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MODULE #4


   Best Stewardship Practices
        Training Module




                           April 2010




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




Prepared by: Sue Michalsky, Paskwa Consultants Ltd., Tel: 306-295-3696
                   Email:suemichalsky@sasktel.net
Best Stewardship Practices Training Module

Learning Outcomes:
   • Know the best practices associated with land trust stewardship that are
      recommended by the Alberta Land Trust Alliance, including
                   baseline documentation reporting,
                   monitoring, defence and enforcement,
                   landowner and public relations and
                   funding.
GLOSSARY

Baseline Documentation Report - The legal record of the site and condition of the resource;
included in the easement or deed package.
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.
Encroachment - Extension of a structure, portion of a structure, or destructive activity onto
someone else's property without permission.
Endowment - A fund which is kept in perpetuity to provide interest and dividend earnings
for the benefit of a charitable cause.
Liability - The responsibility of a land trust to ensure that negligence or inappropriate
actions do not result in bodily injury or property damage.
Monitoring - The act of observing and keeping a record of the activities and conservation
values associated with a conservation property.
Stewardship endowment - A dedicated, permanent source of funds for a land trust to cover
the costs of conservation easement monitoring and land management in perpetuity.
Violations - Breaking, breaching or contravening the restrictions and management
stipulations outlined in a conservation easement agreement to the detriment of the
conservation values of a property.
BACKGROUND


Stewardship is an important responsibility of land trust organizations. Land trust are
responsible for ensuring that conservation values are protected in perpetuity. If
implemented correctly, long-term stewardship creates credibility with landowners, donors,
governments, supporters, neighbours and staff. Because of this responsibility, land trust
alliances such as the Canadian Land Trust Alliance place a heavy emphasis on
recommended best practices associated with stewardship activities and administration.

The Canadian Land Trust Alliance (CLTA) includes perpetual responsibility as one of its
four guiding principles:

  Principle B: Perpetual Responsibility. Land trusts should recognize that they have an
  obligation to protect the lands and properties that they care for in perpetuity. As such,
  land trusts have a responsibility to act in the long-term best interest of both the
  properties, themselves and their organization.
BEST PRACTICES FOR BASELINE DOCUMENTATION REPORTING

The CLTA provides guidance on stewardship administration in standard 12, practice E:

       Land Stewardship Administration. The land trust performs administrative
       duties in a timely and responsible manner. This includes establishing policies and
       procedures, keeping essential records, filing forms, paying insurance, paying any
       taxes and/or securing appropriate tax exemptions, budgeting, and maintaining
       files. Staff and volunteers responsible for administrative duties and responsibilities
       will be adequately trained.

This responsibility begins with the baseline documentation report and applies
through all stages of stewardship.

BEST PRACTICES ASSOCIATED WITH BDRS FOR CONSERVATION EASEMENTS

The CLTA provides guidance on best practices associated with BDRs for conservation
easement agreements in standard 11, practice B:

        Baseline Documentation Report. For every conservation agreement, the land
       trust has a baseline documentation report (that includes a baseline map and
       photographs) prepared prior to closing and signed by the landowner at closing.
       Both the landowner and the land trust should hold at least one original copy. The
       report documents the important conservation values protected by the
       conservation agreement and the relevant conditions of the property as necessary
       to monitor and enforce the conservation agreement. In the event that seasonal
       conditions prevent the completion of a full baseline documentation report by
       closing, the baseline documentation report may include an interim baseline
       documentation report and an acknowledgement it will be replaced by a full
       report. This interim report and acknowledgement will be signed by the landowner
       at closing.

In addition to the guidelines recommended by CLTA, the Alberta Land Trust Alliance also
recommends:

   •    Either the full baseline documentation report or an interim version will be attached
        to the CE, and the conservation easement agreement should refer to it and describe
its purpose. A typical provision in a conservation easement agreement might state:
    The Parties agree that the Land and the Amenities are described in the Report.
•   It is good practice for the landowner and land trust to work together in gathering
    baseline information, even though it is the land trust’s responsibility to prepare the
    baseline documentation report. The landowner may have valuable information to
    contribute and participating in gathering the baseline information will educate the
    landowner about the land and may increase their commitment to its conservation.
•   The baseline report should be written in a manner that facilitates third party
    interpretation in order to account for acceptable natural dynamics of the property,
    as well as to support the defence of the CE in situations of non-compliance.
•   The land trust should provide each new landowner with a copy of the full baseline
    documentation report, particularly if the full report is not attached to the
    conservation easement agreement. This will ensure that all parties have complete
    information and also provides an opportunity for the land trust to contact the
    landowner. New landowners should be asked to sign a document indicating that
    they have read and agree with the contents of the baseline documentation report as
    an indication that they received a copy and an explanation of the terms.
•   Baseline information may become outdated in situations where land changes
    significantly over time. For example, a natural catastrophe or certain types of human
    intervention may alter the land to the degree that the original baseline report is no
    longer useful. It may be necessary either to update the baseline documentation
    report or prepare a new report. Ideally, this should be accomplished by way of an
    amendment to the conservation easement agreement to ensure that updated
    baseline information is fully incorporated.
•   Baseline documentation should be stored in a location where it is safe from harm
    and easily located. It should be stored in both electronic and hard copy form. See
    Appendix A for more detail on proper storage of baseline information.
BEST PRACTICES ASSOCIATED WITH BDRS FOR FEE SIMPLE PROPERTIES

The CLTA provides guidance on best practices associated with BDRs and management
plans for fee simple properties in standard 12, practices B and C:

       B. Stewardship Principles. The land trust establishes general principles to guide
       the stewardship of its fee-owned properties, including determining what uses are
       and are not appropriate on its properties, the types of improvements it might
       make and any land management practices it will follow. Principles should be
       clearly stated in all management plans and all public relations material.

       C. Land Management. The land trust inventories the natural and cultural
       features of each property prior to developing a management plan that identifies
       its conservation goals for the property and how it plans to achieve them.
       Permitted activities are compatible with the conservation goals, stewardship
       principles and public benefit mission of the organization. Permitted activities
       occur only when the activity poses no significant threat to the important
       conservation values and reduces threats or restores ecological processes.

In addition to the guidelines recommended by CLTA, the Alberta Land Trust Alliance also
recommends:

   •    An environmental site assessment or site inspection should be the first piece of
        baseline information collected on a property a land trust is considering owning.
        Such an inspection can detect environmental liabilities associated with the property
        which may provide a high risk to the land trust. Appendix B contains an example of a
        site inspection form.
   •    Baseline information may become outdated in situations where land changes
        significantly over time. For example, a natural catastrophe or certain types of human
        intervention may alter the land to the degree that the original baseline report is no
        longer useful. It may be necessary either to update the baseline documentation
        report or prepare a new report and management plan.
   •    Baseline documentation should be stored in a location where it is safe from harm
        and easily located. It should be stored in both electronic and hard copy form. See
        Appendix A for more detail on proper storage of baseline information.
BEST PRACTICES FOR MONITORING LAND TRUST PROPERTIES


The Alberta Land Trust Alliance recommends the following best practices for stewardship
monitoring of both CE and fee simple properties:

   •   Land trust goals for the monitoring program should be formally identified in written
       form and approved by the land trust board.
   •   Organizational capacity should be assessed periodically in terms of funding, labour
       and time, and a monitoring program developed or updated that both fulfills
       stewardship obligations and organizational sustainability. For some organizations,
       this assessment may mean refocusing, for a time, on stewardship rather than new
       land protection initiatives.
   •   Monitoring procedures should be written down and/or to a monitoring policy
       developed and periodically reviewed and updated. It will be a valuable resource for
       new board members and land trust personnel.
   •   Land trusts should establish a training program for monitors tailored to the
       monitoring requirements for the specific property. Depending on the conservation
       values protected and the nature of the monitoring required, it may be necessary to
       recruit monitors with technical expertise. Otherwise, lay volunteers generally will
       carry out monitoring duties. Training programs should teach techniques that will
       be required in the particular circumstances. These could include videotaping,
       photography, and the use of other specialized techniques. All monitors should be
       proficient in accurate and detailed note-taking.
   •   Personal safety is of primary importance for monitors. All potential hazards
       associated with land trust properties should be documented and brought to the
       attention of new monitors. Safety protocols should be designed and monitors
       should be trained annually to ensure a high safety standard. Safety protocols should
       include notification of when and where monitors will be, emergency response
       preparation, dealing with specific hazards including wildlife and difficult
       landowners, and first aid.
   •   Monitoring should be rigorous, credible and repeated at regular intervals.
       Information should be gathered as accurately, precisely and often as possible.
       Consistent use of the same methods, timing and techniques for gathering similar
       types of information is essential so that any differences in results can be clearly
       attributed to change on the land rather than variation in technique. Where possible,
       having the same individuals involved in monitoring a particular property over
       several monitoring cycles can contribute to consistency in gathering monitoring
       data.
•    Monitoring data and reports should be stored in a location where they are safe from
        harm and easily located. They should be stored in both electronic and hard copy
        form. See Appendix A for more detail on proper storage of monitoring information.
   •    Changes to a stewardship program should be phased in by implementing a timeline
        that allows the land trust to build capacity and fully understand how the changes
        will affect the stewardship program and the organization as a whole.

BEST PRACTICES ASSOCIATED WITH MONITORING OF CONSERVATION
EASEMENT PROPERTIES

The Canadian Land Trust Alliance provides guidance on best practices associated with
monitoring conservation easement agreements in standard 11, practices C and E:

       C. Conservation Agreement Monitoring. The land trust monitors its
       conservation agreement properties regularly, at least annually, except in
       exceptional and remote circumstances, in a manner appropriate to the size,
       restrictions and threats to the conservation values of each property. The land trust
       keeps written documentation (such as reports, updated photographs and maps) of
       each monitoring activity to confirm that the present use of the property is
       consistent with that at the time of donation or acquisition. Monitoring of
       Ecological Gifts will include confirmation that the present use of the property is
       consistent with that at the time of the donation and monitoring request. The land
       trust will determine the capabilities (both human and financial) of its
       organization to fulfill the short and long-term monitoring responsibilities and will
       not accept conservation agreements it cannot monitor effectively. If conservation
       agreements are monitored by volunteers, the land trust shall ensure that, they are
       trained, tailoring the monitoring techniques and requirements to the specific
       property.

