, and alsosafeguard the health of our natural resources. The FORESTLAND ENHANCEMENT PROGRAM is designed to encouragelandowners to properly manage their forests and associated natu-ral resources.

Program GoalsForest Management1) Utilize stocking control and prescribed fire and other silvi-cultural practices to restore ecological native species/site rela-tionships (such as hardwoods, longleaf & shortleaf pine,baldcypress, Atlantic White Cedar).2) Utilize management to promote forest health and improvetree value and vigor (especially in overstocked natural stands,and low-grade hardwood stands resulting from past high-gradedlogging practices).3) Utilize low intensity site preparation (fire) and widely-spacedplanting density on all new loblolly and white pine plantings, topromote early successional habitat and long-term forest health.

Forest Health1) Utilize active forest management practices to minimize dis-ease and insect susceptibility and damage through density con-trol, sanitation treatments and salvage efforts.2) Favor appropriate species for each site (Atlantic White Ce-dar, Longleaf pine, baldcypress, etc.) during management treat-ments to help restore proper site ecology through native speciesmanagement.3) Promote forest health improvements through educationalefforts aimed at better management to (a) reduce susceptibilityto insects, diseases and other damaging agents; (b) detect, pre-vent, reduce or eliminate invasive plant species; (c) reduce therisk of damage from wildfire and other catastrophic naturalevents.

Wildlife1) Favor the establishment and/or maintenance of early succes-sional habitat.2) Enhance the upland hardwood resource, particularly oaks,through stand management practices.3) Increase management of mixed pine-hardwood stands to-ward oak-dominant, mast-production where appropriate.4) Promote thinning and prescribed burning where appropriateto create or maintain early successional habitat.

Water Quality1) Reaffirm required Forest Practice Guidelines and buffer rulesto improve compliance.2) Leverage FLEP funds to ensure the use of Best ManagementPractices across the State.3) Encourage stabilization of logging roads and skid trails, par-ticularly on steep terrain to reduce erosion, maintain site qual-ity and provide wildlife habitat cover.4) Improve water quality awareness in all forestry operationsthrough educational efforts, technical assistance and promoting(continued on page 5)

‘PLAY GOOD WITH WOOD’ THIS FALLhe NCFA will once again be promoting National Forest Products Week, October 19-25, 2003 with “Play Good with Wood,” highlighting wooden toys that have been inchildren’s hands for generations as well as the important role forestry and the forestproducts industry played in North Carolina’s history.

The box will contain some 12 items, including a climbing wooden bear, a woodenwhistle, wooden car and yo-yo. There are also art supplies such as crayons, a wooden ruler, glue,tape and a coloring book. These items will be packaged in a box and delivered to members of themedia during National Forest Products Week. If you have a particular member of the media thatyou would like to contact with a “Play Good with Wood” box, call Chris Brown at the NCFA.n

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HIDDEN DANGER WHENCUTTING STEEL DRUMS

Deaton, which found ditches tobe tributaries under the CWA(332 F.3d 698, 2003). He also in-terpreted the Supreme Court’s2001 SWANCC decision nar-rowly.

Holly Ridge and the otherdefendant, John A. Elmore, hadargued that the CWA’s exemp-tion for silvicultural activitiesapplied to the activities on theMorris Landing Tract. ButBoyle said the “ditches and re-lated systems” on the tract arepoint sources under the CWAand thus subject to Section 402of the Act, which coversstormwater discharges.

“Because defendants’ditches serve to channel andcollect stormwater and otherpollutants that are subse-quently discharged into watersof the United States, theseditches are point sources underthe CWA,” Boyle concluded.

“Defendants have pre-

sented no authority suggestingthat the exemption should beinterpreted to apply to dis-charges of stormwater andother pollutants,” Boyle said.“The Morris Landing Tractcontains an extensive networkof seventeen ditches specifi-cally designed to concentrateand accelerate the flow ofstormwater from the tract,” thejudge said.

But Boyle said “genuine is-sues of material fact” remained“with respect to the purposesbehind defendants’ ditchingactivities,” which preventedhim from ruling on whether thesilvicultural exemption appliedto the activities under Section404.

