alberta land trust 2009 03 1 of 6-baseline documentation

Prepared by: Sue Michalsky, Paskwa Consultants Ltd., Tel: 306-295-3696 Email:[email protected]

MODULE #1

Baseline Documentation Report

Training Module

April 2010

This project is made possible through a grant from the Alberta Real Estate Foundation

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Baseline Documentation Report Training Module

Learning Outcomes:

1. Understand the critical importance of completing a Baseline Documentation Report

(BDR)

2. Understand the differences between BDR requirements for Conservation Easements

and Fee Simple properties

3. Be able to determine the components and data/information required in a BDR and

the BDR file based on the type of agreement, land use and ecological values

associated with a property.

4. Understand when BDRs should be prepared

5. Determine who should complete the BDR

6. Determine where and how to store the BDR file

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GLOSSARY

Affirmative obligations - A clause in the restrictions section of the conservation

easement that requires the landowner or the land trust to conduct management in a

certain manner or to meet a certain goal.

Baseline Documentation Report - The legal record of the site and condition of the

resource; included in the easement or deed package. BDRs are also referred to as

baseline inventories or baselines.

Conservation Easement - A legal agreement between a landowner and a qualified

conservation organization or government agency that limits a property's uses in

order to protect the property's conservation values. It is a voluntary, written

agreement that is registered on title to the land in Alberta in accordance with the

Alberta Land Titles Act. It binds current and future owners of the land.

Compliance - Being in accordance with the restrictions and property management

principles listed in the conservation easement agreement.

Due diligence - The conduct that a land trust can reasonably be expected to exercise

to protect the public interest (i.e., the conservation value) of a property.

Ecological Gifts Program - The Ecological Gifts Program is a federal income tax

incentive program administered by Environment Canada that offers tax incentives

to private and corporate landowners. An Ecogift is a donation to a conservation

charity of land or an interest in land (such as a conservation agreement) that has

been certified as "ecologically sensitive" according to specific national and

provincial criteria.

Fee Simple Interest - Ownership of all rights, title, and interest in a property.

Grandfathered - An exception to a restriction that allows all those already doing

something to continue doing it even if they would be stopped by the new restriction.

Management plan - A fully researched, structured, and formally approved strategy

including a set of actions for the long-term maintenance or enhancement of

conservation values on a property.

Monitoring - The act of observing and keeping a record of the activities and

conservation values associated with a conservation property.

Property Management Principles - Sets of guidelines written into the conservation

easement agreement that direct property management on a conservation easement

property (may also be called affirmative obligations).

Real Property Report - A legal document that clearly illustrates the location of

significant visible improvements relative to property boundaries.

Restrictions - Terms or conditions placed in the conservation easement agreement

that restrict certain uses of the property by current and future owners.

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Violations - Breaking, breaching or contravening the restrictions and affirmative

obligations outlined in a conservation easement agreement to the detriment of the

conservation values of a property.

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BACKGROUND

The purpose of a baseline survey or baseline documentation report (BDR) is to

document the conservation value of a property at the time of securement, detail

current land uses and existing developments, and threats and impacts to

conservation values. It provides a common reference point for future inspections.

This purpose is similar for conservation easement properties and for fee simple

conservation properties. However, the goals for completing baseline documentation

reports differ between conservation easements and fee simple properties and

therefore, the content of the documents should also differ.

The baseline documentation report for a conservation easement property serves as

the basis from which to monitor compliance and defend the conservation easement

(CE) in a court of law. It also provides the basis to ensure a successful partnership

between the conservation easement holder (the land trust) and the conservation

easement grantor (the landowner).

The baseline documentation report for a fee simple property serves as a basis for

future management actions designed to protect and enhance natural features.

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WHEN SHOULD THE BDR BE COMPLETED?

BDRS FOR CONSERVATION EASEMENTS

Baseline reports associated with conservation easements should be completed prior

to closing the agreement, but after the landowner and land trust have agreed on the

restrictions and property management principles. The timing of the BDR in the case

of CEs is important for a number of reasons including:

• The BDR documents the existing condition of the property at the time that all

parties enter into the CE agreement. If the BDR is completed prior to signing

the agreement, both parties have a chance to review it and agree to the

content as part of the commitment to the CE. Disagreements on the content

of a BDR that is completed after signing the CE agreement can lead to

mistrust between parties to the agreement and may ultimately put the

conservation of the property or the conservation easement agreement at

risk.

• Violations of the CE that occur shortly after signing may be difficult to prove

if the BDR is not completed before the violation occurs.

It is sometimes difficult to complete a BDR before signing if funding deadlines and

schedules dictate that the CE must be completed before the field season. In this

case, it is common for land trusts to complete an interim report and finalize a BDR

over the following year. The interim report should, at minimum, document

information relating specifically to the restrictions of the CE, including land uses and

developments.

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BDRS FOR FEE SIMPLE PROPERTIES

The timing of completing baseline documentation reports is less critical for fee

simple properties than for CE properties. The BDR for fee simple properties is an

inventory of the natural and cultural features of a property that form the basis and

rationale for future management. Therefore, the BDR needs to be completed prior

to a management plan. BDRs for fee simple properties should be completed prior to,

or within one year after the property is secured. The rationale for this guideline is

to minimize threats to the conservation values of the property. For example, if a fee

simple property has exotic plants when secured, the invasions should be

documented immediately so that rapidly expanding populations can be managed

before they degrade the conservation value of the property.

The timing of the BDR for fee simple properties is less critical for due diligence than

BDRs for CEs. If funding is limited, the baseline documentation can be done in

phases, dealing with the most critical issues first and documenting resources that

require less urgent management when funds become available.

If the property secured is part of more than one contiguous property to be

purchased over the space of a few years, it may make sense to postpone completing

the BDR until all properties can be surveyed together.

Baseline documentation may actually form part of the management plan report and

in this case the land trust may not refer to the document as a ‘baseline

documentation report’ . However, the information gathered would be the same as a

BDR.

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WHO SHOULD COMPLETE THE BDR?


The template or outline of desired content for a BDR should be set as a standard

operating procedure by a land trust. As such, this guiding information should be

determined by the stewardship team. The stewardship team may include any

combination of stewardship staff, board members, senior staff, and/or legal

advisors.

Baseline documentation reports are one of the most critical documents prepared in

association with a CE. It is the key document used to defend the CE and, as such,

must be able to withstand inspection in legal proceedings. In addition, it is the main

document used to protect conservation values; it is the basis for monitoring and the

basis for recommending management actions to prevent degradation to

conservation values; and it provides new staff, volunteers and landowners with the

background information necessary to continue a successful conservation

partnership.

Because of the critical nature of the BDR, land trusts can increase their due diligence

by having the document prepared by a qualified registered professional. Depending

on the type of conservation values and land uses of the CE property, land trusts

should consider obtaining the services of professionals registered to practice in

Alberta such as a professional biologist (P. Biol.), a professional agrologist (P. Ag.) or

a professional forester (RPF) to complete the baseline. Which type of profession to

select will depend on the type of landscape and the restrictions associated with the

CE agreement.

Professional organizations are established to protect the public interest and

conservation values are a public interest. Hiring qualified professionals, whether

they are staff or contractors, to complete the BDRs increases a land trust’s due

diligence by providing the following advantages:

• Professional associations which are legislated to register natural resource

professionals in Alberta ensure that their registered members meet a

minimum level of education and require members to undertake continuing

education programs to maintain competence,

• The land trust has some recourse through the professional organization if

serious errors are made in the baseline documentation that threaten the

public interest,

• The professional designation of the author lends credibility to the BDR if the

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CE must be defended in court, and

• Registered professionals are often considered to be credible witnesses in

legal proceedings because they are publicly recognized as having at least a

minimum level of expertise.

It is also good practice for the landowner to be involved in baseline documentation.