       E. Enforcement of Conservation Agreements. The land trust has a written
       policy and/or procedure detailing how it will respond to potential violations of a
       conservation agreement, including the role of all parties involved (such as board
       members, volunteers, staff and partners) in any enforcement action. Policies and
       procedures should ensure that all discussions and actions taken are recorded and
       that all copies of correspondence and documents are retained and kept in a safe
       location. The land trust takes necessary and consistent steps to see that violations
       are resolved and has available, or has a strategy to secure, the financial and legal
       resources for enforcement and defence.

In addition to the guidelines recommended by CLTA, the Alberta Land Trust Alliance also
recommends:
•   The land trust should create or adapt a standard CE monitoring form.
•   The monitoring program should be designed, and monitoring report written, in a
    manner that facilitates third party interpretation to account for acceptable natural
    dynamics of the property, as well as to support the defence of the CE in situations of
    non-compliance.
•   Land trusts should monitor only for compliance with the terms of the CE. It is
    important for the land trust to maintain the distinction between issues related to the
    CE and land management that is not part of the land trust’s responsibility. This
    distinction simplifies monitoring requirements and helps maintain positive
    relations with the landowner.
•   Where possible, permanent staff should be engaged in monitoring as it provides
    necessary continuity, consistent conservation easement agreement interpretation,
    proactive relations with landowners, and long-term organizational accountability.
•   In the event of a breach, the monitor should thoroughly document the breach and
    report to the stewardship team. The land trust should contact the landowner
    immediately and negotiate a timeline for compliance. Unintentional violations may
    be resolved through voluntary reparation by the landowner or by amending the CE
    to allow the activity. However, amendments to CEs should be very carefully
    considered. If agreement cannot be reached, or the landowner does not attempt to
    meet the deadline, a binding arbitration process should be started.
•   In general, parties to a CE are all committed to the protection of the land involved
    and a well designed and executed program of landowner contact usually prevents
    the need for enforcement. However, in some circumstances, it may be necessary for
    the land trust to enforce the terms of the CE. The land trust should enforce
    compliance in a timely fashion through the binding arbitration process (e.g.,
    mediation or litigation) outlined in the CE agreement when violations occur or it
    may lose the right to a remedy from the courts in the future.
•   Land trusts should have a written CE violation policy and procedures which outlines
    the roles of all parties involved including legal counsel; the sequence of determining,
    reporting and handling the violation; and steps to ensure that landowners are
    treated fairly and consistently through the process.
BEST PRACTICES ASSOCIATED WITH MONITORING OF FEE SIMPLE PROPERTIES

The CLTA provides guidance on best practices associated with monitoring fee simple
properties in standard 12, practice D:

     Monitoring Land Trust Properties. The land trust regularly monitors its
     properties and property boundaries for potential management problems such as
     trespass, misuse or overuse, vandalism or safety hazards or other activities as
     listed in the management plan and takes actions to rectify such problems. The land
     trust should mark the property boundaries or have capacity to establish the
     boundaries in the event of encroachments. Land trusts should record monitoring
     information and quickly respond to any problems. Monitoring of Ecological Gifts
     will include confirmation that the present use of the property is consistent with
     that at the time of the donation and monitoring documentation relating to
     Ecological Gifts will be made available to Environment Canada upon request.

In addition to the guidelines recommended by CLTA, the Alberta Land Trust Alliance also
recommends:
    • Encroachment and illegal activities on fee simple properties can usually be
       prevented if the land trust marks and maintains its boundaries and monitors
       regularly. Signage should include ownership at minimum, but might also include
       purposes and permitted and prohibited uses. Hazards on the property should also
       be marked.
    • In addition to signage and monitoring, a land trust with property that allows public
       access should hold liability insurance.
BEST PRACTICES FOR LANDOWNER RELATIONS

Building strong relationships with landowners is essential to the success of a land trust.
The land trust’s reputation in the landowner community will determine the success it will
have in securing land. Land trusts and landowners are partners in effective management of
CE properties and good relations with CE landowners help ensure violations do not occur.
Many land trusts feel that landowner relations are the best defence against CE violations.

The best practices in this section apply primarily to conservation easement properties.
However, the practices recommended should also be used to guide landowner contact
when securing fee simple properties or communicating with neighbours of fee simple
properties.

The CLTA provides guidance on best practices associated with landowner relations for
conservation easement agreements in standard 11, practice D:

     Landowner Relationships. The land trust maintains regular contact with owners
     of properties with conservation agreements. When possible, it offers landowners
     information on property management and/or referrals to resource managers. The
     land trust enlists a contact staff or volunteer assigned to respond to landowner
     requests or inquiries. These staff or volunteers will be trained on how to work with
     landowners. The land trust strives to build promptly a positive working
     relationship with new owners of properties with conservation agreements and
     informs them about the conservation agreements existence and restrictions and
     the land trust’s stewardship policies and procedures. The land trust establishes
     and implements systems to track changes in land ownership. Land trusts should
     offer the new landowners a copy of the conservation agreement and baseline
     documentation as well as any information about its work in general.

The CLTA provides guidance on best practices associated with community relations
associated with fee simple properties in standard 12, practice F:

     Community Outreach. The land trust keeps neighbours and community leaders
     informed about its ownership and management of conservation properties.

In addition to the guidelines recommended by CLTA, the Alberta Land Trust Alliance also
recommends:
•   Prior to monitoring a CE property, the land trust should contact the landowner to
    provide notice of its monitoring plans, including the date and methods of
    monitoring. Some land trusts in Alberta provide notice in writing early in the year
    and then confirm the date by phone at least 24 hours in advance of the actual
    monitoring visit. Even if the terms of the CE do not require prior agreement on
    monitoring dates or notice, it is respectful to do so and relations between
    landowners and land trusts will be strengthened by such contact.
•   As the representative of the land trust, the monitor should contact the landowner to
    inform the landowner of the pending monitoring visit, to introduce themselves, to
    advise the landowner about planned monitoring techniques, and to ask if the
    landowner has any concerns. Where there has been no previous contact between
    the monitor and the landowner, it may be preferable for long term staff to make the
    initial contact to introduce the monitor.
•   Land trusts should invite the landowner to accompany them on the monitoring visit
    or ask if the landowner would like to meet with the monitor after the monitoring
    visit. The monitoring visit provides an opportunity for a land trust to discuss its
    goals and stewardship philosophy and to seek information and opinions from
    landowners.
•   Land trust staff should brief monitors about appropriate questions to ask
    landowners as well as questions to expect from landowners. Careful preparation
    and prior contact with the landowner will help prevent any conflict or unpleasant
    surprises.
•   If a CE is monitored remotely in some years, the landowner should still be contacted
    in writing to inform them of the method and timing of monitoring and by phone to
    ask if they have any concerns or if there is anything that the land trust needs to be
    aware of.
•   Monitors should access the property only as permitted legally or by permission of
    the landowner. Use only public points of access or ask permission to use private
    access. Monitor on foot or ask permission from the landowner to use alternate
    methods of transportation. Use respect - stick to established roads and trails as may
    be described in the CE when using motorized vehicles.
•   The responsibility for taking action when a landowner is not in compliance with a
    CE lies with the land trust, not with the individual monitor. If violations are
    suspected during the monitoring visits, monitors should avoid discussion of the
    violation with the landowner. The violation should be thoroughly documented and
    presented to the stewardship team who will determine how to communicate with
    the landowner about this issue.
•   Land trusts should ask the landowner to sign off on monitoring reports. Sign off by
    the landowner indicates that they acknowledge the monitoring visit and have
    reviewed and agree with the results. Some land trusts send two copies of the
    monitoring report and ask for one to be signed and returned. If the report is not
returned, the land trust follows up with a phone call or visit. Signed copies of the
    monitoring report should be stored in the monitoring file.
•   There may be coholders or funders who require or would benefit from knowing the
    results of the monitoring visit. Depending on their interest in a property, land trusts
    should keep them up to date by providing information on dates and methods of
    monitoring, copies of monitoring reports and/or copies of correspondence between
    the landowner and the land trust.
•   The land trust should put in place a general program for maintaining contact with
    landowners and other partners in addition to monitoring visits. This could include
    providing landowners with regular updates of the land trust’s conservation
    activities as well as regularly scheduled specific contact with the landowner.
    Outreach programming may also include newsletters, field tours, publications,
    websites etc.
•   Land trusts should develop policies regarding contact with landowners and keep
    monitors informed of these policies. For example, the organization’s policy might
    involve a volunteer monitor contacting the landowner to arrange a visit and an
    interview time, if necessary, once a staff representative has made initial contact.
    When arranging monitoring visits, it is a good idea to check with the landowner
    about any specific circumstances to be careful of, such as the presence of livestock
    or wildlife.
•   Land trusts need to establish a method of determining when CE properties change
    hands. In Alberta the land titles office normally provides written notice to interest
    holders of a transfer of ownership. Land trusts should also request that landowners
    notify the land trust of any transfer in ownership. The land trust should have a
    policy in place to ensure they are aware of any land transfers and have a process to
    communicate in a timely manner with new owners.
•   New owners should immediately be sent copies of the conservation easement
    agreement and the baseline documentation report. The land trust should follow up
    this initial contact with a face to face meeting where they can introduce their
    mission and goals for the property, review the easement terms, and discuss the
    monitoring process.
BEST PRACTICES FOR DEDICATED STEWARDSHIP FUNDING

The CLTA provides guidance on best practices associated with dedicated stewardship
funding in standard 6, practice G; standard 11, practice A; and standard 12, practice B:

       6 G: Funds for Stewardship and Enforcement. The land trust has a secure and
       lasting source of dedicated or operating funds sufficient to cover the costs of
       stewarding its land and conservation agreements over the long term and
       enforcing its conservation agreements, tracks stewardship and enforcement costs,
       and periodically evaluates the adequacy of its funds. In the event that full funding
       for these costs is not secure, the board has adopted a policy committing the
       organization to raising the necessary funds.