“Although the judge saysthis in his decision, it is not clearthat he believes the exemptionapplies to ditching activities,”stated Slocum. “In other partsof his decision, he specifically

North Carolina Judge Rules That Ditches are Point Sources...(from page 2)

utting the top off or welding any drum is dangerous.Most times, no one can tell you what has been storedor what the original contents of an empty drum were.Take the time to correctly identify the hazards, cleanand purge those hazards and monitor the operation

to prevent surprises. Doing it incorrectly could have explosiveresults!

What employees must know:l Never cut the tops off drums that have contained flammableliquids or flammable gases. Vapors left in the drum may ex-plode!l Do not apply heat to drums that have held chemicals. Thesemay produce poisonous gas and cause serious harm to yourhealthl Make sure that these drums are properly labeled and re-cycled by specialist cleaning companies. A single spark insidean empty drum can set off a massive explosion!l Store empty drums in a well-ventilated place away fromwork areas (bungs removed).l Never weld or grind near any empty drums - SPARKS FLY.l Do not use drums as welding platforms - construct a properwork station.l Correctly label all drums on-site.l Provide information about the hazard. Have MaterialSafety Data Sheets (MSDS) available.

Things to Consider:l What has the drum been used for?l Was it a flammable liquid or gas?l Was it a chemical?l Is there a hazard diamond on the label?l If it is a slop or waste barrel, chances are good you need toleave it alone.

If you answer yes to any of these questionsDO NOT APPLY HEAT TO THE DRUM!!

Keep the drum away from oxy-acetylene torches, nakedflames or sparks from grinding and welding equipment, or anyother source of ignition. Before applying heat to empty drums,thoroughly clean and test the inside of the drums with gas moni-toring instruments, to ensure that there is no chemical residuesor explosive vapors. DON’T be tempted to remove dents usingair pressure without adequate controls. Severe injury can occursince the drums are commonly over-filled and burst.

For more information or to schedule training, call ForestryMutual at 800-849-7788. $AFETY PAY$n

nyone transporting liquids (as listed in the hazardous materials table) as bulk contain-ers with the capacity of 119 gallons or more must register with the Research and Spe-cial Programs Division (RSPD) of the Federal Motor Carrier Safety Administration(FMCSA). Diesel fuel, either off road or highway, is a class III combustible – hazard-ous material. Skid tanks and other tanks whether hauled on trailers, in backs of pick-

ups, on loader frames, haul units or log trailers are subject to these regulations as bulk containersif the tank capacity is over 119 gallons. It does not matter whether a given tank is full or not.

IMPORTANT CHECKLIST:n Any hazardous material that exceeds 119 gallons must be placarded.n Placards must be on the container being transported.n A CDL (class A, B or C) with a Hazmat Endorsement is required if the material has to beplacarded. All DOT commercial driver file records including health card, drug test results, etc.are required.n The size and type of the transport vehicle is irrelevant. If a placard is involved you musthave a CDL and Hazmat Endorsement.n A driver must also have a tanker endorsement if the material exceeds 1,000 gallons.n A hazmat registration must accompany the driver and must be accessible at all times.n Shipping papers must be present.n A MSDS sheet on the material being transported must be present.n Emergency response guide in cab – a guidebook for the driver.

The hazmat registration cost is $150.00 yearly or payment may be made for a three-year term.The registration year runs from July 1, through June 30, of the next year. To register on line, go tohttp://hazmat.dot.gov/register.htm You can register by phone at: 1-800-942-6990. A certificate ofregistration with the current registration number will be sent to you. On the application, you willbe asked to provide a six-digit NAICS number. The NAICS number for timber harvesting is113310. This number is a classification group code registered with the Small Business Administra-tion. You can check the SBA website for a complete listing of codes and size standards. The sitecan be accessed by going to: http://www.sba.gov/size/SIC2NAICSmain.html

Agency source of information: http://hazmat.dot.gov For questions about Hazardous Mate-rials Registration requirements call the Hazardous Materials Center at 1-800-467-4922 E-mailquestions to [email protected] Commercial sources of information: J.J. Keller at http://www.jjkeller.com or 1-800-327-1342 Labelmaster at http://www.labelmaster.com or 1-800-621-5808. Driver initial training is also required for the transportation of hazardous materials includ-ing placarding, shipping papers and spill response. These materials for training can be obtained atthe agency and government sites listed above.