At minimum, the land trust should work with the landowner to determine the

content of the report and the landowner should be interviewed regarding current

and past land uses. The landowner should also be invited to provide additional

information that they feel is relevant, to participate in the gathering of baseline

information and to review the draft BDR. Involving the landowner in the baseline

documentation serves two purposes: it establishes a positive working relationship

between the land trust and the landowner at the onset of the CE and it helps educate

the landowner about the conservation value of the land and may contribute to the

landowner’s commitment to its protection.


Since baseline documentation for fee simple properties serve the primary purpose

of describing the condition of conservation values with future management in mind,

a variety of expertise is often required. Because the conservation values of fee

simple properties are less likely to require defence in a court of law, it is less critical

to obtain the services of a registered professional to complete the BDR. However,

land trusts conserve natural capital for the benefit of Albertans. The legislation

enacted to support the registration of professionals exists to ensure a high quality of

service from professionals registered to practice their profession in Alberta.

Therefore, a team of experts led by a registered professional would be desirable to

ensure a publicly recognized, minimum level of expertise and the completion of the

work to a professional standard. In Alberta, professional organizations exist for

virtually all natural resource management professions.

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WHAT ARE THE CRITICAL COMPONENTS OF A BDR?

The contents of BDRs will differ substantially between CE and fees simple

properties, between fee simple properties managed for different resources or

purposes and between CE properties with different restrictions and different land

uses. The following sections provide guidance for the content of BDRs for CEs and

for fee simple properties, but the potential for variation in content means that not

all potential content can be addressed here.

Some basic content will be common to BDRs for both CEs and fee simple properties.

These basic topics include location and legal description of the property, a

description of natural features emphasizing the conservation values specific to that

property, documentation of current developments and current land uses, and a

discussion of potential threats to the property.


The content of a BDR for conservation easement properties must be tailored to the

CE agreement and the conservation values of the property. The content needs to

meet the following goals of the land trust:

1. The BDR is the basic document used to defend the easement, therefore it

must address each restriction or affirmative obligation agreed to in the CE;

2. The BDR provides the basis against which future monitoring is completed.

To facilitate monitoring, the baseline needs to describe the conservation

values, developments and threats associated with the property using detailed

locations, measurements and descriptions;

3. The BDR is a snapshot of the conservation values and condition of the

property at the time of entering into the CE agreement. Therefore, it provides

an overview of the property that can be used to familiarize new staff, board

members and new landowners with the conservation values of the property

and how the conservation agreement protects those values;

4. The BDR may be used to design communication material about the property.

In this case, it is important that the BDR document the significance of the

property. Photographic images used in the BDR should not be edited for any

purpose.

In addition to the basic contents of a BDR as previously described, CEs should

contain the following information:

• The purpose of the BDR;

• A summary of the CE agreement including the intent of the agreement (what

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conservation values are being protected); the easement restrictions; and the

affirmative obligations (or property management principles) identified in the

easement;

• A detailed description of all developments (e.g., fences, buildings, corrals,

roads and trails, cleared or cultivated land, etc.) on the property with

particular emphasis on those that are grandfathered into the CE. An example

of a grandfathered development would be the residence of the landowner.

Because the residence already exists at the time of entering into the

conservation easement agreement, it is a development that can stay and be

maintained and replaced. However, additional residences would be

restricted under the CE agreement. The descriptions of developments should

include GPS locations, measurable descriptions (i.e., lengths, heights,

distances, materials used etc.), photos and be shown on a map or air photo of

the property;

• An assessment of the condition of resources that are addressed by

affirmative obligations. The assessment should use methods that are

standard and repeatable. For example, if an affirmative obligation addresses

riparian health, riparian health should be assessed in the BDR using standard

Alberta protocols for the health assessment;

• A signature page for acknowledgement by both the landowner and the land

trust;

• An appendix containing a copy of the CE agreement;

A real property report should form part of the BDR and/or the CE agreement. Real

property reports are legal documents prepared by accredited Alberta land surveyor

that shows improvements to land in relation to the legal boundary. Such reports are

useful in defending easements and in discussions with new owners of properties

with existing CEs.

The complexity of a BDR for CE properties will depend primarily on the complexity

of the CE agreement and somewhat on the size and diversity of the property. In

simple terms, the fewer the number of restrictions, the less baseline documentation

is required. For example, a no break/no drain CE requires only a map or remote

image of the property showing wetlands and natural habitat and description of the

natural features of the property.

When restrictions are added that, for example, restrict certain types of fencing, the

introduction of non-native species or off highway vehicle use, the baseline

documentation becomes more complex and must describe in detail the existing

fences, existing non-native species presence and evidence of current and historic off

highway vehicle use. The BDR must also indicate what existing developments, land

uses and invasions are grandfathered into the agreement or what level of existing

disturbance from use by the landowner is acceptable.

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When affirmative obligations are added to a CE agreement, baseline documentation

becomes even more complex. For example, adding a property management

principle that requires a certain level or range or riparian health will require that

the land trust assess and document current health.

The Land Trust Accreditation Commission in the US describes the content for

minimum standard BDRs and for desired content BDRs for CE properties as follows:

Baseline Documentation Report – Minimum Contents

At a minimum, a baseline documentation report should contain the items below.

• The date of completion.

• Documentation (such as maps, photographs, and written summaries) of the

conservation values protected by the CE.

• Documentation (such as maps, photographs, and written summaries) of

existing conditions that relate to the easement's restrictions and reserved

rights. This may include the location and condition of any manmade

improvements, data that would influence the exercise of reserved rights, pre-

existing conditions that are otherwise prohibited by the easement and/or

other features that may threaten the conservation values.

• A combination of dated signatures and/or acknowledgments that would

make the material admissible as a business record in court, such as dated

signatures of parties.

Baseline Documentation Report – Desired Contents

A desirable baseline documentation report might also include the items below.

• A title page stating that the document is a baseline documentation report.

• Background information on the project that would help in easement

monitoring or enforcement.

• Information on the location of the easement.

• A property description.

• Documentation of the public benefits provided by the CE.

• The authorship and qualifications and/or experience of the baseline.

• A statement signed by the landowner and the land trust that attests to the

accuracy of the information contained in the report.

Appendix A outlines a template for BDRs for CEs and provides options for a range of

complexity. Appendix C contains a sample baseline documentation report for CEs

from the Foothills Land Trust.

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The content of a BDR for fee simple properties must be tailored to the future

management of the property and may, as such, form part of a management plan for

the property. The content needs to meet the following goals of the land trust:

1. The BDR provides the basis and rationale for future management of the

property and therefore, needs to describe the current condition of the

property, outline existing threats, and make recommendations for

restoration and management actions;

2. The BDR provides the basis against which future monitoring is completed. To

facilitate monitoring, the baseline needs to describe the conservation values,

developments and existing and potential threats associated with the

property;

3. The BDR is a snapshot of the conservation values and condition of the

property at the time of securement. Therefore, it provides an overview of the

property that can be used to familiarize new staff, board members and new

landowners with the conservation values of the property;

4. The BDR may be used to design communication material about the property.

In this case, it is important that the BDR document the significance of the

property.

While it is often sufficient to describe conservation resources in a general manner

for a CE, it is often desirable to inventory those resources for fee simple properties.

Land trusts are responsible for the management of fee simple properties and

whether management is undertaken by staff or volunteers, some sort of plan must

exist to guide management and monitoring activities and any uses of the property.

Assuming the primary goal of managing land trust properties is to maintain and

enhance the conservation values, it may be necessary to inventory the conservation

values in some detail. It is also necessary to assess the condition or health of those

conservation resources. In addition, it is desirable to identify and assess the threats

to conservation values.

Appendix B outlines a template for BDRs for fee simple properties and provides

options for a range of complexity. Appendix D contains a sample baseline

documentation report and management plan for a fee simple property from the

Alberta Conservation Association.