       11 A: Funding Conservation Agreement Stewardship. The land trust determines
       the long-term stewardship and enforcement expenses of each conservation
       agreement transaction and secures the dedicated or operating funds to cover
       current and future expenses. If funds are not secured at or before the completion of
       the transaction, the land trust has a plan to secure these funds and has a policy
       committing the funds to this purpose.

       12 A: Funding Land Stewardship. The land trust determines and documents the
       immediate and long-term financial and management implications of each land
       transaction and secures the dedicated and/or operating funds needed to manage
       the property, including funds for liability insurance, maintenance, improvements,
       monitoring, enforcement and other costs. The land trust sets priorities, ensuring
       first and foremost that the values for which the property was acquired are at least
       maintained or preferably strengthened. If funds are not secured at or before the
       completion of the transaction, the land trust has a plan to secure these funds and
       has a policy committing the funds to this purpose.

In addition to the guidelines recommended by CLTA, the Alberta Land Trust Alliance also
recommends:

   •    The land trust should have a written land stewardship fund policy that can be
        shared with funders and partners (see Training Module 3: Dedicated Stewardship
        Funding for information on stewardship fund policy).
ADDITIONAL RESOURCES


Background to Canadian Land Trust Standards and Practices. 2007. The Canadian Land
Trust Alliance.

Canadian Land Trust Standards and Practices. 2007. The Canadian Land Trust Alliance

Conservation Easement Stewardship. 2008. Standards and Practices Curriculum. The
Land Trust Alliance

Greening Your Title: A guide to best practices for conservation covenants, 2nd Edition.
2005. Ann Hillyer and Judy Atkins. West Coast Environmental Law.
APPENDIX A: DATA STORAGE AND ARCHIVING


The following guidelines have been extracted from the LTABC Baseline Inventory Guide.
2006. Although the guidelines were prepared for baseline documentation, they are equally
applicable to monitoring information.
- DATA STORAGE AND ARCHIVING -
Data storage and archiving methods are critical components of the baseline inventory process. As
baseline inventory reports may be necessary for future legal action, it is essential that appropriate
methods be taken to ensure that data do not degrade over time, and that all information can be
properly identified.

Data storage refers to the physical methods taken to ensure that the data remains viable in the long
run, while archiving involves the proper labelling and identification of your data to ensure that you
know what it is in the future. The following section of this guide discusses this issue in detail.

ARCHIVING
In order to ensure that data can be positively identified in the future, it is advisable that simple
archiving methods be undertaken. For all reports, maps, and field notes make sure that the name
and date of the inventory of the property is clearly indicated. For photographs it is a different
matter.

Each photograph that is taken during an inventory needs to be labelled. Labels should indicate the
date, location, subject and photographer. A simple method to do this is to create a unique code for
each photograph. For example, photographs were taken on the ABC Nature Reserve on August 20th,
2005. Before field work was started, the following code and information was decided upon:




Therefore, all photos taken on the ABC Nature Reserve would use this code as a unique identifier.
The first photo would be labelled ABC-200805-R1-01, the second labelled ABC-200805-R1-02 and
so on. Photos taken on the same date but on a different roll would use R2, R3 and so on. Future
monitoring photos can then use the same format with dates changing as necessary to ensure
consistency through time.



LTABC Data Storage & Archiving Guidelines
In the body of the baseline report you can create a table which states the unique code for a given
photo, and provides descriptions of the subject, location, etc. This method only requires a short
code to be written on each photo, thereby reducing the chance of damage to the photo and ensuring
that the photo can be accurately identified and described in the future.

A data form can be used in the field to record the location and subject of each photograph to ensure
that they can be described later in the report. As well, it is recommended that a Photo ID Sheet is
used. The Photo ID Sheet contains all of the information described above (property name, code,
date, and roll number). At the beginning of each roll the first photo should be of the Photo ID Sheet.
This way, the necessary information is permanently embedded on the negative and multiple rolls
are not confused when processed.

For digital photographs the same technique can be used. Roll numbers are obviously not required,
but it may be necessary to replace the roll number with a flash card number depending on available
memory. Instead of writing the code on each photo, it can be digitally placed on the front of the
photo. The file name of the photo should also be the unique code so specific photos can easily be
located.

DATA STORAGE

Introduction
Data storage is one of the most important aspects of your baseline inventory. If your records do not
survive time then, obviously, they are useless. The general rule for all data storage is duplication,
duplication and duplication. The issue of digital storage is relatively new and constantly changing.
The information on digital storage in this section is current for 2006, but it will likely become
obsolete within the decade. Therefore, digital storage methods need to be constantly evaluated and
updated as required by technological changes since methods used today may not even be
recognizable in the near future.

Paper & Ink
As baseline inventory reports will be used for a long time, it is important to use archive quality ink.
Most bubble jet and inkjet printers use very cheap ink that generally does not last long. Laser
printers, on the other hand, use powdered ink similar to photocopiers that will last much longer.
Colour printing is also a problem. Most colour ink fade very quickly, especially red. Colour laser
printing generally lasts longer then bubble jets or ink jets. Paper should be acid free and at least 22
lbs. weight. Special, coated paper is available for colour prints. Avoid storing any paper product in
the sun as it will greatly increase the fading of ink and degradation of paper.

Negative and Slide Storage
Of all photographic sensitized products, processed negatives are usually given the least attention
when it comes to storage (Kodak, 2003). As with photos and slides, negatives must be properly
stored and handled to preserve their quality. Special care must be taken with storage, as even when
stored in the dark, colour negatives slowly change and lose quality.

Negatives and slides must be kept free of dust, fingerprints and any other contamination as these
things often contain chemicals and endospores that can damage the image. Negatives should be

LTABC Data Storage & Archiving Guidelines
stored in a dark place as light can affect the photographic dye. Storage boxes made of metal is
preferred as metal is does not contain preservatives like wood, or produce volatile chemicals as
does plastic. If stored in envelopes or plastic sleeves make sure they are of archive quality and do
not contain any damaging substances.

Temperature and humidity must be controlled as both adversely affect processed negatives and
slides. The following conditions and precautions are recommended by Kodak (2003) when storing
negatives and slides:
    • Keep storage containers away from radiators, warm-air registers, and windows where
         sunlight can strike them.
    • Keep the temperature low for long-term storage. High temperature and high relative
         humidity can affect processed negatives. A temperature of 0°F (-18°C) and a relative
         humidity between 30 and 35 percent are excellent conditions for long-term storage.
    • Even minor reductions from room temperature have a major beneficial impact on the
         stability of an image.
    • Do not store negatives in areas where ozone-generating machines such as photocopiers are
         used.
    • Air conditioning and climate control can significantly reduce the level of airborne
         pollutants, but be sure to change filters regularly. Chemical fumes can harm negatives and
         slides. Check your storage area for harmful fumes.

Photo Storage
Photographs are susceptible to the same environmental factors as slides and negatives; primarily
extreme temperatures, humidity, and chemical and biological degradation. Photographs should be
stored in archive quality albums or transparent sheets in binders. Binders or albums should be kept
out of direct sunlight preferably on open air shelves. Kodak (2003) recommends the following:
    • Provide a cool, dry, uncontaminated storage place.
    • Avoid storing prints in the original cardboard box or package. Packaging material that is
        suitable for unexposed sensitized materials may not be inert to processed materials. Use
        archival safe boxes or envelopes.
    • The best storage conditions for color prints are the same as those for most other
        photographic products. Store prints in the dark at 75°F (24°C) or lower and at 30- to 50-
        percent relative humidity.

CD Use and Storage
Compact Disks (CD) are considered to be a long lasting, inexpensive way of storing digital data. All
monitoring data should be printed and recorded on duplicate CDs for long-term storage. However,
there are a number of things that can greatly affect the longevity of the CDs and, therefore, the
longevity of the data on the CDs. Longevity is usually limited by the cumulative effects of small
scratches and contaminants that are introduced through normal handling and use (Media Sciences,
2003). Therefore, care must be taken to ensure that CDs are used and stored in an appropriate
manner and always in duplicate.

When purchasing recordable CDs it is better to choose more expensive brands that come with their
own jewel case. These days there are hundreds of brands to choose from, each with their own claim

LTABC Data Storage & Archiving Guidelines
as the best on the market. Ignore the claims as there is no proven ‘best’ brand, but price is linked
with quality. According to Media Science Inc. (2003) there was “no correlation observed between
CD-R quality and dye type (cyanine or phthalocyanine), metallization (gold or silver), or recording
speed (2X-8X)”. For archiving purposes, Media Science Inc. (2003) recommends the following:
“Generally accepted capacities are 650 MB for 74 minute discs and 550 MB for 63 minute discs.
High quality recording should utilize only 550 MB or less of a 74 minute disc, because performance
may rapidly degrade at large diameters.

Use 63 minute CD-R discs for all but the highest capacity applications. Benefit from higher quality
and the improved probability of successful interchange. Careful investigation shows that data
written on 63 minute CD-R discs may be of significantly higher quality than data on 74 minute
discs.”

