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Mineral Hills LAND 16 Baseline.pdf BASELINE DOCUMENTATION REPORT and LAND MANAGEMENT PLAN Massachusetts Executive Office of Energy and Environmental Affairs Local Acquisitions for Natural Diversity (LAND) Grant Program Property name: Mineral Hills Conservation Area (Bookends Acquisition Land Grant) Municipality: Northampton Date acquired: February 14 2012, April 27 2012. Please see Attachment A for entire Mineral Hills Area Registry: Hampshire Book/page: Book 10812 Page 162, Book 10885, Page 240. Please see attachment A for entire Mineral Hills Area LAND #: 16 Date of report: May, 2012 (update of May, 2011 report) Property location: Turkey Hill , Sylvester, Chesterfield, and Montague Roads Size: 104.8 acres (Please see Attachment A for entire Mineral Hills Area) Interest held by city/town: Fee Other interest holders: Kestrel Trust, Conservation Restriction holder Table of Contents Section I: Property Information 1. Property description 2. LAND grant program regulations 3. Legal protection 4. Contact information 5. Land Use and Management Plan Section II: Maps 1. Resource map 2. Monitoring map Section III: Site Visit Report 1. General information 2. Current property conditions 3. Boundary conditions Section IV: Photographs 1. Photo location map 2. List of photographs 3. Photographs Section V: Amendments Section VI: Signatures Attachments: Attachment A: Acquisition History Attachment B: Survey and Photo Index Map Attachment C: Compiled Plan and Photo Index Map Attachment D: Natural Resources and Monitoring Map Attachment E: Photographs Section I: Property Information I.1.Property description The Mineral Hills -Bookends property, located at Turkey Hill Road and Chesterfield/Montague Roads, Assessors’ map/lot 34-035, 20-003, is owned by /subject to a Conservation Restriction held by the City of Northampton, under care and control of the Conservation Commission, for the purposes of conservation and passive recreation, in perpetuity. It was recorded on February 14 and April 27, 2012, in book 10812 & 10885 page 162& 240 in the Hampshire Registry of Deeds. I.2.Local Acquisitions for Natural Diversity (LAND) grant program regulations This property is permanently protected open space, for conservation and passive recreation only. It is subject to the standards and guidelines in 301 CMR 5.00: Self-Help and Urban Self-Help Programs, of the Division of Conservation Services, Executive Office of Energy and Environmental Affairs (EEA). Excerpted here are some of the major points: -5.06(4): Under the care and control of the City of Northampton Conservation Commission -5.09(1): The property must be used at all times for open space conservation and passive recreation purposes only, in accordance with MGL Ch. 132A, Sec. 11 -5.09(1): The property is permanently protected under Article 97 of the Massachusetts Constitution, and may not be converted to other uses. Municipalities must pursue all feasible alternatives to conversion of grant-funded land. If conversion is finally determined to be the only possible choice, all of the following must occur: municipal approval of the conversion; a two-thirds majority vote of both houses of the state legislature; replacement of the land with new conservation land that is of equal or greater fair market value at the time of conversion, and of equal or greater acreage, ecological value, and usefulness, to be approved or disapproved by the Secretary of EEA. -5.09(2): If this property ceases to be used in whole or in part for conservation and/or passive recreation purposes, all interest in the property shall revert to the Commonwealth, unless the Secretary demands specific performance of the grant contract. The City of Northampton Conservation Commission must notify the Secretary of EEA of a change or potential change to an inconsistent use, or, the Secretary of EEA may notify the Conservation Commission that an inconsistent change in use has occurred. The Conservation Commission has 90 days to rectify the use to the satisfaction of the Secretary, or it will revert to the Commonwealth. -5.08 (2) and (3): Open to use by all members of the public without discrimination -5.08(1): In accordance with the LAND program regulations, the City of Northampton Conservation Commission may impose reasonable limits on the type and extent of use of this area and facilities acquired, as necessary for maintenance or preservation. -5.06(1): Off-street parking may be required -No private enterprise may occur on properties for which the fee simple or encumbered fee is owned by the municipality, except that which contributes to and does not conflict with appropriate public use and benefit. -Structures are prohibited on properties for which the fee interest is owned by the