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HOW SHOULD BASELINE DATA BE COLLECTED?

Baseline information can be obtained from a variety of sources. Data may be

available from the Alberta Natural History Information Centre, various departments

of Alberta Sustainable Resource Development or local government. The landowner

is often a valuable source of information about the land, especially in terms of

information about current and historic land use. Of course, the best source of

information is the land itself and data is usually best collected during a site visit. Site

visits provide the best information during the growing season when plants are best

identified and migratory wildlife is present.

Baseline information gathered prior to field work would be gathered from

databases, aerial photographs, orthophotos, satellite imagery, and other maps and

reports. Maps and remote images are typically used in a BDR to visually display

information such as land use or vegetation communities. In these situations, it is

important to determine and document the date and time of year the imagery was

taken, and the accuracy or resolution of the imagery. Dates are also important for

information collected from databases, maps and reports.

In the field, information can be collected in the form of photographs and surveys.

Photographs are most often used to document items that rarely change or change

slowly such as developments such as fences, buildings, roads and trails, dams and

dugouts, drainage ditches, shelterbelts or habitat improvements. Photographs can

be used to effectively document archaeological and historic resources. Photographs

are also effective when used in combination with surveys to document

representative vegetation communities, waterbodies, range and riparian health and

invasive plants.

Photographs are very useful in BDRs associated with CE agreements to describe

developments exempted from the restrictions or for which permission was granted

for periodic replacement such as corrals and fences. Photographs allow for

comparison between original and replacement developments. Detailed descriptive

measurements (location from a global positioning system, heights, widths, materials

etc.) should also be recorded for these types of developments.

Surveys are used to measure or inventory conservation values, such as vegetation

communities, that cannot be distinguished using remote imagery. Inventory

methods that allow for remeasurement and comparison between years are

desirable for a BDR for fee simple properties. Survey protocols exist for

inventorying many components of biodiversity such as most fish and wildlife

species, rare plants, and vegetation or habitat mapping. Protocols also exist for

inventories of archeological resources, invasive plant species, water quality and

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range and riparian health. Using defined and remeasurable methods of inventory

and assessment allow land trusts to measure the success of restoration and

rehabilitation projects, to monitor and adjust land uses such as grazing or

recreational uses to ensure conservation values of the property are not degraded,

and to monitor conservation values such as species at risk to ensure conditions

remain suitable to support them.

If portions of a parcel of land have been kept out of a CE agreement or in cases

where different restrictions or affirmative obligations apply to different parts of the

property, delineations of property should be measured on the ground and described

in the BDR using a method acceptable under the Alberta Land Titles Act, or it should

be surveyed by a professional surveyor.

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WHERE SHOULD THE BDR BE STORED?

Land trusts should have a designated location and an established filing system for

hard copy baseline documentation. BDRs should be stored in both electronic and

hard copy format as a hedge against a permanent loss of one format. Electronic

versions of the BDR should be stored in a designated location within the land trust’s

digital files. Electronic versions of BDRs should be available online to land trust staff

(stewardship, communications and fundraising), volunteers and board members.

However, public access to BDRs, especially BDRs associated with CE properties,

should be restricted.

Land trusts should consider having CE and fee simple donors sign a gifting

agreement that clarifies the donor’s intent. A copy of the gifting agreement should

be kept in the BDR file for review by future staff , volunteers or board members.

The original version of a BDR should never be changed. It may be necessary to

undertake a new BDR or to update the original in the event that the land is altered

or components become outdated, but these should form reports separate from the

original. Electronic versions of BDRs and updates that are available to land trust

representatives should be in an unalterable form such as a secure pdf.

A section detailing data storage and archiving best management practices is

included in the training module entitles Stewardship Best Practices.

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ADDITIONAL RESOURCES

The Baseline Documentation Report (BDR): A manual to assist in the

preparation of BDRs for natural heritage properties and natural heritage

conservation easement agreements in Ontario. 2006. Ontario Heritage Trust and

the Ontario Land Trust Alliance.

LTABC Guide to Baseline Inventories. 2006. Land Trust Alliance of British

Columbia. http://www.landtrustalliance.bc.ca/research.html

Conservation Easement Stewardship. 2008. Standards and Practices Curriculum.

The Land Trust Alliance

Real Property Reports. 2009. Alberta Land Surveyors’ Association

http://www.alsa.ab.ca/uploads/files/PDF/ALSARPRBrochure.pdf

The Conservation Easement Handbook. 2005. 2nd Edition. Elizabeth Byers

Karin Marchetti Ponte. Land Trust Alliance and The Trust for Public Land

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APPENDIX A: BASELINE DOCUMENTATION REPORT

TEMPLATE FOR CONSERVATION EASEMENT PROPERTIES

The volume and specificity of information required by the baseline documentation

report will vary depending on the terms of the easement and the conservation

objectives at the site. The intent of this format is to allow flexibility in the

documentation technique and to correlate the quantity and nature of the

documentation to the terms of the easement.

Title Page: Name of easement property (as the land trust has it filed), date of BDR,

author(s) and their affiliations.

Purpose of the Baseline Documentation Report: This states the intent of the BDR – to

document the condition of the property at the date the CE is registered. BDR may be used to

defend the CE in the event of future violations.

Purpose of the Conservation Easement: This sets the stage for the report, and

summarizes the purpose of protecting the property (i.e., significance of the land and the

conservation goals). Include a summary of reserved rights and restrictions. Defining the

conservation objectives for a property requires consideration of a number of factors such

as:

• the ecological values to be protected, including the variety of ecosystems on the

property, the type and extent of sensitive ecosystems, and unique and sensitive

ecological features;

• why and how the ecological values are to be protected and for how long;

• the motivation of the landowner in protecting the property; and

• the conservation priorities of the organization.

Property Background Information:

A. Legal description of the property . Description of relevant title

encumbrances (easements, rights-of-way, leases, licenses, water rights

etc.)

B. Size of property and /or easement area.

C. Location of property and directions from land trust monitoring office.

Description of legal access to the land or right of access granted to the

land trust.

D. Date of site visit.

E. Historical information on the donation/acquisition – a brief

chronological description of events that led to the protection of the

property.

Location and Physical Setting: General description of the landscape and surrounding area,

including adjacent land use.

Existing Human Modifications: Provide detailed descriptions, measurements and

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locations.

A. Existing structures – residences, accessory structures, commercial

buildings, docks/floats/piers, walls, fences, seasonal storage, bridges,

boardwalks, aboveground utility lines and corridors, junk/refuse,

recreational facilities, aquaculture facilities, etc.

B. Existing surface alterations – pipelines, irrigations systems, dikes/

dams/ impoundments/ diversions, roads/trails, dugouts/wells, gravel

pits/mines, subsurface utilities, septic, waste disposal, etc. within the

easement area.

Prior Land Use: Obtain information from the landowner on history of property and its past

land use, if available.

Existing Land Use:

A. Landowner’s objectives for the property.

B. Present land use (agriculture, forest management, wildlife management)

along with copies of any existing management plans (e.g., forestry plans,

prescribed burning plans, agricultural conservation plans, stewardship

plans, etc.). Obtain copies and include as an Appendix to the BDR if

available.

C. Zoning on or around the land.

D. Adjacent land uses.

Natural Features:

A. Note any natural heritage areas and element occurrences.

B. Note aquatic resources, including location of streams, water bodies and

wetlands and general condition of water quality. If property is grazed,

logged or is subject to intensive recreational uses, consider assessing

riparian health.

C. Note terrestrial features, including soils, geology, physiology and

climate.

D. Vegetation community types (e.g., native grasslands, wetlands, riparian

areas, forests, shrublands, tame forages, cropland etc.) delineated on a

map or remote image (If there are rare natural communities, note

specific locations. Note presence of any non-native invasive plant

species, if known. Note specific locations of both on site maps). General

lists of predominant plants.