Once data has been recorded onto the CDs, care must be taken to handle and store them in a proper
manner. When labeling the CDs Media Science Inc. (2003) recommends the following:
“Although damage to the readout surface can cause a disc to fail, the label side is even more
delicate. CD discs have a soft, very thin protective coating on the label surface that is vulnerable to
chemical or physical attack. Physical damage to this surface will destroy the underlying recorded
data, or will admit atmospheric contaminants that corrode the metallic coating. Silver is particularly
vulnerable to attack by sulphur, a common air pollutant. Even aluminum layers used for CD-ROM
discs oxidize when exposed to clean air, resulting in loss of performance. Application of a label or
other marks can also cause degradation. Special non-reactive adhesives or inks must be used to
avoid attack of the metallization layer by migration of chemicals through the protective coating.
The safest method of identification is to rely on the manufacturer's lot code that is present on the
clear inner ring of the disc. Small, custom markings in this area can be safely made with felt-tipped
marking pens that use waterbased inks. Such pens may be available from CD-R manufacturers or
can be purchased at office supply shops.

Popular felt-tipped pens, such as the Sharpie, use solvent-based inks. The solvent can attack
certain CD protective coatings, causing degradation that may not be immediately apparent.
Even water-based inks may not be safe, since the permanent ink from any marking pen can
subsequently degrade the information layer. Do not write using a ballpoint pen or other
object having a hard point.”

CDs should always be stored in clean, non-flexible, plastic jewel cases. Media Science Inc. (2003)
recommends that “both unrecorded and recorded disks should be [stored] in a stable storage
environment of 10 C-15 C and 20%-50% relative humidity, and protected from sunlight and other
radiation sources”. CDs should never be exposed to extreme temperatures or bright light.

Long Term Facilities and Packaging
Care must be taken to use appropriate packaging and facilities for any data that are stored for the
long term. For packaging materials, Kodak (2003) recommends the following:
    • Use proper packaging materials. Do not store processed material in the original packaging.
        Over time, some adhesives, glues, and products from the manufacture of paper and plastics
        are harmful to photographic products.


LTABC Data Storage & Archiving Guidelines
•   All mounting boards, interleaving paper, album covers and pages, and plastic sleeves and
        sheets must be free of acids, peroxides, plasticizers, metal particles, wood fibers, sulfites,
        nitrates, and chlorides.
    •   Fumes from mothballs, mildew inhibitors, wood preservatives, paints, varnishes, and wood
        glues can contaminate drawers and harm photographic materials. Therefore, open
        bookshelves may be a better place to store albums and prints.

Protection against fire is another necessity for obvious reasons. Even with a fireproof vault, as
described below, it is vital to keep the originals and copies in separate locations for added security.
Kodak (2003) recommends the following for long-term storage facilities:
“A ‘fireproof’ storage vault located and constructed in accordance with local building codes and
underwriters’ regulations offers additional protection for large collections. The vault should have
enough insulation to provide satisfactory temperature control all year around, prevent moisture
condensation on the walls, and provide significant resistance to internal temperature increases in
the event of fire. For smaller collections, a fire cabinet or safe will provide protection.

Examine any safe carefully before using it. Many fire-resistant safes and cabinets have a type of
insulation that releases moisture when heated; the interior can become filled with steam during a
fire, which can damage photographic emulsions. Before storing any films or prints in this type of
safe, seal them in moisture proof and photographically inert storage envelopes”.




LTABC Data Storage & Archiving Guidelines
APPENDIX B: SAMPLE SITE INSPECTION FORMS


The following documents have been provided by the Alberta Conservation Association and
include:
    1. Phase 1 ESA Site Visit Form
    2. Phase 1 ESA Environmental Assessment Form
    3. Phase 1 ESA Interview Form
Phase 1 Environmental Site Assessment (ESA)
                                      Site Visit Form

     Site Visit Conducted                                            General Method
     by:                                                             Used:
     Site Visit Date and                                             Site Visit
     Time:                                                           Conditions:


     Property Legal
     Description:




                                    Qrtr                  Sect                Twp                Rnge                 Mer
     Current/Previous
     Land Use:



Any evidence of current or past use of hazardous materials on the property?
(i.e. PCB’s, asbestos (insulation), Lead (paint, pipes), ozon-depleting substances, urea foam, formaldehyde, radon etc).



Hazardous Materials Inventory:
(Note: approximate quantities/types of containers and storage conditions)



Any unidentified substances observed on the property?



Any storage tanks observed on the property or adjacent properties or previously removed or abandoned tanks/storage facilities?



Any strong noxious or pungent odours detected?



Do property grounds show any sign of contamination?
(e.g. stressed or dead vegetation, soil staining, water films etc)



Any well sites (active or abandoned) including water, oil or gas?



Any pits, lagoons or dug-outs on the property or adjacent properties?



Any buildings on the property?



Does the exterior of any building on the property show sign of contamination?
ALBERTA CONSERVATION ASSOCIATION

ENVIRONMENTAL ASSESSMENT FORM



Site:

Location:

Prepared By:                                                       Date:

Please complete the form as fully as possible using “don’t know “ or “not applicable” as appropriate
for questions you cannot answer. The original of this form, sketch map, and photographs should be
submitted with the land acquisition/donation proposal package to Head Office.

Overall Assessment: (Indicate the source of information you consulted in conducting this
assessment):
    Interviews with owner
    Interviews with others-identify:
    Interviews with fire, health, building, land use or environmental official-identify:

*Aerial photos-current
    Aerial photos-historical (give years):
    Topographical maps
    Zoning/land use maps
    Land title search (chain of title history)
    Building Plans
    Other government records-identify:
    Previous environmental assessments-identify:
    Other-specify:

Describe your visit and how you inspected the property: (e.g. walked perimeter, entered buildings,
drove all passable roads, flew over interior, etc.)



List the date and time of all visits and identify all persons present during visits:
Attach a sketch map of the property covered by this assessment (and adjacent property if necessary).
Show any areas of concern noted in this assessment. Identify those areas that you physically inspected
(e.g. paths walked, roads driven, etc.).
Take pictures of the property (particularly any problem areas) and include them with this form.


Property History/Use: List all known historical and current uses of the property (e.g. agricultural,
manufacturing, undeveloped land, etc.) Identify all known owners/operators. Include dates/time periods
of these uses as appropriate.




List all known historical and current uses of adjacent properties that might have an impact on this
property. Include dates/time periods as appropriate.



List all buildings/structures on the property and their uses.



General Property Condition: (When visiting the property, did you observe the following):

                                                                Yes         No         Don’t
                                                                                       Know
Distressed vegetation or any areas that were bare for no
apparent reason.

Unusual odors.
Stains (unusual or around areas where chemicals are
stored/used)

Evidence of dumping

Trash or other debris

Drains

Any unusual depressions or mounds

Sheens or unusual colors on the surface of water bodies

Piping/vents for underground storage tanks
Comment on any yes answers above and locate those areas on the sketch map.



Identify any other areas of concern and identify on sketch map.



Water Impoundments: (Indicate if any of the following are on the property and how they are used
and what they contain. Identify any of the following on the sketch map.)

   Ditches:
   Pits:
   Ponds:
   Lagoons:
   Clarifiers:
   Oil/water separators:
   Surface impoundments:
   Sumps:


Drums: (If storage drums are on the property, show them on the sketch map and provide the
following information):

   Are they empty:
   What is/was in the drums:
   Any evidence of leaking:
   Will the drums need to be moved:
   Describe the area around the drums:


Transformers: (If transformers, pole-mounted or pad-mounted are located on the property, show
them on the sketch map and provide the following information):

   Type of device and who owns them:
   Are they labeled as containing PCB’s or being PCB free:
   Any evidence of leaking or damage:


Storage Tanks: (If storage tanks are or were on the property, show them on the sketch map and
provide the following information):

   Is/are the tanks above or below ground:
   Age and size of tanks:
   What was/is stored in the tanks:
   Details on any tank that has been removed:
   Describe permits for the tank, if available:
   Results for any tank and associated piping that has been tested:
   Describe the area around the tank and indicate any evidence of leaking or spilling:
Septic Tanks or fields: (If septic tanks or fields are on the property, show them on the sketch map and
provide the following information):

    Are they in use or abandoned:
    Did they receive any industrial materials and what type:




Wells: (If wells are on the property, show them on the sketch map and provide the following
information):

    The type of well and how is it used:
    Are the wells in use or abandoned:
    Are the wells locked or protected:
    If the well has been tested attach results.
    Have there been any complaints about the quality of the water or flow rate:



Mineral/Petroleum Operations: (If any oil or gas wells, or other mining activities are on the
property, show these locations on the sketch map and provide the following information):

    The type of operation:
    Where the wastes of the operation was disposed:
    Any gas or oil pipelines:
    Details of any pipeline leakage:
    The owner/operator of any well, pipeline or mine:



Radon: (Attach the results of any radon test conducted in any building on the property)


Asbestos: (Describe any evidence of materials that are likely to contain asbestos. Check roof, exterior,
pipe coverings, spray-on fire proofing, cement sheet, etc. Describe the types, amounts and condition of
materials intact or deteriorating)




Fill: (If fill has ever been brought to the property, indicate where and when it was placed and where it
came from)
Grading: (If there has been any grading or disturbance to the soil, indicate why)




Chemicals: (If any chemicals have been used on the property, indicate the types of chemicals, how
they were used and where and how they were stored. Chemicals are industrial materials, cleaning
compounds, lubricating agents, greases, oils, heating fluids, gasoline, pesticides; i.e. insecticides,
herbicides, fungicides and fertilizers and metals)




Waste Disposal: (If the property has been used to dispose of waste, indicate the kinds of materials
disposed and identify the method of disposal; i.e. burning, discharge to waterbody, dump, land
farming, landfill, recycled, settling ponds, surface impoundments, etc. Identify these sites on the
sketch map)

         Material                                     Method of Disposal
Appliances
Asbestos
Automobiles
Chemicals
Construction debris
Garbage (food wastes)
Household trash
Incinerator ash
Industrial wastes
(identify)
Mining wastes
Pesticide containers
Pesticides
Petroleum products
Sewage sludge
Tires
Other (identify)
Spills: (If there has been a chemical spill or leak on the property, indicate what was spilled, where it
was spilled, how much, and what actions were taken in response)




(Indicate if there has been any chemical spills or leaks on adjacent properties or in the surrounding
area)




Studies/Records/Enforcement:

    Attach copies of any previous environmental assessments, tests, samplings or impact statements that
    have been conducted for the property.
    Indicate any communications the current landowner has had with any government agency concerning
    environmental conditions on the property.
    Indicate if government officials have ever investigated, cited or been involved with any violations of
    any environmental law on this property or in the immediate area.
    Does this property or any property within one-half mile radius appear on any list of “problem” sites
    maintained by an environmental agency.