municipality, except those that further conservation or public passive recreational use of the property. I.3. Legal protection Through receipt of funding through the LAND grant program, this property is permanently protected under Article 97 of the Constitution of the Commonwealth of Massachusetts. -Ch. 132A, §11 – Act establishing the Self-Help (now LAND) grant program -Ch. 40, §8c – Authority of conservation commissions to hold land for conservation purposes -Article 97 – Prohibits conversion of the property from conservation and recreational use -LAND Project Agreement – Prohibits conversion of the property from conservation and recreational uses. Requires mitigation in the event of conversion. Requires appropriate public access. Recorded with deed. -Additional legal protections – Conservation Restriction held by Kestrel Trust I.4.Contact Information Provide contact information for property monitor or manager, landowner (if CR), and any other people or organizations involved in the property. Name (organization) Title (eg. property monitor) Mailing address Phone Northampton Conservation Commission Fee interest holder 210 Main Street, Room 11 City Hall Northampton MA 01060 413-587-1263 Kestrel Trust Conservation Restriction holder PO Box 1016 Amherst, MA 01004 413-549-1097 I.5. Land Management Plan If the municipality acquired a Conservation Restriction (CR) with the LAND grant, use the CR to help you fill out the Management Plan section below. Purpose: All LAND-funded properties must provide access to the general public for passive recreational activities. The specific subset of permissible passive activities varies from project to project and is described here. Permitted public activities: Note: These should be posted at the property entrance(s). walking, hiking camping Nordic skiing, snowshoeing hunting horseback riding fishing bicycle riding on designated trails gardening/agriculture picknicking swimming non-motorized watercraft Prohibited public activities: Note: These should be posted at the property entrance(s). motorized vehicles wood fires swimming horseback riding gardening/agriculture bicycle riding off designated trails alcohol hunting entry after dark w/o written permission fishing collection of plants/animals/soil/rocks dumping Camping (wilderness camping may be be allowed with written permission of the Commission) Collecting, cutting, and planting Additional comments on use of this property: Passive recreation and conservation purposes. Uses consistent with the most current Conservation Commission’s Land Use Regulations, which are subject to revision. Landscape conservation, biodiversity and resource protection, water resources protection, habitat conservation, preservation of vistas, passive recreation and creation and maintenance of a recreational trail system Structures: Structures that do not contribute to the conservation Structure Description Intended use None Known stewardship issues: Stewardship plans: Active forest or agricultural management plans: Harvesting of sawtimber or other forest management should be conducted only in consultation with a licensed forester and preparation of a Forest Management Plan for long-term objectives. Forest Management Plan – Mineral Hills Conservation Area. May 24, 2010. Forestry activities might be allowed in accordance with this plan if approved by the Conservation Commission. Mineral Hills Conservation Area Land Use and Management Plan – May 2007 The Conservation Commission and its partners are responsible for management of the property. Plans include increased signage of property, boundary marking, placement of boulders and gates to block vehicular access if possible, invasive species removal, trail clearing, rerouting, and connecting, continued agriculture on designated field, potential field or orchard creation on former agricultural field. Illegal dumping, partying and fires, hunting, use of motorized vehicles, trail system construction in progress, aluminum boardwalks on Sylvester Road access trail, trail erosion, spread of invasive species, abandoned rock quarry. access easement exists, as shown on Attachment B, survey plan, agriculture by license on field at eastern property boundary with Sylvester Road Section II: Maps II.1. Locus Map II.2. Monitoring map Please see attachment D, Natural Resources and Monitoring Map Please also refer to Attachment B, Survey and and Photo Index Map, Survey, and Attachment C, Compiled Plan and Photo Index Map, for property markings Section III: Site Visit Report III.1. General information Date of inspection: April 6, 2011, May 4, 2012 Time spent on property: 5 hours each visit People present: April 6, 2011: Sarah LaValley, Agent to the Conservation Commission, Mark Carmien, Friends of Mineral Hills Conservation Area, Michael Mauri, Stewardship