E. Wildlife species habitat and general species list.

F. Species at risk habitat (If there are known species at risk present,

identify specific habitat types and locations).

G. Note special status of any of the site’s natural features.

Cultural Features: Note any significant archaeological, cultural and/or historical features

on property.

Threats: Note any potential impacts to the conservation values from disturbances or

activities on, or adjacent to, the property (e.g., access issues such as from energy

development; garbage dumping; stray animals; invasive species; evidence of off highway

vehicle use etc.).

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Monitoring Recommendations: The BDR should recommend what to monitor, the

frequency of monitoring needs, and recommended methodology.

References and Additional Information: Provide reference to planning documents and

studies that include the property or general area.

Photographic documentation: This is a photographic record of the protected property

that is periodically updated. This section should include photos that are easily replicable

(from roads or permanent features, or using GPS waypoints).

A. Photos should be numbered and a compass direction should be included

to note the direction the photo was taken.

B. Include captions or a photograph index with descriptions.

C. Include photographs of manmade structures, representative vegetation

communities, and existing impacts to the property.

Maps:

A. Photo documentation map (note location of all photopoints).

B. Road map, general location map for directions to property.

C. Current aerial photo or satellite image of property (including boundaries

marked).

D. Topographical map of property (with boundaries marked).

E. Map identifying human modifications and improvements (it is important

to show the entire length of linear features such as

roads/trails/pipelines etc.).

F. Map of easement area within property (if different) or a map

highlighting areas with specific restrictions (i.e., riparian buffer areas,

rare species habitats).

G. Stand maps or forest type maps, or farm maps, if available.

H. Map of natural communities.

I. General soils map.

Appendix: Copy of the signed, recorded easement document

Signed Copy of Owner Acknowledgement of Condition (Property Condition

Certification form): This document acknowledges that the landowner agrees with the BDR

and the condition of the property at the time an easement is placed on the property. The

document may also used as a schedule to the Conservation Easement and copies should be

signed by the landowner and land trust at closing.

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The following table outlines the general types of restrictions and property management principles that might be associated with

conservation easements in Alberta and describes the associated kinds of information that should be collected for the BDR. This table is

adapted from the Ontario Land Trust Alliance’s 2006 Annotated Baseline Documentation Report (BDR) Template for Natural Heritage

Lands subject to a Conservation Easement Agreement held by a Land Trust.

General Types of Conservation Easement

Agreement Restrictions

Types of Information to Consider for Data

Collection

Additional Considerations

No Subdivision

Shall not sever or subdivide the Lands;

� Copy of existing legal survey.

No Additional Buildings and Structures

Shall not construct, erect, maintain or allow the

construction, erection or maintenance of any

building or structure

� Describe purposes of each built

feature (i.e. barns, corrals, bridges,

wells, sheds, ) and location (i.e. GPS)

on a baseline map.

� If relevant, specify each using

dimensions, quantities and

materials if relevant, and attach

photos.

� If the conservation easement agreement

prohibits a change of building locations or an

increase in existing building footprints

within a defined “building area”, or if all the

restrictions apply to the whole property –

(i.e. no residential boundary defined but

there are buildings on the property) then the

authors of the baseline/BDR will want very

specific data on the location and size of the

existing buildings. On the other hand, if there

are no restrictions applicable to the “building

area” or “residential area” then more basic

information on the presence or absence and

function of buildings may be all that is

required with regard to that restriction.

No New Roads or Trails

Shall not construct, improve or allow the

construction or improvement of any road or trail,

except for the maintenance of existing accesses;

� Indicate on a baseline map the

location (i.e, GPS) of existing trails

and access points. Consider using

GPS to map trails.

� Average width of road or trail.

� Photograph a representative section

� Consider using sound field procedures for

photographing changes in vegetation and

soils. This will facilitate future monitoring

through repeat photography.

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Collection


of the trail or access point to

indicate its width and terrain (i.e.

compacted soil, gravel, woodchips).

� Describe the trail system, when it

was established and its purpose.

No Motorized Vehicles, Off Highway Vehicles or

Mountain Bicycles

Shall not use or operate or allow the use or

operation of mountain bicycle, off highway

vehicles or motorized vehicles on the Lands

including without limitation snowmobiles, all-

terrain vehicles, motorcycles, motorboats or

personal watercraft;

� Indicate the locations of trails and

access points.

� Photograph, GPS and describe any

evidence of past use by motorized

vehicles such as tire ruts or soil

compaction.

No Mobile Homes

Shall not use or allow the Lands to be used as a

trailer or mobile home park, parking or storage

area;

� Indicate whether there is the

presence or absence of existing sites

for mobile homes, trailers, parking

or storage.

� If there are existing sites, fully

describe them, GPS locations, take

photographs and map them.

No Dumping

Shall not dump or allow the dumping of soil,

rubbish, ashes, garbage, waste or other unsightly

or offensive materials of any type or description;

� Indicate whether there is the

presence or absence of existing sites

where materials have been dumped.

� If there are existing sites, fully

describe them, GPS locations, take

photographs and map them.

� This may require documenting anecdotal

information from the landowner on past

practices

No Pesticides

Shall not use or allow the use of pesticides,

� Describe existing locations (i.e. GPS)

and uses of chemical materials on

the property.



22




Collection


insecticides, herbicides, chemicals or other toxic

materials of any type or description;

practices.

No Alteration of Topography

Shall not change or allow any changes in the

general appearance or topography of the Lands,

including and without limiting the generality of

the foregoing, the construction of drainage

ditches, tile drains, retaining walls, dams or

ponds or any similar undertakings, as well as the

dumping, excavation, dredging or removal of

loam, gravel, soil, rock, sand or other materials;

� Photograph, GPS and map all

existing ditches, ponds, streams,

wetlands, and other water bodies

(both permanent and seasonal).

� For streams, indicate on the map

the location of major bends, pools,

runs and rifles. Describe the

materials on the bottom of the

stream (e.g. gravel, sand), the width

and depth, direction and speed of

flow and any flora and fauna they

support.

� For wetlands, indicate their class

and significance as well as any

significant flora and fauna they

support.

� Photograph, GPS and map any

retaining walls, dams or other

structures.

� Include a topographic map and

describe the topography of the land.

Emphasize any unique or

ecologically important features.

Describe the drainage pattern of the

property. Identify and recharge or

discharge areas on the property

such as springs.

� Describe, photograph and GPS any

evidence of past dredging grading

or soil removal.

� The focus in this data collection is to

thoroughly document historic disturbances.

As this is a “no disturbance” clause, any

violations would be relatively visible and

should be easy to see in annual monitoring

visits. However, this task is made more

difficult if recent construction activity

occurred prior to the conservation easement

agreement.

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Collection


No Break/No Drain

Shall not cause or allow any alteration to the

land, including pumping, burning, drainage,

conversion, tillage of or filling in of the wetlands

or uplands;

� Map the location and size of any

wetlands or natural habitat.

� Describe and map any previously

altered wetlands or waterbodies.

� Map any cleared and/or cultivated

land.

No Vegetation Removal

Shall not remove, destroy or cut or allow the

removal, destruction or cutting of trees, shrubs

or other vegetation;

� Indicate the location and size of any

woodlots.

� Describe any disturbed logging

areas or pre-existing evidence of

cutting.

� Map the major vegetation

communities (i.e. ELC) on the

property and show their

boundaries.

� Describe these communities

(indicate location, dominant

species, and the functions they

serve such as linkage, attenuation of

water flow, habitat, and so on).

� List the rare, unusual or sensitive

flora and fauna which have been

reported in the area by the

landowner and by past studies as

well as the species you observe on

the property. What is the status of

these species locally, regionally and

provincially?