The N.C. Forestry Association provides hazmat awareness training through the DOT Compli-ance Workshop offered through the N.C. Community College System. Contact the NCFA [email protected] or call 1-800-231-7723n

REQUIREMENTS FOR OBTAINING AHAZARDOUS MATERIALS REGISTRATION

By Jo Ann White, Arrants Trucking

new publication from the Southern Pine Council,Managing Moisture and Mold, provides consumers,builders and other industry professionals with thebasic information they need about mold, moistureand protecting wood products. In the Tips for Mold

Control section, readers learn about proper paper wrapping, ship-ping, jobsite delivery inspection, and how to address water dam-age. A separate section is devoted to easy-to-follow instructionsfor cleaning mold. This two-page fact sheet also highlights thekey to preventing mold growth, standard building code require-ments, and the effects of mold on lumber.

“Mold continues to be a high concern among our custom-ers,” says Richard Kleiner, SFPA director of industrial markets.“This new publication will help audiences understand the stepsnecessary to properly transport and store lumber products.”

For a free copy of the publication, contact the Southern PineCouncil at 504/443-4464 and request publication #907 or visitwww.southernpine.com/mold.htm.n

SPC OFFERS THE FACTSABOUT MOLD

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says that ditches are pointsources, irrespective of the sil-vicultural exemption.

Gullies and rills are pointsources, Boyle finds HollyRidge’s “active and purposefulditching of the Morris LandingTract has resulted in erosionalong the ditch banks,” Boylesaid. “The court therefore findsthe gullies and rills that haveformed along the ditches to bepoint sources under the CWA.”

In calling the tract itself apoint source, the judge tooknote of Holly Ridge’s “strongdisagreement” with that posi-tion. But Boyle said the activi-ties involve “clearing, gradingand excavation” and “have im-pacted more than five acres ofland.”

In finding that the ditchingactivities caused a “discharge”under the CWA, Boyle said,



begin the speaking program.Due to other commitments, the Outlast section, which was slated for the af-

ternoon, will move up to the first part of the program to accommodate our Gen-eral Assembly leadership. The Outlast portion will seek to forwardrecommendations on how companies can be competitive in this new global mar-ket. David Ashcraft will share his findings and recommendations from a recentlycompleted joint report of the forest products industry in North Carolina. Ashcraft,in conjunction with the NCFA, gathered the information for this report by com-pleting three information sessions with NCFA members and spending consider-able time collecting data on the industry through the North Carolina Industries ofthe Future program. The final segment of the day will feature the leadership ofthe North Carolina General Assembly. Co-Speakers of the House of Representa-tives Jim Black and Richard Morgan and Senate President Pro Tempore MarcBasnight have been invited to share their views on the findings and recommenda-tions in the NCFA’s report.

The Outwit segment will take a look at what some of the other industries thathave come under the same economic pressures have done to survive in this glo-bal economy. Blanton Godfrey will share the success stories from the textile in-dustry, highlighting what changes that industry has undergone to be morecompetitive. Art Raymond will follow with a perspective from the furniture in-dustry, detailing how those companies that continue to be successful have alteredtheir business operations. Finally, Kelly McCloskey will explain the role the WoodPromotion Network is playing in raising the profile of wood products. WPN isthe first consolidated effort by the industry to promote wood as the choice rawmaterial for consumers through a national advertising campaign.

The NCFA’s Bob Slocum will kick-off the Outplan segment by analyzing theforest resources in the state with a review of the recently completed FIA data,answering the question - What is the condition of the resource? Next, Jim McNuttis uniquely qualified through his different experiences to provide some insightwhere the industry is headed and what to expect from the global market in thefuture. Mike Walden will complete the Outplan segment by explaining the rolemanufacturing plays in the state’s economy and its overall prospects for the fu-ture.