Plan Forester May 4, 2012: Sarah LaValley III.2. Current property conditions Note: This section may summarize some provisions of the CR or Management Plan. The entire CR document must be read in order to understand its terms. A. Conditions of the property relevant to the purpose of this project: Purpose Condition Photo Landscape conservation The majority of the property remains in a natural state, with the exception of the abandoned quarry, and recent logging on the Chesterfield Road parcel. Logging has occurred historically in the southern parcels, but is not readily visible. G Biodiversity and resource protection The 2007 Management Plan provides an overview of the species present on the site. site. A diversity of terrain, forest types, and wetlands, provides for flora and fauna not common in other parts of Northampton. Invasive species were identified as a problem in the Stewardhip Plan, and include bittersweet and multiflora rose. Logging and agricultural use prior to the property’s acquisition also creates potential for invasive species to take hold if these areas are not managed. D, K, E2, F2, I2 Habitat conservation There is one certified vernal pool on the property – near the quarry. Several pvp exist, and should be evaluated for certification for awareness purposes. The abandoned beaver pond serves an excellent bird habitat, but will require maintenance to remain so. The 2007 Management Plan provides a list of different habitat types. Recent logging and historic agricultural use create opportunities for creation of other habitat types, including successional forest and grassland. F, K, T, E2, I2 Preservation Several prominent vistas are present along hilltops within the B of vistas Mineral Hills, but are becoming increasingly overgrown. Clearing will be required to maintain views. This can be done in accordance with the Stewardship plan, and could also create habitat. Passive recreation – creation of a recreational trail system Lack of a connecting trail system has limited recreational potential of the Area. Current trails include former logging roads and small footpaths. Trail connections are being created, and trails standardized to 4’ wide 8’ high, and re-routing is being done to avoid wetland areas and sensitive sites and avoid erosion-prone areas. A boardwalk was installed to access the Area from Turkey Hill Road. C,H, I, O, R, C2, G2 The Mineral Hills includes a former rock quarry, hilltops and slopes, vernal pools and wetland complexes with beaver ponds. Stands on the site include mature mixed-oak, hardwood mix and hemlock, with mixtures of pignut hickory, sugar maple, black and paper birch, and dwarf forest. Hardwood areas of the property contain a thick understory, including witch hazel, mountain laurel, low-bush blueberry and huckleberry. Wetland areas include sphagnum moss, ferns, and poison ivy. Portions of the property have been selectively cut in the past, and many of the parcels comprising the Area have been cut-off within the past 100 years. Invasive species are prevalent throughout much of the Area. The northern bookend was logged in 2011. B. Conditions of the property relevant to Permitted and Prohibited Uses: Activity Condition Date built/changed Photo Permitted Hiking on trails The property was acquired from a number of owners, and did not have a connecting trail system. Existing trails, and plans for trail work are shown on the monitoring map. Informal preexisting trails and roadways are being connected, and a boardwalk was installed near Sylvester Road parking area C, I, Q, R, C2 Agriculture Haying of the field at the eastern boundary near Sylvester Road is performed under a license from the Conservation Commission Q Prohibited Fires, alcoholic beverages, camping, entry after dark The Mineral Hills Area has been used as a party spot. Problem areas fluctuate, but include Turkey Hill Road near the Westhampton line,and photo A as shown on the photo location map Historic A Motorized vehicles ATV and dirtbike use is seen around the quarry and its trails, and sometimes in the trail network north of the homes on Turkey Hill Road. ATVs and larger 4-wheel drive vehicles travel on Turkey Hill Road (which is planned to be discontinued in June, 2012, following City Council approval.). historic C, Q, H2 Dumping Dumping is seen around party spots, on occasion near the end of Turkey Hill Road (not observed on these visit), the Sylvester Road parking area, and the pull-off at the quarry trail, as well as the open field areas on Montague Road. historic M C. Additional remarks regarding the present condition of the property: III.3. Boundary Conditions A. Do the boundaries on the ground clearly correlate to the legal description found in the CR document or property deed (i.e. can you follow the boundary after