� Describe the natural and human-

made habitat on the property. How

common is this habitat in the

� If a particular plant species is not protected

by the conservation easement agreement

through the restrictions, it may not be,

necessary to provide specific measurements

of that species in the baseline. However, the

land trust may want to document

endangered, threatened, rare and significant

species and it may want to maintain their

exact location confidential.

� Relation to existing forest management plans

24




Collection


ecological region where the

property is situated?

No Introduction of Plants and Animals

Shall not introduce non-native plant or animal

species within the Lands

� Describe the location and type of

non-native vegetation observed on

the property.

� To provide the basis for monitoring and

evaluating the success of any weed

management, invasive plant infestations

should be GPSed in the centre and around

the perimeter and an estimate of plant

density given

No Hunting, Fishing and Trapping

Shall not use or allow the Lands to be used for

commercial or sport hunting, fishing or trapping;

� Describe any evidence of past

hunting, fishing and trapping.



practices

Habitat Restoration

Shall allow wetland restoration….

Shall restore cultivated land to native plant

species…

Shall reforest cleared land….

� Map and describe the disturbed

areas to be restored.

� Explain the goals and requirements

for restoration.

� This may require a restoration or

management plan specific to the habitat

restoration area, however this can be

referred to in the BDR and completed

separately.

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Collection


Livestock Grazing

Shall maintain the property in current or better

health

� Complete range condition and/or

health surveys on the areas to be

grazed.

� Complete riparian health

assessments on riparian areas with

livestock access.

� Alberta has standard protocols for assessing

range and riparian health and range

condition.

Logging

Shall complete and follow a woodlot

management plan…

� Complete a commercial timber

inventory.

� Map and describe historic logging

and logging practices.

� Identify management practices to

minimize impacts to conservation

values such as timing of logging.

� Check with municipalities to see if they have

logging guidelines or restrictions for private

land.

26

APPENDIX B: BASELINE DOCUMENTATION REPORT

TEMPLATE FOR FEE SIMPLE PROPERTIES

The following template is intended to provide a guideline for preparing a Baseline

Documentation Report for lands owned by land trusts. The volume and specificity of

information required by the baseline documentation report will vary depending on

the condition of the property and the anticipated land uses. The intent of this format

is to allow flexibility in the documentation technique and to correlate the quantity

and nature of the documentation to the conservation goals for the property .

Title Page: Name of property (as the land trust has it filed), date of BDR, author(s) and their

affiliations.

Conservation Goals for the Property: This sets the stage for the report, and summarizes

the purpose of protecting the property (i.e., significance of the land and the conservation

goals). Describe the goals for the property and make reference to other reports or strategies

that may be relevant (e.g., species recovery plans, restoration plans, corridor maps, etc.).

Defining the conservation objectives for a property requires consideration of a number of

factors such as:

• the ecological values to be protected, including the variety of ecosystems on the

property, the type and extent of sensitive ecosystems, and unique and sensitive

ecological features;

• why and how the ecological values are to be protected and for how long;

• the conservation priorities of the organization.

Property Background Information:

A. Legal description of the property. Description of relevant title

encumbrances (easements, rights-of-way, leases, licenses, water rights

etc.)

B. Size of property or easement area (if different).

C. Location of property and directions from land trust monitoring office.

Description of legal access to the land or right of access granted to the

land trust. Include any information about points of access to the

property and type of access (vehicle, foot, boat etc.).

D. Date of site visit.

E. Historical information on the donation/acquisition – a brief

chronological description of events that led to the protection of the

property.

Ecological Description:

A. Site description including a general description of the topography and

natural features of the property.

B. Site designations - describe any ecological designations on or adjacent to

the property (e.g., Heritage Rangelands, National Parks etc.).

27

C. Other ecological or heritage values - corridor, buffer, archaeological

resources etc.

D. Geology and soils description.

E. Aquatic resource description - Identify any water features with name,

type (e.g. pond, lake, stream, river, wetland type,), approximate size or

distance with directional description of its location within the property

and direction of flow; whether location is upstream or downstream of

other activities; whether ephemeral or year-round; specify if constructed

or natural.

F. Riparian health - identify riparian areas and describe riparian health.

G. Vegetation - map and describe vegetation communities.

H. Include a list of plant species (does not have to be exhaustive. Need only

to provide dominant and indicator species). Indicate which are at risk,

non-native, invasive and/or noxious weeds.

I. Range condition or range health.

J. Wildlife and wildlife habitat - describe any important wildlife habitat

and note any evidence of wildlife (sightings, tracks, scat, nests, burrows

etc.)

K. Include a list of wildlife species - may include those known to exist and

those that should be there based on information from the region.

Land Use:

A. List and describe current land used including how long it has been

occurring and any damage it is causing.

B. List and describe historic land uses. If a Phase 1 environmental audit has

been completed either refer to it here or append it to the BDR.

C. Describe adjacent land uses and identify any resulting potential threats

to the property.

Existing Human Modifications: Provide descriptions and locations.

A. Existing structures – residences, accessory structures, commercial

buildings, docks/floats/piers, walls, fences, seasonal storage, bridges,

boardwalks, aboveground utility lines and corridors, junk/refuse,

recreational facilities, aquaculture facilities, etc.

B. Existing surface alterations – pipelines, irrigations systems, dikes/

dams/ impoundments/ diversions, roads/trails, dugouts/wells, gravel

pits/mines, subsurface utilities, septic, waste disposal, etc.

Public Access: Describe, map and GPS the points of access. If public access is allowed,

describe if permission is required and who to contact for permission.

Land Uses Allowed: List the land uses allowed on the property and describe any conditions

on use.

A. Scientific/Educational (research, nature study, etc.)

B. Habitat/Ecosystem restoration, management or preservation (wetland

28

restoration, native grassland restoration, tree planting, bird houses, etc.)

C. Residential (permanent or seasonal residences, mobile homes, etc.)

D. Agricultural (livestock grazing, crops, etc.)

E. Forestry (reforestation, harvesting, etc.)

F. Industrial (aggregate, petroleum development, etc.)

G. Recreational (hiking, picknicking, camping, hunting, fishing, trapping,

horseback riding, mountain biking, off highway vehicle use, etc.)

Disturbances & Potential Threats to Property: The following table is adapted from the

Ontario Land Trust Alliance’s 2006 Annotated Baseline Documentation Report for Natural

Heritage Lands Owned by a Land Trust. It lists disturbances already noted (o), as well as

additional uses that can be anticipated to merit a particular management strategy (x)

because of their nature or noted frequency of occurrence:

Vegetation

/Animals

o

x

Removal

of

Resources

o

x

Vandalism

/

Liability

o

x

Trails/Roads/

Cutlines

o

x

Natural

Processes

o

x

Tree Cutting

Petroleum

resources

Garbage/litt

er

ATV/Snowmobi

les

Trails

Wind

damage

Collecting

Plants/Animal

s

Sand,

gravel etc.

Signage or

lack of

signage

Roads Flooding

Hunting,

Fishing or

Trapping

Peat

Structural

damage or

poor

condition

Hiking Trails Fire

Invasives

Water Campfires Equestrian

Trails

Other

Disturbanc

es

(describe):

Use of

Pesticides or

Herbicides

Other

Disturbanc

es

(describe):

Swing

Ropes (for

diving,

swimming,

etc)

Cutlines/

Seismic

Livestock

Grazing

Steep Cliff

Faces Fence lines

29

Tree

Plantation

Mountain

Biking or

Off

Highway

Vehicle Use

Pipelines

Beaver

Cutting/Flood

ing

Other

Disturbance

s

(describe):

Utility Lines

Other

Disturbances

(describe):

Trail Erosion

Drainage

Ditches

Other

Disturbances

(describe):

Recommendations for Management: Give recommendations for management actions

including timelines. Also give recommendations for future monitoring visits (schedule,

timing etc.), prohibited activities to watch for, disturbances and threats that need to be

monitored, etc. This section may become extensive enough to form a management plan for

the property.