During the speakers’ presentations, there will be an opportunity for spousesand guests to enjoy the Wilmington scenery with a tour of Poplar Grove Planta-tion. The NCFA will also be conducting a silent auction that benefits the PublicEducation Initiative from 8:00 a.m. – 10:00 p.m. on Thursday.

That evening, the NCFA will host a “Casino Night” that will include a deejayand dancing. Members will be able to play a variety of games, and the top win-ners will be able to bid on prizes with their winnings at the end of the night.

The 2003 meeting will conclude on Friday morning with the awards banquetwhich will feature an address from State Treasurer Richard Moore, a NCFA mem-ber. Moore will provide insight to the economic health of North Carolina andshare his views on the NCFA’s report.n

Learn How to be a Forestry Survivor...(from page 1)

Wednesday, October 18:00 a.m.-12:00 p.m. Registration Open8:30 a.m.-11:30 a.m. Board of Directors Meeting12:30 p.m. Timber Hacker’s Golf Tournament, Magnolia Greens, Wilmington12:30 p.m. Deep Sea Fishing Trip, Winner Party Boat, Carolina Beach1:00 p.m. Sporting Clays, Honey Hill Hunting Preserve, Hallsboro4:00 p.m.-6:00 p.m. Registration Open6:30 p.m.-9:30 p.m. Shrimp-A-Roo on U.S.S. North CarolinaThursday, October 2 - Outlast, Outwit, Outplan7:00 a.m.-9:00 a.m. Registration Open7:00 a.m.-8:00 a.m. Continental Breakfast8:00 a.m.- 8:15 a.m. Convene Meeting and Opening Comments (business attire)8:15 a.m.-8:45 a.m. Keith McGough as President Teddy Roosevelt

Outlast8:50 a.m.-9:20 a.m. David Ashcraft, N.C. State University9:25 a.m.-10:30 a.m. Legislative Address (invited) from Marc Basnight, Jim Black,

Richard Morgan10:00 a.m.-2:30 p.m. Guest Program: Poplar Grove Plantation Tour10:30 a.m.-10:55 a.m. Break

Outwit10:55 a.m.-11:25 a.m. Blanton Godfrey, N.C. State University11:30 a.m.-12:00 p.m. Art Raymond, A.G. Raymond & Company12:00 p.m. Adjourn General Session I12:00 p.m.-2:00 p.m. Lunch on Your Own2:00 p.m.-2:45 p.m. Kelly McCloskey, Wood Promotion Network

Outplan2:50 p.m.-3:20 a.m. Bob Slocum, NCFA3:25 p.m.-3:55 a.m. Jim McNutt, Center for Paper Business and Industry Studies4:00 p.m.-4:30 a.m. Mike Walden, N.C. State University4:30 p.m. Adjourn General Session II6:30 p.m. President’s Reception/Casino Night with DeejayFriday, October 38:00 a.m. NCFA Annual Awards Banquet with address from

Richard Moore, State Treasurer (business attire)10:30 a.m. Adjourn 2003 Annual Meeting

AGENDA FOR 2003 ANNUAL MEETING

he fall schedule for theNCFA’s Forestry and Envi-ronmental Camp programneeded to be changed aftera landowner change in

Wilkesboro has postponed that camp un-til next spring. The camps for Ashevilleand Wilmington will go on as scheduled.The camp will be held in Asheville onSeptember 23-25th and in Wilmington onOctober 20-24th.

The Wilkesboro Camp, which hostedthe entire sixth grade in Wilkes Countylast year, had to be postponed after theCorps of Engineers had taken ownershipof Wilkes County Park. The park hadbeen previously owned and operated byWilkes County. The Corps of Engineershas not received clearance because of atechnicality in the law to re-open the parksince taking over ownership. It is pro-jected that the park will be open in thespring.

The camp teaches practical applica-tion of math, science and critical thinking skills through a series of hands-on les-sons and competitions. The students will learn about land measurement,silviculture, ecology, wildlife, dendrology, tree measurement and forest productsand history.