reading the description)? If not, how did you locate the property boundary? B. (If CR): Are portions of the property which are excluded from the Restriction marked or otherwise evident evident on the ground? C. Describe the condition of the boundary markings at all other points (i.e. stone wall, flagged, signed, unmarked): D. Describe the use of abutting properties, focusing on uses close to the boundary line: Boundary markings are referenced on Attachment B, survey plan, and Attachment C, Compiled Plan. All boundaries are also marked in yellow. N/A, owned in fee Yes There are infestations of invasive species to various degrees within the property. Twenty acres of damaging bittersweet were removed in spring 2011 around the quarry – photos D and E, where the problem was especially severe. Three parking areas exist – the main lot at Sylvester Road, a small pull-off at the end of Turkey Hill Road, and a dirt pull-off area at the intersection of Chesterfield and Montague Roads -photos M , O, and B2, respectively. E. Any other comments on boundaries? Encroachments have occurred along the Turkey Hill Road boundaries from uses associated with neighboring homes, and have included tree cutting, temporary structures, and motorized vehicle use. These were not present at the time of the site visit. Fences and stone walls within the Chesterfield Road parcel are often not accurate representations of property boundaries. Neighboring properties include residential uses; primarily detached single-family homes. Other uses include logging and forestland. Section IV: Photographs IV.1. Photo location map Survey Plan indicates location of property boundary photos The photo location map and compiled plan show the location from which documentary photographs were taken. IV.2. List of documentary photographs Photographer(s): Date Photo # Location description (where the photographer was standing) Cardinal direction Description of photo subject 5/18/11 1 See survey plan N/A Property marker corresponding to survey plan 5/13/11 2 See survey plan N/A Property marker corresponding to survey plan 5/13/11 2.5 See survey plan N/A Property marker corresponding to survey plan 5/13/11 11 See survey plan N/A Property marker corresponding to survey plan 5/13/11 11-12 See survey plan N/A Property marker corresponding to survey plan 5/13/11 12 See survey plan N/A Property marker corresponding to survey plan 5/13/11 13 See survey plan N/A Property marker corresponding to survey plan 5/13/11 14 See survey plan N/A Property marker corresponding to survey plan 5/13/11 15 See survey plan N/A Property marker corresponding to survey plan 5/18/11 16 See survey plan N/A Property marker corresponding to survey plan 5/13/11 18 See survey plan N/A Property marker corresponding to survey plan 5/13/11 19 See survey plan N/A Property marker corresponding to survey plan 5/13/11 20 See survey plan N/A Property marker corresponding to survey plan 5/13/11 21 See survey plan N/A Property marker corresponding to survey plan 5/13/11 22 See survey plan N/A Property marker corresponding to survey plan 5/13/11 23 See survey plan N/A Property marker corresponding to survey plan 5/18/11 25 See survey plan N/A Property marker corresponding to survey plan 5/18/11 29 See survey plan N/A Property marker corresponding to survey plan 5/18/11 30 See survey plan N/A Property marker corresponding to survey plan 4/18/11 31 See survey plan N/A Property marker corresponding to survey plan 4/18/11 32 See survey plan N/A Property marker corresponding to survey plan 4/18/11 33 See survey plan N/A Property marker corresponding to survey plan 4/18/11 34 See survey plan N/A Property marker corresponding to survey plan 4/18/11 35 See survey plan N/A Property marker corresponding to survey plan 4/18/11 37 See survey plan N/A Property marker corresponding to survey plan 4/18/11 38 See survey plan N/A Property marker corresponding to survey plan 4/18/11 39 See survey plan N/A Property marker corresponding to survey plan 4/18/11 40 See survey plan N/A Property marker corresponding to survey plan Property Boundaries1-53: Brian Franetovich, Northeast Surveys Photos R and S: Mark Carmien All others: Sarah LaValley, Conservation Agent Date Photo # Location description (where the photographer was standing) Cardinal direction Description of photo subject 4/6/11 A Southwest of property marker 12 W Prohibited Use – Party Spot 4/6/11 B Interior of property – south of pin 34 at former property corner E Viewshed -View of Sawmill Hills 4/6/11 C Interior of property, east of quarry and just west of wetlands complex N Prohibited Use – all terrain vehicle damage and problem spot – trail damage 4/6/11 D Interior of property, NE of quarry near stream SW Invasive Species – Oriental Bittersweet 4/6/11 E Interior of property, NE of quarry