Maps:

A. Photodocumentation map (note location of all photopoints).

B. Road map, general location map for directions to property.

C. Current aerial photo or satellite image of property (including boundaries

marked).

D. Relevant zoning information.

E. Topographical map of property (with boundaries marked).

F. Map identifying human modifications and improvements.

G. Map of natural communities.

Photos: Photos of natural features, developments and disturbances. This section should

include photos that are easily replicable (from roads or permanent features, or using GPS

waypoints).

A. Photos should be numbered and a compass direction should be included

to note the direction the photo was taken.

B. Include captions or a photograph index with descriptions.

1

APPENDIX C: SAMPLE BASELINE DOCUMENTATION REPORTS

FOR CONSERVATION EASEMENT PROPERTIES

1

East Hayes Management Plan

APPENDIX D: SAMPLE BASELINE DOCUMENTATION REPORTS FOR

FEE SIMPLE PROPERTIES

EAST HAYS CONSERVATION SITE

MANAGEMENT PLAN

(PLAN 8510645 BLOCK 90A

PTNS 25 & 26 13-13-W4M)

2


PREPARED BY

ALBERTA CONSERVATION ASSOCIATION SOUTHERN REGION

PROJECT PARTNERS

ALBERTA CONSERVATION ASSOCIATION, ALBERTA FISH AND GAME

ASSOCIATION, BROOKS PHEASANT FESTIVAL, PHEASANTS FOREVER –

CALGARY, PHEASANTS FOREVER – CHINOOK CHAPTER, PRIVATE DONORS

APRIL 2009

3


INTRODUCTION

The East Hays Conservation Site was purchased in 2008 through the collaboration among Alberta Conservation Association, Pheasants Forever – Calgary Chapter, Pheasants Forever – Chinook Chapter (Medicine Hat), Alberta Fish and Game Association, Brooks Pheasant Festival, and private donors. The site is located near the Bow River east of the town of Vauxhall. The 144 acre site is also part of the Municipal District of Taber and within an hour of the cities of Lethbridge and Medicine Hat.

This parcel represents an ideal opportunity for restoration and enhancement activities as it is dominated by an alfalfa/grass pasture. The overall intent of this purchase is to enhance habitat for upland game birds and to provide improved access to a large parcel of crown lease land that is along the Bow River. The 144 acre site was previously a flood irrigated hay crop with 133 acres of water rights attached to the property. The remaining 11 acres are comprised of a coulee draw that receives the flood irrigation run off of both this parcel and the adjacent parcel to the south.

All agricultural and/or industrial applications/dispositions will be forwarded by the prospective land manager to the following contact(s) for review and input as part of this conservation management plan:

Brad Taylor Copies will be provided to Partners by ACA

Alberta Conservation Association

Bpx 1139, Provincial Building

Blairmore, Alberta

T0K 0E0

Tel: 403.562.3288

4


PROPERTY LOCATION

QUARTER (LEGAL LAND DESCRIPTION)

Quarter section

Section Township Range Meridian

Ptn SW 25 13 13 4

Ptn S 26 13 13 4

Title Number Area

ha (acre) Plan Number

Block Number

Lot Number

081249227 58.5 (144.6) 8510645 90A

PROPERTY DESCRIPTION

Location

The East Hays Conservation Site is located approximately 20 km east of the town of Vauxhall (Figure 1) and approximately 100 km northeast of Lethbridge and 80 km west of Medicine Hay (Figure 2). The site is close to two other conservation sites: Sproule and Hays Drain.

Natural Region

East Hays is part of the Grassland Natural Region, specifically the Dry Mixed Grass Natural Subregion. This subregion is dominated by Brown Chernozemic and Solonetzic soils and an arid climate. Generally, natural vegetation communities are composed of Stipa comata, Koeleria macrantha, and Bouteloua gracilis.

Waterbodies

The Bow River flows by on an adjacent quarter to the east of the property. No other significant natural water bodies occur on this parcel. The site does however have two dugouts that were

5


historically used for irrigation of this parcel and some trenching along the south and north fences to return excess water to coulees that lead to the Bow River.

Vegetation

The 144 acre parcel is approximately 90% alfalfa and grass mix and 10% native and tame grasses and shrubs (Figure 3). The 10% native/tame mix is currently restricted to a small coulee that runs along the south edge of the fence down to the Bow River. Some native shrubs, particularly sandbar willow (Salix exigua), are present along the south and west fencelines near irrigation ditches.

Properties to the north and south are privately owned and under cultivation and the Bow River valley to the east is crown lease land that is primarily native and used for livestock grazing.

Topography

The site is very gently sloping west to east towards the Bow River and was historically flood irrigated. One small coulee is present in the south east corner of the property that receives run off from an adjacent property to the south and historic runoff from flood irrigation..

Wildlife

Wildlife species present on the property are generally limited to species that are tolerant to agricultural disturbances. Mule deer, pheasants, and partridges are the dominant game species and a variety of song birds will utilize the marginal habitat that currently exists on the property. A FWMIS search indicated the following species were observed within the township that the site is located in: American White Pelican, Black Crowned Night Heron, Burrowing Owl, Golden Eagle, Lesser Scaup, Long-billed Curlew, Northern Harrier, Northern Pintail, Prairie Falcon, Prairie Rattlesnake, Short-eared Owl, and Sprague’s Pipit. Alberta Sustainable Resource Development Fish and Wildlife Division has also identified the area along the Bow River as critical Mule Deer habitat as well as one quarter that is part of the property as being highly suitable for several species at risk (Table 1; http://www.srd.gov.ab.ca/fishwildlife/guidelinesresearch/landuse.aspx).

Table 1: ASRD Species at Risk HSI Model Results

Species SE 26-13-13-

W4M SE 26-13-13-

W4M SW 25-13-13-

W4M

Long-billed Curlew

Less Suitable Less Suitable Highly Suitable

Prairie Falcon Least Suitable Least Suitable Highly Suitable

Sharp-tailed Grouse

Least Suitable Least Suitable Highly Suitable

Ferruginous Hawk

Less Suitable Less Suitable Highly Suitable

Short-horned Lizard

Least Suitable Least Suitable Suitable

Burrowing Owl Least Suitable Least Suitable Suitable

Sprague’s Pipit Least Suitable Least Suitable Highly Suitable

6


Loggerhead Shrike


Prairie Rattlesnake

Less Suitable Less Suitable Suitable

Plains Spadefoot Least Suitable Least Suitable Less Suitable

Great Plains Toad

Least Suitable Least Suitable Least Suitable

American Badger


Ground Squirrel Less Suitable Less Suitable Highly Suitable

Fish

No waterbodies suitable for sustaining a fishery are present on the property. Although the property provides an access point to an adjacent property whereby one could access the Bow River with appropriate permission.

Other Features

No buildings or structures are present on the property. Two surface leases from past drilling activity are currently being reclaimed. One access trail is located along the south edge of the property. There are also 133 acres of water rights attached to the property which are administered by the Bow River Irrigation District.

7


Figure 1. Map showing the location of the East Hays Conservation Site (Landscape Context)

8


Figure 2. Map showing the location of the East Hays Conservation Site (Regional Context)

Figure 3. Valtus imagery 2000. Aerial photograph of the East Hays Conservation Site

9


10


EAST HAYS MANAGEMENT PLAN

It is the intent of ACA and its partners to manage the East Hays Conservation Site in such a way as to improve the wildlife habitat to benefit upland game birds and provide sustainable recreational opportunities. Details for each objective are outlined in the Proposed Enhancement Plan and Implementation Plan in Appendices A and B.