Summary: Summarize the overall condition of the property and your conclusions and/or
recommendations regarding the property.




Signature of Preparer:                                           Date:


Signature of Reviewer:                                           Date:
Phase 1 Environmental Site Assessment (ESA)
                                        Interview Form

     Interview Conducted                                            Name of
     by:                                                            Interviewee:
     Interview Date and                                             Interviewee
     Time:                                                          Relation to the
                                                                    Property


     Property Legal
     Description:




                                   Qrtr                 Sect                 Twp                 Rnge                 Mer
     Current/Previous
     Land Use:



How long have the current owners had the property?



To the best of your knowledge have any businesses occupied either all or portions of the property in the past, as owners, renters or
leasers?




To the best of your knowledge have portions of the property been owned, rented or leased to other businesses that could have
stored chemicals, washed machinery, or produced or used hazardous materials?




Are you aware of any past or current above ground or below ground storage tanks on the property or adjacent properties?



Are you aware of the storage of any chemicals/fuels or other hazardous materials that are, or were previously, stored on the
property or adjacent properties?



Are you aware of any hazardous material spills that have occurred on the property or adjacent properties?



Interview Limitations:



Signatures
Interviewee:                                             ACA Interviewer:

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Alberta land trust 2009 03 4 of 6-best stewardship practises