All instructors at the camps receive Category 3 CFE credits. If you would liketo volunteer for one of the camps, please contact Jennifer Grantham at (800) 231-7723.n

WILKESBORO CAMP RESCHEDULEDFOR SPRING - ASHEVILLE AND

WILMINGTON CAMPSARE THIS FALL

existing programs and alternative av-enues of assistance.

Who is Eligible?: Any individual,group, association, corporation, IndianTribe or other legal private entity own-ing at least five acres of non-industrialprivate forest land or land that can beconverted to woodland. Corporationswhose stocks are publicly traded are noteligible. Also, ownerships principallyengaged in the processing of wood prod-ucts and entities principally engaged ina fee hunting operation are excludedfrom participation in FLEP.

Program Limitations: FLEP cost-share payments have been authorized toreimburse landowners approximately40% to 60% of the cost of practice instal-lation, based upon established regionalrates. The maximum amount of FLEPassistance is $10,000 per year, per land-owner and per ownership. FLEP cannotbe used to cost-share practices on landswith an existing Conservation ReserveProgram (CRP) contract, or ConservationReserve Enhancement Program (CREP)or Wetlands Reserve Program (WRP)easement. Cost share funds cannot beused to develop or improve Christmastree, horticultural, nursery, or fruit/nutoperations. A landowner participatingin the program must agree to maintainthe cost-shared practices during thespecified maintenance period (10 yearsfor most practices) or reimburse the pro-gram funds. Landowners cannot starttheir projects until after funding has been

designated for their use and they re-ceive official notification.

Cost-Share Application Process:Before a practice can be approved forcost-share, a management plan thatidentifies the needed practices, specifi-cations, and maintenance requirementsfor the implementation of thepractice(s) must be prepared and ap-proved by the NC Division of ForestResources (for forestry practices), or theNC Wildlife Resources Commission(WRC) (for wildlife practices). Privateforest landowners who wish to partici-pate can complete a FLEP applicationthrough their local County Ranger, Ser-vice Forester, or WRC Biologist.Available Practices:FLEP-2, Reforestation and Afforesta-tion – site preparation, tree planting,and control of competitionFLEP-3, Forest Stand Improvement –prescribed burning, non-commercialthinning, and release workFLEP-5, Water Quality Improvement— Forest land erosion control treat-ments (seeding, mulch, etc.)FLEP-6, Fish & Wildlife Habitat Im-provement – prescribed burning, earlysuccessional vegetation management,non-commercial thinning

For More Information: Please con-tact your local County Ranger. Con-tact information and additional FLEPinformation is available from the DFRwebsite http://www.dfr.state.nc.usn

FLEP Summary...(from page 3)

T

Mike Berziniz of International Paperhelps students with reading a compass atthe NCFA’s Forestry & Environmental

Camp in Wilmington last year.


American Tree Farm System...(from page 1)


he NCFA teamedup with Interna-tional Paper andthe North Caro-lina State High-

way Patrol Motor CarrierEnforcement Section to con-duct voluntary truck inspec-tions at International Paper’sfacility in Riegelwood. A to-tal of 22 trucks were inspectedduring the day.

Since 1997, over 1,000trucks have been inspectedthrough this program. TheNCFA appreciates all the ef-forts of the volunteers whomade the program a success.

The NCFA would like tothank Leon Murph of Interna-tional Paper for his efforts in coordinating the volunteer truck inspections; Tony Caines of CainesTrucking for providing mechanics for the inspections; and Jimmy Stanley for bringing his “chickenbog”and cooking for the event.n

VOLUNTARY TRUCK INSPECTIONSTAKE PLACE AT RIEGELWOOD

The NCFA’s Voluntary Truck Inspections program visitedInternational Paper’s Riegelwood Mill in August.

T

he Bush adminis-tration hasreached a settle-ment with thetimber industry

over its challenge to theNorthwest Forest Plan. Ad-ministration officials havebeen vocal about their plans toresurrect cutting in the region,but they put the pledge onpaper in a legal settlementfiled in federal court in Augustin Washington, D.C. Theagreement ties together a se-ries of other recent administra-tion steps to accelerate loggingby curtailing environmentalreviews and appeals of timbersales.