near stream SW Invasive Species – Oriental Bittersweet 4/6/11 F Interior of property – east of quarry along trail from TH Rd SE Looking into abandoned beaver pond, bird habitat neighbor’s home visible beyond wetland 4/6/11 G Interior of property – along trail leading around the quarry NW Abandoned quarry 4/6/11 H Interior of property – NE of Quarry along trail from TH Rd at stream intersection SE Trail erosion and flooding at intersection of trail and stream 4/6/11 I North property boundary, along trail, between corner points 37 and 38 on survey plan S Looking into property from boundary 4/6/11 J Interior of property – South of corner point S Looking into former cedar grove, cedar logs seen on floor 4/6/11 K Interior of property – west of corner point 21 on survey plan SE Looking into wetlands complex along stream 4/6/11 L Eastern property boundary at Sylvester Road, just south of reciprocal drainage easement, as shown on survey plan W Looking into property, old cellar hole 4/6/11 M Eastern property boundary at Sylvester Road, south of reciprocal drainage easement, as shown on survey plan SW Turkey Hill Road Parking Area – prohibited activity: dumping, plaque to property donor 5/25/11 N Southern edge of property, just east of corner point 10 as shown on survey plan NE Looking into property from grassed area near Turkey Hill Road – plaque to property donor 5/25/11 O Southern edge of property at Turkey Hill Road, near point point L13 as shown on survey plan N Looking into property from small pull-off area on Turkey Hill Road. Trail to quarry is shown 5/25/11 P Eastern property boundary at Sylvester Road, between points 25 and 26 as shown on survey plan W Looking into property from Turkey Hill Road into hayfield, neighbor’s house visible 5/25/11 Q NE of point 51 as shown on survey plan at Turkey Hill Road W Looking west along dirt portion of Turkey Hill Road from small pull-off area. Unauthorized vehicle access point 4/14/11 R Interior of parcel, just west of boundary with parcel 34-019, south of point 12 as shown on survey plan S Stream crossing, former logging road on ‘Kohl parcel’ 4/14/11 S Southern edge of property at Turkey Brook, north of point L7 as shown on survey plan W Turkey Brook on former Kohl parcel 5/4/12 T Trail from Sylvester Road parking area, near southern boundary, west of point 15 as shown on survey plan SW Boardwalk wetland crossing 5/4/12 U Trail from Sylvester Road parking area, southeast of point 18 as shown on survey plan W Boardwalk wetland crossing 5/4/12 V ‘southern bookend’ parcel, southeast of point 51 as shown on survey plan S Geologic outcropping 5/4/12 A2 Chesterfield Road frontage E Frontage, including stone wall 5/4/12 B2 Intersection of Chesterfield and Montague Roads S Pull-off parking area 5/4/12 C2 Trail entrance, Montague Road E Entrance to property from Montague Road. Plan for gate or chain at this location 5/4/12 D2 Montague Road, just north of Westhampton TL E Former logging landing area 5/4/12 E2 Interior of property along entrance trail from Montague Road N Former agricultural field 5/4/12 F2 Interior of Property east of Montague Road N Area that has been logged 5/4/12 G2 Flagpole portion of lot S Trail , eastern boundary visible on right 5/4/12 H2 Eastern boundary of area N Trail 5/4/12 I2 Interior of area W Area that has been logged IV.3. Documentary Photographs Please refer to Attachment E, photographs Section V: Amendments V. 1. How to amend this document This property is permanently protected as open space for conservation and passive recreational use only. It is difficult to anticipate all potential changes to the property that may occur, due to natural events, that may make it more or less appropriate for specific activities or uses. It is also difficult to know in the present the specific passive recreational uses future visitors to the site may want. For these reasons, it may become necessary in the future for portions of the Land Management Plan to be revised. Property acquired with LAND grant funding may not be used for active recreation. The following sections of this document may be revised: I.4. Contact information I.5. Land Management Plan sections: Permitted uses/activities Prohibited uses/activities Structures Stewardship plans Active management plans Any changes to these sections must still adhere to the LAND grant program regulations, Project Agreement, Article 97 requirements, and any other pertinent regulations. All changes must adhere to the terms of the Conservation Restriction, if applicable. Procedure for amending this document: Majority vote of the Conservation Commission. Questions about property uses or requests to amend Conservation Commission Land Use Rules and Regulations can be raised at a meeting of the Commission, or directed to the Conservation Agent.