  • 1. MODULE #4 Best Stewardship Practices Training Module April 2010 This project is made possible through a grant from the Alberta Real Estate Foundation Prepared by: Sue Michalsky, Paskwa Consultants Ltd., Tel: 306-295-3696 Email:suemichalsky@sasktel.net
  • 2. Best Stewardship Practices Training Module Learning Outcomes: • Know the best practices associated with land trust stewardship that are recommended by the Alberta Land Trust Alliance, including baseline documentation reporting, monitoring, defence and enforcement, landowner and public relations and funding.
  • 3. GLOSSARY Baseline Documentation Report - The legal record of the site and condition of the resource; included in the easement or deed package. 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. Encroachment - Extension of a structure, portion of a structure, or destructive activity onto someone else's property without permission. Endowment - A fund which is kept in perpetuity to provide interest and dividend earnings for the benefit of a charitable cause. Liability - The responsibility of a land trust to ensure that negligence or inappropriate actions do not result in bodily injury or property damage. Monitoring - The act of observing and keeping a record of the activities and conservation values associated with a conservation property. Stewardship endowment - A dedicated, permanent source of funds for a land trust to cover the costs of conservation easement monitoring and land management in perpetuity. Violations - Breaking, breaching or contravening the restrictions and management stipulations outlined in a conservation easement agreement to the detriment of the conservation values of a property.
  • 4. BACKGROUND Stewardship is an important responsibility of land trust organizations. Land trust are responsible for ensuring that conservation values are protected in perpetuity. If implemented correctly, long-term stewardship creates credibility with landowners, donors, governments, supporters, neighbours and staff. Because of this responsibility, land trust alliances such as the Canadian Land Trust Alliance place a heavy emphasis on recommended best practices associated with stewardship activities and administration. The Canadian Land Trust Alliance (CLTA) includes perpetual responsibility as one of its four guiding principles: Principle B: Perpetual Responsibility. Land trusts should recognize that they have an obligation to protect the lands and properties that they care for in perpetuity. As such, land trusts have a responsibility to act in the long-term best interest of both the properties, themselves and their organization.
  • 5. BEST PRACTICES FOR BASELINE DOCUMENTATION REPORTING The CLTA provides guidance on stewardship administration in standard 12, practice E: Land Stewardship Administration. The land trust performs administrative duties in a timely and responsible manner. This includes establishing policies and procedures, keeping essential records, filing forms, paying insurance, paying any taxes and/or securing appropriate tax exemptions, budgeting, and maintaining files. Staff and volunteers responsible for administrative duties and responsibilities will be adequately trained. This responsibility begins with the baseline documentation report and applies through all stages of stewardship. BEST PRACTICES ASSOCIATED WITH BDRS FOR CONSERVATION EASEMENTS The CLTA provides guidance on best practices associated with BDRs for conservation easement agreements in standard 11, practice B: Baseline Documentation Report. For every conservation agreement, the land trust has a baseline documentation report (that includes a baseline map and photographs) prepared prior to closing and signed by the landowner at closing. Both the landowner and the land trust should hold at least one original copy. The report documents the important conservation values protected by the conservation agreement and the relevant conditions of the property as necessary to monitor and enforce the conservation agreement. In the event that seasonal conditions prevent the completion of a full baseline documentation report by closing, the baseline documentation report may include an interim baseline documentation report and an acknowledgement it will be replaced by a full report. This interim report and acknowledgement will be signed by the landowner at closing. In addition to the guidelines recommended by CLTA, the Alberta Land Trust Alliance also recommends: • Either the full baseline documentation report or an interim version will be attached to the CE, and the conservation easement agreement should refer to it and describe
  • 6. its purpose. A typical provision in a conservation easement agreement might state: The Parties agree that the Land and the Amenities are described in the Report. • It is good practice for the landowner and land trust to work together in gathering baseline information, even though it is the land trust’s responsibility to prepare the baseline documentation report. The landowner may have valuable information to contribute and participating in gathering the baseline information will educate the landowner about the land and may increase their commitment to its conservation. • The baseline report should be written in a manner that facilitates third party interpretation in order to account for acceptable natural dynamics of the property, as well as to support the defence of the CE in situations of non-compliance. • The land trust should provide each new landowner with a copy of the full baseline documentation report, particularly if the full report is not attached to the conservation easement agreement. This will ensure that all parties have complete information and also provides an opportunity for the land trust to contact the landowner. New landowners should be asked to sign a document indicating that they have read and agree with the contents of the baseline documentation report as an indication that they received a copy and an explanation of the terms. • Baseline information may become outdated in situations where land changes significantly over time. For example, a natural catastrophe or certain types of human intervention may alter the land to the degree that the original baseline report is no longer useful. It may be necessary either to update the baseline documentation report or prepare a new report. Ideally, this should be accomplished by way of an amendment to the conservation easement agreement to ensure that updated baseline information is fully incorporated. • Baseline documentation should be stored in a location where it is safe from harm and easily located. It should be stored in both electronic and hard copy form. See Appendix A for more detail on proper storage of baseline information.
  • 7. BEST PRACTICES ASSOCIATED WITH BDRS FOR FEE SIMPLE PROPERTIES The CLTA provides guidance on best practices associated with BDRs and management plans for fee simple properties in standard 12, practices B and C: B. Stewardship Principles. The land trust establishes general principles to guide the stewardship of its fee-owned properties, including determining what uses are and are not appropriate on its properties, the types of improvements it might make and any land management practices it will follow. Principles should be clearly stated in all management plans and all public relations material. C. Land Management. The land trust inventories the natural and cultural features of each property prior to developing a management plan that identifies its conservation goals for the property and how it plans to achieve them. Permitted activities are compatible with the conservation goals, stewardship principles and public benefit mission of the organization. Permitted activities occur only when the activity poses no significant threat to the important conservation values and reduces threats or restores ecological processes. In addition to the guidelines recommended by CLTA, the Alberta Land Trust Alliance also recommends: • An environmental site assessment or site inspection should be the first piece of baseline information collected on a property a land trust is considering owning. Such an inspection can detect environmental liabilities associated with the property which may provide a high risk to the land trust. Appendix B contains an example of a site inspection form. • Baseline information may become outdated in situations where land changes significantly over time. For example, a natural catastrophe or certain types of human intervention may alter the land to the degree that the original baseline report is no longer useful. It may be necessary either to update the baseline documentation report or prepare a new report and management plan. • Baseline documentation should be stored in a location where it is safe from harm and easily located. It should be stored in both electronic and hard copy form. See Appendix A for more detail on proper storage of baseline information.
  • 8. BEST PRACTICES FOR MONITORING LAND TRUST PROPERTIES The Alberta Land Trust Alliance recommends the following best practices for stewardship monitoring of both CE and fee simple properties: • Land trust goals for the monitoring program should be formally identified in written form and approved by the land trust board. • Organizational capacity should be assessed periodically in terms of funding, labour and time, and a monitoring program developed or updated that both fulfills stewardship obligations and organizational sustainability. For some organizations, this assessment may mean refocusing, for a time, on stewardship rather than new land protection initiatives. • Monitoring procedures should be written down and/or to a monitoring policy developed and periodically reviewed and updated. It will be a valuable resource for new board members and land trust personnel. • Land trusts should establish a training program for monitors tailored to the monitoring requirements for the specific property. Depending on the conservation values protected and the nature of the monitoring required, it may be necessary to recruit monitors with technical expertise. Otherwise, lay volunteers generally will carry out monitoring duties. Training programs should teach techniques that will be required in the particular circumstances. These could include videotaping, photography, and the use of other specialized techniques. All monitors should be proficient in accurate and detailed note-taking. • Personal safety is of primary importance for monitors. All potential hazards associated with land trust properties should be documented and brought to the attention of new monitors. Safety protocols should be designed and monitors should be trained annually to ensure a high safety standard. Safety protocols should include notification of when and where monitors will be, emergency response preparation, dealing with specific hazards including wildlife and difficult landowners, and first aid. • Monitoring should be rigorous, credible and repeated at regular intervals. Information should be gathered as accurately, precisely and often as possible. Consistent use of the same methods, timing and techniques for gathering similar types of information is essential so that any differences in results can be clearly attributed to change on the land rather than variation in technique. Where possible, having the same individuals involved in monitoring a particular property over several monitoring cycles can contribute to consistency in gathering monitoring data.
  • 9. Monitoring data and reports should be stored in a location where they are safe from harm and easily located. They should be stored in both electronic and hard copy form. See Appendix A for more detail on proper storage of monitoring information. • Changes to a stewardship program should be phased in by implementing a timeline that allows the land trust to build capacity and fully understand how the changes will affect the stewardship program and the organization as a whole. BEST PRACTICES ASSOCIATED WITH MONITORING OF CONSERVATION EASEMENT PROPERTIES The Canadian Land Trust Alliance provides guidance on best practices associated with monitoring conservation easement agreements in standard 11, practices C and E: C. Conservation Agreement Monitoring. The land trust monitors its conservation agreement properties regularly, at least annually, except in exceptional and remote circumstances, in a manner appropriate to the size, restrictions and threats to the conservation values of each property. The land trust keeps written documentation (such as reports, updated photographs and maps) of each monitoring activity to confirm that the present use of the property is consistent with that at the time of donation or acquisition. Monitoring of Ecological Gifts will include confirmation that the present use of the property is consistent with that at the time of the donation and monitoring request. The land trust will determine the capabilities (both human and financial) of its organization to fulfill the short and long-term monitoring responsibilities and will not accept conservation agreements it cannot monitor effectively. If conservation agreements are monitored by volunteers, the land trust shall ensure that, they are trained, tailoring the monitoring techniques and requirements to the specific property. E. Enforcement of Conservation Agreements. The land trust has a written policy and/or procedure detailing how it will respond to potential violations of a conservation agreement, including the role of all parties involved (such as board members, volunteers, staff and partners) in any enforcement action. Policies and procedures should ensure that all discussions and actions taken are recorded and that all copies of correspondence and documents are retained and kept in a safe location. The land trust takes necessary and consistent steps to see that violations are resolved and has available, or has a strategy to secure, the financial and legal resources for enforcement and defence. In addition to the guidelines recommended by CLTA, the Alberta Land Trust Alliance also recommends:
  • 10. The land trust should create or adapt a standard CE monitoring form. • The monitoring program should be designed, and monitoring report written, in a manner that facilitates third party interpretation to account for acceptable natural dynamics of the property, as well as to support the defence of the CE in situations of non-compliance. • Land trusts should monitor only for compliance with the terms of the CE. It is important for the land trust to maintain the distinction between issues related to the CE and land management that is not part of the land trust’s responsibility. This distinction simplifies monitoring requirements and helps maintain positive relations with the landowner. • Where possible, permanent staff should be engaged in monitoring as it provides necessary continuity, consistent conservation easement agreement interpretation, proactive relations with landowners, and long-term organizational accountability. • In the event of a breach, the monitor should thoroughly document the breach and report to the stewardship team. The land trust should contact the landowner immediately and negotiate a timeline for compliance. Unintentional violations may be resolved through voluntary reparation by the landowner or by amending the CE to allow the activity. However, amendments to CEs should be very carefully considered. If agreement cannot be reached, or the landowner does not attempt to meet the deadline, a binding arbitration process should be started. • In general, parties to a CE are all committed to the protection of the land involved and a well designed and executed program of landowner contact usually prevents the need for enforcement. However, in some circumstances, it may be necessary for the land trust to enforce the terms of the CE. The land trust should enforce compliance in a timely fashion through the binding arbitration process (e.g., mediation or litigation) outlined in the CE agreement when violations occur or it may lose the right to a remedy from the courts in the future. • Land trusts should have a written CE violation policy and procedures which outlines the roles of all parties involved including legal counsel; the sequence of determining, reporting and handling the violation; and steps to ensure that landowners are treated fairly and consistently through the process.