Under the settlement tolawsuits originally brought in1994, the Bureau of Land Man-agement (BLM) agreed thattimber production is the pri-mary purpose of the 2.2 mil-lion-acre checkerboard of

BUSH COMMITS TO INCREASED TIMBERCUTTING ON NATIONAL FORESTS

T

n August, the U.S. Forest Service has exhausted its firefighting budget at a time thatmore than two dozen large wildfires are raging in the West. The agency has beguntransferring money from other accounts — including fire prevention projects — tocontinue putting out fires.

The Forest Service announcement comes less than a week after Congress rejectedPresident Bush’s request for $289 million in emergency spending to fight wildfires. Bush had re-quested the money — which would supplement $578 million already allocated for firefighting bythe Forest Service and Bureau of Land Management — as part of an emergency spending bill fornatural disasters. Pressured by record federal deficits and eager to leave town, the House Repub-lican leadership cut out the wildfire money before leaving on summer recess July 25.

The Forest Service said it expects to spend at least $773 million on firefighting this year, about$355 million more than allocated in the current budget. The Forest Service spent more than $1.4billion in 2002, one of the worst fire seasons on record.n

FOREST SERVICE EXHAUSTSFIRE FIGHTING BUDGET

I

federal timberlands in West-ern Oregon known as theO&C Lands. The lands pro-duced one billion board feet oftimber before the NorthwestForest Plan went into effect.

The document requiresthe U.S. Forest Service andBLM to seek enough fundingand make “their best effortsevery year” to sell 1.1 billionboard feet of federal timberannually starting in 2005.That’s the amount the Clintonadministration estimated theagencies would sell when itreleased the sweeping North-west Forest Plan nine yearsago. Last year, the federalagencies only offered 428 mil-lion board feet.

The settlement has beensigned by attorneys for theAmerican Forest ResourceCouncil, the O&C Countiesand the federal government. Itmust still be authorized by

U.S. District Judge ThomasPenfield Jackson in Washing-ton, D.C.

Jack Ward Thomas, wholed teams of scientists whodeveloped the foundations ofthe plan, recently issued a re-port for the Forest Service say-ing the plan has failed to meetthe promises made to timbercommunities of a dependable,though reduced, supply oflogs, while also failing to al-low the thinning projects nec-essary to reduce fire dangerand promote old-growth for-est characteristics in youngerstands.

The settlement says fed-eral foresters will offer 805million board feet of woodfrom the roughly 4 millionacres of land open to loggingin the Northwest ForestPlan.n

representation from tree farm-ers, state associations, consult-ing foresters, state forestryagencies, loggers and indus-try.

The plan calls for all treefarms that have not been re-inspected since 1993, which isa ten-year period, to be re-moved from the system. Alltree farms that have been in-spected in the past five yearswill remain in certified statusand all those tree farms thathave not been inspected in thepast 6-10 years will remain inthe system, but in Member sta-tus. These tree farmers willhave from one to five years,depending on the date of theoriginal inspection, to sched-ule a re-inspection to regaincertified status.

The impetus behind thisedict is the current state ofcommunication within thetree farm system where thesystem administrators arefaced with the challenge ofkeeping track of landownersand their lands. This newpolicy encourages landownerswho wish to be labeled as treefarmers to take a more activerole in maintaining contactwith the predominately vol-unteer administrators of theprogram. It will also effec-tively clear the tree farm da-tabase of all non-activemembers, freeing up tree farmvolunteers to inspect and cer-tify those landowners whowant to be tree farmers andremain active participants.

In North Carolina, for ex-ample, the tree farm programstopped operating in the early1990’s. At that time, the pro-gram boasted some 2,500 treefarmers. When Co-DirectorsDave Woodmansee who is re-tired from Georgia-Pacific andAl Weller who is withWeyerhaeuser along with sec-retary/treasurer CatherineMertz who is with Interna-tional Paper embarked on res-urrecting the program, theywere faced with the unenvi-able task of updating a data-base that had been dormantfor 10-plus years.