A preliminary quantitative land cover analysis of the conservation site plus a 1.6 km buffer, indicate that the area is dominated by Annual Cropland (~40%) and Perennial Cropland (~20%). Natural vegetation or naturally non-vegetated areas comprise the remaining 40 percent (Grassland – 36%, Wetland – 3%, and Exposed – 1%). Road and irrigation networks within the buffered area create approximately 14 km and 12 km of linear disturbance, respectively. Linear hydrological features provide approximately 16 km of riparian habitat.

HABITAT OBJECTIVES

Habitat objectives were identified that will eventually meet habitat requirements for all life stages of upland game birds within the buffered area around the site. Since high quality winter cover is lacking in the greater landscape (~3%), this activity will be a priority on this site to help mitigate surrounding land uses. The remaining objectives will help to provide additional habitats to meet reproductive and security needs.

We are acknowledging at the outset that the development of habitat requires time to become functional and objectives are set at 10 year milestones. The length of time required to complete the objectives may vary depending on environmental conditions, but can be reassessed at the 5 year milestone of this management plan.

UPLANDS

Objectives:

1. To enhance winter habitat to benefit upland game birds by 2018.

Strategic Actions:

a. Establish a minimum of 10 acres of shelterbelts beginning in 2009.

i. ACA – Site Preparation and maintenance

ii. PHD – Acquire, plant, and replace trees as necessary

b. Establish a minimum of 3 acres of wetlands beginning in 2009.

i. DU – provide planning assistance

ii. ACA – implement plan

iii. ACA/BRID – manage water

c. Establish a minimum of 2 acres of food plots beginning in 2010.

11


i. ACA – Prepare, plant, and maintain

2. To enhance reproductive habitat to benefit upland game birds by 2018.

Strategic Actions:

a. Establish a minimum of 40 acres of nesting and brood rearing cover beginning in 2011


3. To enhance security cover and movement corridors to benefit upland game birds by 2018.

Strategic Actions:

a. Establish travel and escape cover to provide connectivity to the surrounding landscape beginning in 2012.


4. To maintain existing habitat and enhancement areas to benefit upland game birds through 2018.

Strategic Actions:

a. Maintain shelterbelts in a cultivated state to reduce weed and grass competition.

b. Determine appropriate flow of water to maintain wetland

c. Control weeds and vegetation in an appropriate manner

RECREATIONAL OBJECTIVES

Recreational objectives were identified that will allow for the safe and sustainable use of this property. Primarily these objectives relate to the creation of a parking area, installation of site signage to increase ACA and partner profiles, general maintenance of the site, and barriers to undesired vehicular and OHV traffic across the property.

Objectives:

1. To ensure safe and sustainable recreational access is available to the conservation site by 2009.

Strategic Actions:

a. Widen access road on NW corner of property by October 1, 2009.

b. Develop a fenced in parking area to restrict vehicular access by October 1, 2009.

c. Install locked gate at SW access.for maintenance equipment only by October 1,

12


2009.

d. Install 1 ACA Conservation Site at the parking area by September 15, 2009.

2. To maintain the site in an aesthetically pleasing manner throughout 2013.

Strategic Actions:

a. Ensure site is clean and litter free.

b. Ensure all damaged infrastructure (i.e. fences, parking area) are repaired in a timely manner.

c. Ensure vegetation control is completed annually within designated parking area to reduce risk of fires.

MONITORING OBJECTIVES

ACA Land Management Program will collaborate with ACA Wildlife Program to develop a monitoring protocol that is consistent with other projects to enhance efficiencies in data collection and analysis. Furthermore, LMP will also incorporate the results and recommendations of other Wildlife Program projects that benefit target species or habitats. Objectives will be developed for wildlife monitoring and incorporated into this management plan following further discussions with ACA Wildlife Program staff.

ACCESS MANAGEMENT

WILDLIFE VIEWING OPPORTUNITIES

Foot access only will be permitted to all areas of the property for photography, hiking and wildlife viewing. These activities may occur year round, as they will have little impact on the wildlife and habitat. No contact is required to access the conservation site.

HUNTING AND TRAPPING

Hunting will be permitted on these lands on foot and under the authority of an appropriate hunting license. Since this site will be open to the public year round, trapping will only be available with approval from ACA and its partners.

ANGLING

No angling opportunities are available on this conservation site.

OFF HIGHWAY VEHICLE USE

13


OHV use and access will be permitted on the site for the purpose of field inspections, monitoring, or research by ACA, its partners, and other designated persons. The use of OHVs for recreational purposes is not allowed to minimize damage and disturbance to wildlife and their habitat.

COMMERCIAL AND INDUSTRIAL

Commercial and industrial development is not a desired use for this conservation site; however, ownership of this property is limited to surface rights. In instances where mineral rights are concerned, ACA will encourage discussions with project proponents to find viable alternatives or solutions.

SPECIAL ISSUES

TAXES

ACA will be responsible for making annual tax payments to the County of Taber.

WATER RIGHTS

(ACA will be responsible for making annual water payments to the Bow River Irrigation District for the 133 acres of water rights purchased with the property. ACA will not entertain selling these rights; however, if allowed, these rights or a portion thereof, may be leased to neighbors for a 10 year period.

TITLE RESTRICTIONS (E.G. COVENANTS, EASEMENTS, LEASES)

Currently two surface leases to Grey Wolf Inc. are present on the site. The sites are currently being reclaimed and a reclaimation certificate has been applied for on one of the sites. These leases will expire in 2016 and 2018. The leases generate revenue in the amount of $936/year and $2,500/year. All revenue for leases will be forwarded to the ACA for the maintenance of this site.

INSPECTIONS

ACA will be responsible for completion of annual maintenance inspections to identify and solve problems and plan for future enhancements.

IMPLEMENTATION OF THE MANAGEMENT PLAN

(Provide information pertaining to timelines, who is doing what)

ACA and Partners will manage the conservation property in accordance with the Management Plan, including modifications made to the Management Plan that may be developed from time to time. Modifications to the Management Plan must be reviewed and approved by the partner organizations.

14


AGREEMENT TERM

This agreement defines the long-term land management plan among the undersigned parties for the term of 5 years. It is recognized that partners review the management plan every 5 years, partners may also modify this agreement within the agreement term upon consensus by the undersigned.

15


Management Partners

Alberta Conservation Association

Representative:_________________________________ Date:_____________________

Alberta Fish and Game Association

Representative:_________________________________ Date:______________________

Pheasants Forever – Calgary Chapter


Partners in Habitat Development


16


APPENDIX A – PROPOSED ENHANCEMENT PLAN

17


APPENDIX B - IMPLEMENTATION PLAN 2009 - 2013

YEAR 2009-2010

OBJECTIVES STRATEGIC ACTIONS

TASKS Organization Responsible

Other Participating Organizations

Proposed Completion Date

SITE ADMINISTRATION

Complete annual administrative activities to ensure management plan compliance beginning in 2009.

Complete Management Plan

ACA Pheasants Forever, Partners in Habitat Development, Alberta Fish and Game Association

July 30, 2009

Meet with Partner Management Team twice (October and February)

All Partners October 31, 2009 and February 28, 2010

Complete referrals and public enquiries as they arrive (ACA)

ACA All partners if required

Within 2 weeks of receipt

UPLAND HABITAT



Stake out proposed shelterbelt location (Eastern Shelterbelt location)

ACA April 30, 2009

(COMPLETED)

Contract to individual or group to disk a minimum of 3 passes and maintain site with a cultivator a minimum of 3 times per year (Eastern shelterbelt location)

ACA May 30, 2009

(COMPLETED)

Determine appropriate species of trees for planting in shelterbelt (Eastern shelterbelt location)

ACA PHD August 30, 2009

18


Order appropriate number of trees for planting in 2010 (Eastern shelterbelt location).