  • 11. BEST PRACTICES ASSOCIATED WITH MONITORING OF FEE SIMPLE PROPERTIES The CLTA provides guidance on best practices associated with monitoring fee simple properties in standard 12, practice D: Monitoring Land Trust Properties. The land trust regularly monitors its properties and property boundaries for potential management problems such as trespass, misuse or overuse, vandalism or safety hazards or other activities as listed in the management plan and takes actions to rectify such problems. The land trust should mark the property boundaries or have capacity to establish the boundaries in the event of encroachments. Land trusts should record monitoring information and quickly respond to any problems. Monitoring of Ecological Gifts will include confirmation that the present use of the property is consistent with that at the time of the donation and monitoring documentation relating to Ecological Gifts will be made available to Environment Canada upon request. In addition to the guidelines recommended by CLTA, the Alberta Land Trust Alliance also recommends: • Encroachment and illegal activities on fee simple properties can usually be prevented if the land trust marks and maintains its boundaries and monitors regularly. Signage should include ownership at minimum, but might also include purposes and permitted and prohibited uses. Hazards on the property should also be marked. • In addition to signage and monitoring, a land trust with property that allows public access should hold liability insurance.
  • 12. BEST PRACTICES FOR LANDOWNER RELATIONS Building strong relationships with landowners is essential to the success of a land trust. The land trust’s reputation in the landowner community will determine the success it will have in securing land. Land trusts and landowners are partners in effective management of CE properties and good relations with CE landowners help ensure violations do not occur. Many land trusts feel that landowner relations are the best defence against CE violations. The best practices in this section apply primarily to conservation easement properties. However, the practices recommended should also be used to guide landowner contact when securing fee simple properties or communicating with neighbours of fee simple properties. The CLTA provides guidance on best practices associated with landowner relations for conservation easement agreements in standard 11, practice D: Landowner Relationships. The land trust maintains regular contact with owners of properties with conservation agreements. When possible, it offers landowners information on property management and/or referrals to resource managers. The land trust enlists a contact staff or volunteer assigned to respond to landowner requests or inquiries. These staff or volunteers will be trained on how to work with landowners. The land trust strives to build promptly a positive working relationship with new owners of properties with conservation agreements and informs them about the conservation agreements existence and restrictions and the land trust’s stewardship policies and procedures. The land trust establishes and implements systems to track changes in land ownership. Land trusts should offer the new landowners a copy of the conservation agreement and baseline documentation as well as any information about its work in general. The CLTA provides guidance on best practices associated with community relations associated with fee simple properties in standard 12, practice F: Community Outreach. The land trust keeps neighbours and community leaders informed about its ownership and management of conservation properties. In addition to the guidelines recommended by CLTA, the Alberta Land Trust Alliance also recommends:
  • 13. Prior to monitoring a CE property, the land trust should contact the landowner to provide notice of its monitoring plans, including the date and methods of monitoring. Some land trusts in Alberta provide notice in writing early in the year and then confirm the date by phone at least 24 hours in advance of the actual monitoring visit. Even if the terms of the CE do not require prior agreement on monitoring dates or notice, it is respectful to do so and relations between landowners and land trusts will be strengthened by such contact. • As the representative of the land trust, the monitor should contact the landowner to inform the landowner of the pending monitoring visit, to introduce themselves, to advise the landowner about planned monitoring techniques, and to ask if the landowner has any concerns. Where there has been no previous contact between the monitor and the landowner, it may be preferable for long term staff to make the initial contact to introduce the monitor. • Land trusts should invite the landowner to accompany them on the monitoring visit or ask if the landowner would like to meet with the monitor after the monitoring visit. The monitoring visit provides an opportunity for a land trust to discuss its goals and stewardship philosophy and to seek information and opinions from landowners. • Land trust staff should brief monitors about appropriate questions to ask landowners as well as questions to expect from landowners. Careful preparation and prior contact with the landowner will help prevent any conflict or unpleasant surprises. • If a CE is monitored remotely in some years, the landowner should still be contacted in writing to inform them of the method and timing of monitoring and by phone to ask if they have any concerns or if there is anything that the land trust needs to be aware of. • Monitors should access the property only as permitted legally or by permission of the landowner. Use only public points of access or ask permission to use private access. Monitor on foot or ask permission from the landowner to use alternate methods of transportation. Use respect - stick to established roads and trails as may be described in the CE when using motorized vehicles. • The responsibility for taking action when a landowner is not in compliance with a CE lies with the land trust, not with the individual monitor. If violations are suspected during the monitoring visits, monitors should avoid discussion of the violation with the landowner. The violation should be thoroughly documented and presented to the stewardship team who will determine how to communicate with the landowner about this issue. • Land trusts should ask the landowner to sign off on monitoring reports. Sign off by the landowner indicates that they acknowledge the monitoring visit and have reviewed and agree with the results. Some land trusts send two copies of the monitoring report and ask for one to be signed and returned. If the report is not
  • 14. returned, the land trust follows up with a phone call or visit. Signed copies of the monitoring report should be stored in the monitoring file. • There may be coholders or funders who require or would benefit from knowing the results of the monitoring visit. Depending on their interest in a property, land trusts should keep them up to date by providing information on dates and methods of monitoring, copies of monitoring reports and/or copies of correspondence between the landowner and the land trust. • The land trust should put in place a general program for maintaining contact with landowners and other partners in addition to monitoring visits. This could include providing landowners with regular updates of the land trust’s conservation activities as well as regularly scheduled specific contact with the landowner. Outreach programming may also include newsletters, field tours, publications, websites etc. • Land trusts should develop policies regarding contact with landowners and keep monitors informed of these policies. For example, the organization’s policy might involve a volunteer monitor contacting the landowner to arrange a visit and an interview time, if necessary, once a staff representative has made initial contact. When arranging monitoring visits, it is a good idea to check with the landowner about any specific circumstances to be careful of, such as the presence of livestock or wildlife. • Land trusts need to establish a method of determining when CE properties change hands. In Alberta the land titles office normally provides written notice to interest holders of a transfer of ownership. Land trusts should also request that landowners notify the land trust of any transfer in ownership. The land trust should have a policy in place to ensure they are aware of any land transfers and have a process to communicate in a timely manner with new owners. • New owners should immediately be sent copies of the conservation easement agreement and the baseline documentation report. The land trust should follow up this initial contact with a face to face meeting where they can introduce their mission and goals for the property, review the easement terms, and discuss the monitoring process.
  • 15. BEST PRACTICES FOR DEDICATED STEWARDSHIP FUNDING The CLTA provides guidance on best practices associated with dedicated stewardship funding in standard 6, practice G; standard 11, practice A; and standard 12, practice B: 6 G: Funds for Stewardship and Enforcement. The land trust has a secure and lasting source of dedicated or operating funds sufficient to cover the costs of stewarding its land and conservation agreements over the long term and enforcing its conservation agreements, tracks stewardship and enforcement costs, and periodically evaluates the adequacy of its funds. In the event that full funding for these costs is not secure, the board has adopted a policy committing the organization to raising the necessary funds. 11 A: Funding Conservation Agreement Stewardship. The land trust determines the long-term stewardship and enforcement expenses of each conservation agreement transaction and secures the dedicated or operating funds to cover current and future expenses. If funds are not secured at or before the completion of the transaction, the land trust has a plan to secure these funds and has a policy committing the funds to this purpose. 12 A: Funding Land Stewardship. The land trust determines and documents the immediate and long-term financial and management implications of each land transaction and secures the dedicated and/or operating funds needed to manage the property, including funds for liability insurance, maintenance, improvements, monitoring, enforcement and other costs. The land trust sets priorities, ensuring first and foremost that the values for which the property was acquired are at least maintained or preferably strengthened. If funds are not secured at or before the completion of the transaction, the land trust has a plan to secure these funds and has a policy committing the funds to this purpose. In addition to the guidelines recommended by CLTA, the Alberta Land Trust Alliance also recommends: • The land trust should have a written land stewardship fund policy that can be shared with funders and partners (see Training Module 3: Dedicated Stewardship Funding for information on stewardship fund policy).
  • 16. ADDITIONAL RESOURCES Background to Canadian Land Trust Standards and Practices. 2007. The Canadian Land Trust Alliance. Canadian Land Trust Standards and Practices. 2007. The Canadian Land Trust Alliance Conservation Easement Stewardship. 2008. Standards and Practices Curriculum. The Land Trust Alliance Greening Your Title: A guide to best practices for conservation covenants, 2nd Edition. 2005. Ann Hillyer and Judy Atkins. West Coast Environmental Law.
  • 17. APPENDIX A: DATA STORAGE AND ARCHIVING The following guidelines have been extracted from the LTABC Baseline Inventory Guide. 2006. Although the guidelines were prepared for baseline documentation, they are equally applicable to monitoring information.
  • 18. - DATA STORAGE AND ARCHIVING - Data storage and archiving methods are critical components of the baseline inventory process. As baseline inventory reports may be necessary for future legal action, it is essential that appropriate methods be taken to ensure that data do not degrade over time, and that all information can be properly identified. Data storage refers to the physical methods taken to ensure that the data remains viable in the long run, while archiving involves the proper labelling and identification of your data to ensure that you know what it is in the future. The following section of this guide discusses this issue in detail. ARCHIVING In order to ensure that data can be positively identified in the future, it is advisable that simple archiving methods be undertaken. For all reports, maps, and field notes make sure that the name and date of the inventory of the property is clearly indicated. For photographs it is a different matter. Each photograph that is taken during an inventory needs to be labelled. Labels should indicate the date, location, subject and photographer. A simple method to do this is to create a unique code for each photograph. For example, photographs were taken on the ABC Nature Reserve on August 20th, 2005. Before field work was started, the following code and information was decided upon: Therefore, all photos taken on the ABC Nature Reserve would use this code as a unique identifier. The first photo would be labelled ABC-200805-R1-01, the second labelled ABC-200805-R1-02 and so on. Photos taken on the same date but on a different roll would use R2, R3 and so on. Future monitoring photos can then use the same format with dates changing as necessary to ensure consistency through time. LTABC Data Storage & Archiving Guidelines
  • 19. In the body of the baseline report you can create a table which states the unique code for a given photo, and provides descriptions of the subject, location, etc. This method only requires a short code to be written on each photo, thereby reducing the chance of damage to the photo and ensuring that the photo can be accurately identified and described in the future. A data form can be used in the field to record the location and subject of each photograph to ensure that they can be described later in the report. As well, it is recommended that a Photo ID Sheet is used. The Photo ID Sheet contains all of the information described above (property name, code, date, and roll number). At the beginning of each roll the first photo should be of the Photo ID Sheet. This way, the necessary information is permanently embedded on the negative and multiple rolls are not confused when processed. For digital photographs the same technique can be used. Roll numbers are obviously not required, but it may be necessary to replace the roll number with a flash card number depending on available memory. Instead of writing the code on each photo, it can be digitally placed on the front of the photo. The file name of the photo should also be the unique code so specific photos can easily be located. DATA STORAGE Introduction Data storage is one of the most important aspects of your baseline inventory. If your records do not survive time then, obviously, they are useless. The general rule for all data storage is duplication, duplication and duplication. The issue of digital storage is relatively new and constantly changing. The information on digital storage in this section is current for 2006, but it will likely become obsolete within the decade. Therefore, digital storage methods need to be constantly evaluated and updated as required by technological changes since methods used today may not even be recognizable in the near future. Paper & Ink As baseline inventory reports will be used for a long time, it is important to use archive quality ink. Most bubble jet and inkjet printers use very cheap ink that generally does not last long. Laser printers, on the other hand, use powdered ink similar to photocopiers that will last much longer. Colour printing is also a problem. Most colour ink fade very quickly, especially red. Colour laser printing generally lasts longer then bubble jets or ink jets. Paper should be acid free and at least 22 lbs. weight. Special, coated paper is available for colour prints. Avoid storing any paper product in the sun as it will greatly increase the fading of ink and degradation of paper. Negative and Slide Storage Of all photographic sensitized products, processed negatives are usually given the least attention when it comes to storage (Kodak, 2003). As with photos and slides, negatives must be properly stored and handled to preserve their quality. Special care must be taken with storage, as even when stored in the dark, colour negatives slowly change and lose quality. Negatives and slides must be kept free of dust, fingerprints and any other contamination as these things often contain chemicals and endospores that can damage the image. Negatives should be LTABC Data Storage & Archiving Guidelines