“I fully support this newmeasure by American TreeFarm,” stated Woodmansee.“This will clear the slate for usin North Carolina, freeing usup to reach out and servicethose landowners who wantto be active members of theNorth Carolina Tree Farmprogram. It really shares theresponsibilities that come withthe program equally betweenthe landowner and the NCTree Farm program. This is areal positive step forward andwe hope landowners will take

advantage of it by contactingus.”

To meet the demands anddeadlines, North CarolinaTree Farm has divided thestate into the same 13 districtsthat the North Carolina Divi-sion of Forest Resources uti-lizes to cover the state. Eachdistrict has a coordinator whois responsible for coordinatingwith the Tree Farm Inspectorsin his district, reviewing com-pleted inspections and ensur-ing that Tree Farms in thedistrict are re-inspected on afive year cycle.

In order to open the linesof communication, in the sum-mer of 2001 the North Caro-lina Tree Farm Committeesent out 2,500+ letters withreturn post cards included.More than 800 post cards werereturned. The majority of thepost cards indicated an inter-est in the program while asmall portion of landownersasked to be removed from thedatabase since the land was nolonger in their possession orunder the same land use.North Carolina Tree Farm hasfollowed up with re-inspec-tions of nearly 350 Tree Farmsto date with most being re-cer-tified.

The financial impact ofthis new policy could carrysignificant weight in stateswhere the database has notbeen kept up-to-date such asNorth Carolina. The NorthCarolina Tree Farm programreceives funding through theAmerican Tree Farm System.In a pass through fundingplan, American Tree Farm re-ceives funds through grantsfrom the American Forest &Paper Association, the U.S.Forest Service and otherswhich is then passed on to theindividual states based on thenumber of tree farms in thestate. The amount of moneyper tree farm is formulated bydividing the tree farm fundsby the total number of treefarms in the nation.

Currently, North Carolinareceives roughly $7,000 basedon 2,500 tree farms. At theconclusion of this year, thatnumber will drop significantlydue to the new policy.Woodmansee and others hopethat this dramatic drop in thenumber of certified tree farm-ers will not mean a propor-tional drop in funds since thetotal number of tree farms willdrop dramatically as well.

“The total number of treefarms nationally will drop atthe end of the year,” statedWoodmansee. “We reallydon’t know right now what


American Tree Farm System...(from page 6)

Member ........................................ City, State .............................................. SponsorAcme Face Veneer Co., Inc. ........ Lexington .............. Breeden Insurance ServicesGraham Auman ........................... Raleigh ..............................................J.M. AumanBCM Products .............................. Haw River .............................................................Byrds Logging .............................. Boone .............................................. Mike AdamsMary Beth Hanson ....................... Bolton .....................................................................Denny Lanier ................................ Wallace ..........................................Doug DuncanChris Miller ................................... N. Wilkesboro ...... Casey & Company ForestryJeremy W. Rhodes ....................... Four Oaks .............................. Gerald W. RhodesSouth Mountain Forestry ............ Morganton ...... Wood Products Intermediaries

the full impact will be on pass throughfunding for North Carolina in the fu-ture, but we know we will probablyexperience some reduction due to dropin Tree Farms in the state,”Woodmansee said.

Woodmansee points out that re-gardless of the end result, the moneyreceived from The American TreeFarm System is only meant to cover theprogram’s most basic needs at the statelevel.

“The grant money we receive fromTree Farm has always been designedjust as seed money,” statedWoodmansee. “It is our goal to growthis program with our landowners,sponsoring agencies and associationsand industry to return NorthCarolina’s Tree Farm program back toits proper standing in the AmericanTree Farm System.”

In addition to purging its databaseof non-participating tree farmers at theend of 2003, The American Tree FarmSystem has also indicated that newstandards for its certification processwill be put in place in the future. Thestandards, which are scheduled to berolled out early in 2004, are the resultof a third party pre-audit that theAmerican Tree Farm System under-went last year. The pre-audit foundthat the standards needed to be revisedif the American Tree Farm System wasto stand up to certification scrutiny.All tree farms that have been inspectedin the past five years will begrandfathered into these new stan-dards.