PHD December 1, 2009

Provide financial or inkind support where applicable and if available

All partners where applicable

March 31, 2010


Determine feasibility of constructing a small wetland dominated by cattails (Typha spp.) with consultation with Ducks Unlimited Canada

ACA Ducks Unlimited Canada, Bow River Irrigation District

May 30, 2009

(COMPLETED – project is feasible)

If construction is feasible, contract to individual or group to develop site in accordance with design specifications acquired from Ducks Unlimited Canada.

ACA July 30, 2009

(INITIATED -Contract in prep for McNiven construction – estimated cost $12,000)

Secure assistance from Bow River Irrigation District in managing flow to wetland

ACA July 30, 2009

Ensure adjacent landowner is aware of the project and who to contact if he has any concerns

ACA July 30, 2009

(COMPLETED - Meeting held with Elmer Doerksen in April 2009 – no concerns voiced)

Provide financial or inkind support where available


March 31, 2010

(PF contributed $8k to the wetland construction contract)

19



Order appropriate seed mix

ACA March 31, 2009

Provide financial or inkind support where available


March 31, 2010



No activities planned for 2009/2010

3. To enhance security cover and movement corridors to benefit upland game birds by

2018.

a. Establish travel and escape cover to provide connectivity to the surrounding

landscape beginning in 2012.






Discuss with Bow River Irrigation District monitoring and management of flow rates to wetland to determine optimal distribution of water to the system.

ACA BRID September 30, 2009


Complete 2 site inspections to ensure minimal weed infestation

ACA May 1 – October 1, 2009

Complete vegetation control in the

ACA July 30, 2009

20


most efficient manner (manual, mechanical, or chemical) dependent on scope and scale of problem.

RECREATIONAL OPPORTUNITIES



Contract to individual or group to widen existing approach to enhance safety (possibly coordinate with contractor that will develop wetland

ACA October 1, 2009


All Partners where applicable

March 31, 2010


Contract to individual or group to install post and rail fence (or other style deemed appropriate) to restrict vehicular traffic. Fence must accommodate a minimum 12 foot lockable metal gate to allow ACA/Partner equipment onto the site for maintenance and enhancement activities.

ACA October 1, 2009



March 31, 2010

21


c. Install locked gate at SW access.for maintenance equipment only by October 1, 2009.

Install purchased or fabricated lockable metal gate in SW corner to restrict vehicular access. (This activity may be deferred to 2010).

ACA October 1, 2009



March 31, 2010

d. Install 1 ACA Conservation Site at the parking area by September 15, 2009

Install 1 4x8 ACA Conservation Site sign in NW corner of the property.

ACA September 15, 2009



Complete site inspections 2 to 3 times per year and address concerns when on site

ACA All other partners to forward any comments or concerns to ACA staff

March 31, 2010




March 31, 2010


If parking lot is left grassed then ACA will mow in fall prior to hunting season, if graveled ACA will spray vegetation within fenced area.


October 1, 2009

YEAR 2010-2011





22


SITE ADMINISTRATION


Review and Update Management Plan (ACA)


October 31, 2010






UPLAND HABITAT



Rototill shelterbelt rows in preparation for tree planting

ACA May 30, 2010

Stake out proposed shelterbelt location (Western Shelterbelt location)

ACA April 30, 2010

Contract to individual or group to disk a minimum of 3 passes and maintain site with a cultivator a minimum of 3 times per year (Western shelterbelt location)

ACA May 30, 2010

Determine appropriate species of trees for planting in shelterbelt (Western

ACA PHD August 30, 2010

23


shelterbelt location)

Plant trees in accordance with agreed upon planting schedule (species and # of rows) (Eastern shelterbelt location).

PHD ACA July 30, 2010

Order appropriate number of trees for planting in 2011 (Western shelterbelt location).

PHD December 1, 2010



March 31, 2011


Inspect and modify project as necessary


Liaise with adjacent landowner to ensure no concerns with wetland

ACA July 30, 2010


Rototill site and plant according to recommended seed spacing and depth

ACA June 15, 2010



Determine appropriate seed mix and order for spring planting

ACA December 1, 2010



March 31, 2011

3. To enhance security cover and movement corridors

a. Establish travel and escape cover to


24


to benefit upland game birds by 2018.

provide connectivity to the surrounding landscape beginning in 2012.



Maintain area between shelterbelt rows with cultivator

ACA June 15, 2010

August 15, 2010


Monitor and manage flow rates to wetland

ACA BRID May 1, 2010-September 30, 2010




Complete vegetation control in the most efficient manner (manual, mechanical, or chemical) dependent on scope and scale of problem.

ACA July 30, 2010




ACTION SHOULD BE COMPLETED




Install purchased or fabricated lockable metal gate in SW corner to restrict vehicular access if deferred from 2009.

ACA July 30, 2010

25








March 31, 2011




March 31, 2011




October 1, 2010

YEAR 2011-2012





SITE ADMINISTRATION




October 31, 2011






26


UPLAND HABITAT



Rototill shelterbelt rows in preparation for tree planting (Western shelterbelt location)

ACA May 30, 2011

Plant trees in accordance with agreed upon planting schedule (species and # of rows) (Western shelterbelt location).

PHD ACA July 30, 2011

Replace dead trees (Eastern shelterbelt location)

PHD July 30, 2011



March 31, 2011


Inspect and assess infill of cattails



ACA July 30, 2011


Disc site and plant according to recommended seed spacing and depth

ACA June 15, 2011



Contract individual or group to prepare site and seed selected mix

ACA June 30, 2011

Provide financial or inkind support where


March 31, 2012

27


applicable and if available







ACA June 15, 2011

August 15, 2011



ACA BRID May 1 - September 30, 2011





ACA July 30, 2011




OBJECTIVE SHOULD BE COMPLETED


c. Install locked

28


gate at SW access.for maintenance equipment only by October 1, 2009.






March 31, 2012




March 31, 2012




October 1, 2011

YEAR 2012-2013





SITE ADMINISTRATION




October 31, 2012



29





UPLAND HABITAT



Replace dead trees (Eastern and Western shelterbelt locations)

PHD ACA (inspections only)

July 30, 2012





ACA July 30, 2012



ACA June 15, 2012



Inspect project area and assess regrowth. Reseed if necessary.

ACA June 30, 2012



March 31, 2013



Determine areas for enhancing movement and escape corridors and develop plant species list.

ACA PHD September 30, 2012

4. To maintain existing habitat and enhancement areas

a. Maintain shelterbelts in a cultivated state to

Maintain area between shelterbelt rows

ACA June 15, 2012

August 15,

30


to benefit upland game birds through 2018.

reduce weed and grass competition.

with cultivator 2012








ACA July 30, 2012








2. To maintain the site in an aesthetically

a. Ensure site is clean and litter

Complete site inspections 2 to

ACA All other partners to forward any

March 31, 2013

31


pleasing manner throughout 2013.

free. 3 times per year and address concerns when on site

comments or concerns to ACA staff




March 31, 2013




October 1, 2012

YEAR 2013-2014





SITE ADMINISTRATION


Review and Update Management Plan for next 5 year term


February 28, 2014






UPLAND HABITAT



Replace dead trees (Eastern and Western shelterbelt locations)

PHD ACA (inspections only)

July 30, 2013

32







ACA June 15, 2013



Inspect project area and assess regrowth. Reseed if necessary.

ACA June 30, 2013



March 31, 2014



Prepare site and plant predetermined plant/seed mix.

ACA PHD June 30, 2013




ACA June 15, 2013

August 15, 2013







Complete vegetation control in the most efficient manner

ACA July 30, 2013

33


(manual, mechanical, or chemical) dependent on scope and scale of problem.


1. To ensure safe and sustainable recreational access is available to the conservation site by










March 31, 2013




March 31, 2013




October 1, 2013

alberta land trust 2009 03 1 of 6-baseline documentation

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