“The standards really have notchanged dramatically,” statedWoodmansee. “The original tree farmlanguage was somewhat soft. The newstandards do not allow any wiggleroom. Instead of the words - a land-owner shall - it will now read - a land-owner must. I would say that everytree farm that has been inspected in thepast five years would meet the require-ments of the new standards with littledifficulty.”

This revised policy will comple-ment the mutual recognition agree-ment that American Tree Farm hasmaintained with the Sustainable For-estry Initiative (SFI). The SFI systemrecognizes the American Tree FarmSystem as a legitimate certification sys-tem for non-industrial private forestsin the U.S. ATFS in turn recognizesSFI as a legitimate certification systemfor industrial forest properties and oth-ers in the U.S.

“Certification is really not a majordeal yet in the U.S., but it could verywell be in the future,” statedWoodmansee. “In Europe, it’s a bigdeal right now. Some companies willnot purchase a product that is not cer-tified. This can be critical to big com-panies, but smaller, family-typeoperations can also develop niche mar-kets by procuring their raw materialsfrom certified lands.”

Obviously, there are several promi-nent challenges on the horizon for theprogram both at the state and nationallevel. Woodmansee believes that themost pressing challenge for NorthCarolina comes back to the task ofreaching out to the state’s landownersin an efficient and effective manner.

“We have already updated ourdatabase to the best of our abilities,”explained Woodmansee. “We havetrained more than 300 foresters to serveas inspectors. Now, we need to publi-cize our program so we can start hear-ing from landowners directly. If thathappens, we can get out on the groundthis fall and conduct as many re-inspec-tions as possible of the tree farms weknow were once active. It will not bean easy task, but this type of outreachis exactly what The American TreeFarm System is all about. Tree Farmhelps landowners to do a better job ofmanaging their lands and making thembetter stewards of the land in the pro-cess.”

Since the North Carolina Tree Farmprogram is an all-volunteer organiza-tion, it is still the best certification dealon the block in terms of costs and ben-efits for landowners. There is no chargeto the landowner for Tree Farm certifi-cation. Landowners can earn tree farmstatus for their lands simply by mak-ing a phone call to North Carolina TreeFarm. A tree farm volunteer forester,state forester or consulting forester canhelp develop a management plan tomeet the standards, if one is needed,and a tree farm inspector will make avisit to enroll the lands into the pro-gram.

If you are interested in learningmore, you can contact DaveWoodmansee ([email protected]), Al Weller ([email protected]), Catherine Merz(catherine.merz @ipaper.com) or anymember of the NC Tree Farm Commit-tee. You can call Al Weller at (252) 948-2744.n

FLEP: Education, Technical Service and Cost-Share Programs to EnhanceNorth Carolina’s Forests - Coastal Plain SessionOctober 9-10, 2003 - Tarboro, NC: Timber Stand Improvement and Crop TreeManagement (10.5 CFEs)Contact: [email protected] (919-515-9563), Further Information:www.ncsu.edu/feop

Intermittent and Perennial Stream Identification for Riparian Buffer RuleApplicationsOctober 26-29, 2003 - Comfort Inn, Lenoir, NC (15.5 CFEs)Contact: [email protected] (919-515-9563), Further Information:www.ncsu.edu/feop n

UPCOMING WORKSHOPS

“The fact that the sediment or other pollutants may have originated in the samewaters into which they are later added does not prevent this addition from beinga ‘discharge’ for purposes of the CWA.”

An impoundment lake also is a “water of the U.S.,” according to the decision.“The ‘pond outlet drainage way’ depicted on defendants’ SW-1 map creates

a direct surface connection between the lake and Stump Sound and transformsan otherwise isolated lake into an impounded tributary of a traditional navigablewater,” Boyle said. “Because any pollutant or fill material discharged into the on-site lake could reach Stump Sound via the drainage way and degrade the qualityof a traditional navigable water, the ‘significant nexus’ required for jurisdictionunder SWANCC is clearly present in this case.”n

North Carolina Judge Rules That Ditches...(from page 4)

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september 2003 - north carolina forestry...

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