  • 20. stored in a dark place as light can affect the photographic dye. Storage boxes made of metal is preferred as metal is does not contain preservatives like wood, or produce volatile chemicals as does plastic. If stored in envelopes or plastic sleeves make sure they are of archive quality and do not contain any damaging substances. Temperature and humidity must be controlled as both adversely affect processed negatives and slides. The following conditions and precautions are recommended by Kodak (2003) when storing negatives and slides: • Keep storage containers away from radiators, warm-air registers, and windows where sunlight can strike them. • Keep the temperature low for long-term storage. High temperature and high relative humidity can affect processed negatives. A temperature of 0°F (-18°C) and a relative humidity between 30 and 35 percent are excellent conditions for long-term storage. • Even minor reductions from room temperature have a major beneficial impact on the stability of an image. • Do not store negatives in areas where ozone-generating machines such as photocopiers are used. • Air conditioning and climate control can significantly reduce the level of airborne pollutants, but be sure to change filters regularly. Chemical fumes can harm negatives and slides. Check your storage area for harmful fumes. Photo Storage Photographs are susceptible to the same environmental factors as slides and negatives; primarily extreme temperatures, humidity, and chemical and biological degradation. Photographs should be stored in archive quality albums or transparent sheets in binders. Binders or albums should be kept out of direct sunlight preferably on open air shelves. Kodak (2003) recommends the following: • Provide a cool, dry, uncontaminated storage place. • Avoid storing prints in the original cardboard box or package. Packaging material that is suitable for unexposed sensitized materials may not be inert to processed materials. Use archival safe boxes or envelopes. • The best storage conditions for color prints are the same as those for most other photographic products. Store prints in the dark at 75°F (24°C) or lower and at 30- to 50- percent relative humidity. CD Use and Storage Compact Disks (CD) are considered to be a long lasting, inexpensive way of storing digital data. All monitoring data should be printed and recorded on duplicate CDs for long-term storage. However, there are a number of things that can greatly affect the longevity of the CDs and, therefore, the longevity of the data on the CDs. Longevity is usually limited by the cumulative effects of small scratches and contaminants that are introduced through normal handling and use (Media Sciences, 2003). Therefore, care must be taken to ensure that CDs are used and stored in an appropriate manner and always in duplicate. When purchasing recordable CDs it is better to choose more expensive brands that come with their own jewel case. These days there are hundreds of brands to choose from, each with their own claim LTABC Data Storage & Archiving Guidelines
  • 21. as the best on the market. Ignore the claims as there is no proven ‘best’ brand, but price is linked with quality. According to Media Science Inc. (2003) there was “no correlation observed between CD-R quality and dye type (cyanine or phthalocyanine), metallization (gold or silver), or recording speed (2X-8X)”. For archiving purposes, Media Science Inc. (2003) recommends the following: “Generally accepted capacities are 650 MB for 74 minute discs and 550 MB for 63 minute discs. High quality recording should utilize only 550 MB or less of a 74 minute disc, because performance may rapidly degrade at large diameters. Use 63 minute CD-R discs for all but the highest capacity applications. Benefit from higher quality and the improved probability of successful interchange. Careful investigation shows that data written on 63 minute CD-R discs may be of significantly higher quality than data on 74 minute discs.” Once data has been recorded onto the CDs, care must be taken to handle and store them in a proper manner. When labeling the CDs Media Science Inc. (2003) recommends the following: “Although damage to the readout surface can cause a disc to fail, the label side is even more delicate. CD discs have a soft, very thin protective coating on the label surface that is vulnerable to chemical or physical attack. Physical damage to this surface will destroy the underlying recorded data, or will admit atmospheric contaminants that corrode the metallic coating. Silver is particularly vulnerable to attack by sulphur, a common air pollutant. Even aluminum layers used for CD-ROM discs oxidize when exposed to clean air, resulting in loss of performance. Application of a label or other marks can also cause degradation. Special non-reactive adhesives or inks must be used to avoid attack of the metallization layer by migration of chemicals through the protective coating. The safest method of identification is to rely on the manufacturer's lot code that is present on the clear inner ring of the disc. Small, custom markings in this area can be safely made with felt-tipped marking pens that use waterbased inks. Such pens may be available from CD-R manufacturers or can be purchased at office supply shops. Popular felt-tipped pens, such as the Sharpie, use solvent-based inks. The solvent can attack certain CD protective coatings, causing degradation that may not be immediately apparent. Even water-based inks may not be safe, since the permanent ink from any marking pen can subsequently degrade the information layer. Do not write using a ballpoint pen or other object having a hard point.” CDs should always be stored in clean, non-flexible, plastic jewel cases. Media Science Inc. (2003) recommends that “both unrecorded and recorded disks should be [stored] in a stable storage environment of 10 C-15 C and 20%-50% relative humidity, and protected from sunlight and other radiation sources”. CDs should never be exposed to extreme temperatures or bright light. Long Term Facilities and Packaging Care must be taken to use appropriate packaging and facilities for any data that are stored for the long term. For packaging materials, Kodak (2003) recommends the following: • Use proper packaging materials. Do not store processed material in the original packaging. Over time, some adhesives, glues, and products from the manufacture of paper and plastics are harmful to photographic products. LTABC Data Storage & Archiving Guidelines
  • 22. All mounting boards, interleaving paper, album covers and pages, and plastic sleeves and sheets must be free of acids, peroxides, plasticizers, metal particles, wood fibers, sulfites, nitrates, and chlorides. • Fumes from mothballs, mildew inhibitors, wood preservatives, paints, varnishes, and wood glues can contaminate drawers and harm photographic materials. Therefore, open bookshelves may be a better place to store albums and prints. Protection against fire is another necessity for obvious reasons. Even with a fireproof vault, as described below, it is vital to keep the originals and copies in separate locations for added security. Kodak (2003) recommends the following for long-term storage facilities: “A ‘fireproof’ storage vault located and constructed in accordance with local building codes and underwriters’ regulations offers additional protection for large collections. The vault should have enough insulation to provide satisfactory temperature control all year around, prevent moisture condensation on the walls, and provide significant resistance to internal temperature increases in the event of fire. For smaller collections, a fire cabinet or safe will provide protection. Examine any safe carefully before using it. Many fire-resistant safes and cabinets have a type of insulation that releases moisture when heated; the interior can become filled with steam during a fire, which can damage photographic emulsions. Before storing any films or prints in this type of safe, seal them in moisture proof and photographically inert storage envelopes”. LTABC Data Storage & Archiving Guidelines
  • 23. APPENDIX B: SAMPLE SITE INSPECTION FORMS The following documents have been provided by the Alberta Conservation Association and include: 1. Phase 1 ESA Site Visit Form 2. Phase 1 ESA Environmental Assessment Form 3. Phase 1 ESA Interview Form
  • 24. Phase 1 Environmental Site Assessment (ESA) Site Visit Form Site Visit Conducted General Method by: Used: Site Visit Date and Site Visit Time: Conditions: Property Legal Description: Qrtr Sect Twp Rnge Mer Current/Previous Land Use: Any evidence of current or past use of hazardous materials on the property? (i.e. PCB’s, asbestos (insulation), Lead (paint, pipes), ozon-depleting substances, urea foam, formaldehyde, radon etc). Hazardous Materials Inventory: (Note: approximate quantities/types of containers and storage conditions) Any unidentified substances observed on the property? Any storage tanks observed on the property or adjacent properties or previously removed or abandoned tanks/storage facilities? Any strong noxious or pungent odours detected? Do property grounds show any sign of contamination? (e.g. stressed or dead vegetation, soil staining, water films etc) Any well sites (active or abandoned) including water, oil or gas? Any pits, lagoons or dug-outs on the property or adjacent properties? Any buildings on the property? Does the exterior of any building on the property show sign of contamination?
  • 25. ALBERTA CONSERVATION ASSOCIATION ENVIRONMENTAL ASSESSMENT FORM Site: Location: Prepared By: Date: Please complete the form as fully as possible using “don’t know “ or “not applicable” as appropriate for questions you cannot answer. The original of this form, sketch map, and photographs should be submitted with the land acquisition/donation proposal package to Head Office. Overall Assessment: (Indicate the source of information you consulted in conducting this assessment): Interviews with owner Interviews with others-identify: Interviews with fire, health, building, land use or environmental official-identify: *Aerial photos-current Aerial photos-historical (give years): Topographical maps Zoning/land use maps Land title search (chain of title history) Building Plans Other government records-identify: Previous environmental assessments-identify: Other-specify: Describe your visit and how you inspected the property: (e.g. walked perimeter, entered buildings, drove all passable roads, flew over interior, etc.) List the date and time of all visits and identify all persons present during visits:
  • 26. Attach a sketch map of the property covered by this assessment (and adjacent property if necessary). Show any areas of concern noted in this assessment. Identify those areas that you physically inspected (e.g. paths walked, roads driven, etc.). Take pictures of the property (particularly any problem areas) and include them with this form. Property History/Use: List all known historical and current uses of the property (e.g. agricultural, manufacturing, undeveloped land, etc.) Identify all known owners/operators. Include dates/time periods of these uses as appropriate. List all known historical and current uses of adjacent properties that might have an impact on this property. Include dates/time periods as appropriate. List all buildings/structures on the property and their uses. General Property Condition: (When visiting the property, did you observe the following): Yes No Don’t Know Distressed vegetation or any areas that were bare for no apparent reason. Unusual odors. Stains (unusual or around areas where chemicals are stored/used) Evidence of dumping Trash or other debris Drains Any unusual depressions or mounds Sheens or unusual colors on the surface of water bodies Piping/vents for underground storage tanks
  • 27. Comment on any yes answers above and locate those areas on the sketch map. Identify any other areas of concern and identify on sketch map. Water Impoundments: (Indicate if any of the following are on the property and how they are used and what they contain. Identify any of the following on the sketch map.) Ditches: Pits: Ponds: Lagoons: Clarifiers: Oil/water separators: Surface impoundments: Sumps: Drums: (If storage drums are on the property, show them on the sketch map and provide the following information): Are they empty: What is/was in the drums: Any evidence of leaking: Will the drums need to be moved: Describe the area around the drums: Transformers: (If transformers, pole-mounted or pad-mounted are located on the property, show them on the sketch map and provide the following information): Type of device and who owns them: Are they labeled as containing PCB’s or being PCB free: Any evidence of leaking or damage: Storage Tanks: (If storage tanks are or were on the property, show them on the sketch map and provide the following information): Is/are the tanks above or below ground: Age and size of tanks: What was/is stored in the tanks: Details on any tank that has been removed: Describe permits for the tank, if available: Results for any tank and associated piping that has been tested: Describe the area around the tank and indicate any evidence of leaking or spilling:
  • 28. Septic Tanks or fields: (If septic tanks or fields are on the property, show them on the sketch map and provide the following information): Are they in use or abandoned: Did they receive any industrial materials and what type: Wells: (If wells are on the property, show them on the sketch map and provide the following information): The type of well and how is it used: Are the wells in use or abandoned: Are the wells locked or protected: If the well has been tested attach results. Have there been any complaints about the quality of the water or flow rate: Mineral/Petroleum Operations: (If any oil or gas wells, or other mining activities are on the property, show these locations on the sketch map and provide the following information): The type of operation: Where the wastes of the operation was disposed: Any gas or oil pipelines: Details of any pipeline leakage: The owner/operator of any well, pipeline or mine: Radon: (Attach the results of any radon test conducted in any building on the property) Asbestos: (Describe any evidence of materials that are likely to contain asbestos. Check roof, exterior, pipe coverings, spray-on fire proofing, cement sheet, etc. Describe the types, amounts and condition of materials intact or deteriorating) Fill: (If fill has ever been brought to the property, indicate where and when it was placed and where it came from)
  • 29. Grading: (If there has been any grading or disturbance to the soil, indicate why) Chemicals: (If any chemicals have been used on the property, indicate the types of chemicals, how they were used and where and how they were stored. Chemicals are industrial materials, cleaning compounds, lubricating agents, greases, oils, heating fluids, gasoline, pesticides; i.e. insecticides, herbicides, fungicides and fertilizers and metals) Waste Disposal: (If the property has been used to dispose of waste, indicate the kinds of materials disposed and identify the method of disposal; i.e. burning, discharge to waterbody, dump, land farming, landfill, recycled, settling ponds, surface impoundments, etc. Identify these sites on the sketch map) Material Method of Disposal Appliances Asbestos Automobiles Chemicals Construction debris Garbage (food wastes) Household trash Incinerator ash Industrial wastes (identify) Mining wastes Pesticide containers Pesticides Petroleum products Sewage sludge Tires Other (identify)
  • 30. Spills: (If there has been a chemical spill or leak on the property, indicate what was spilled, where it was spilled, how much, and what actions were taken in response) (Indicate if there has been any chemical spills or leaks on adjacent properties or in the surrounding area) Studies/Records/Enforcement: Attach copies of any previous environmental assessments, tests, samplings or impact statements that have been conducted for the property. Indicate any communications the current landowner has had with any government agency concerning environmental conditions on the property. Indicate if government officials have ever investigated, cited or been involved with any violations of any environmental law on this property or in the immediate area. Does this property or any property within one-half mile radius appear on any list of “problem” sites maintained by an environmental agency. Summary: Summarize the overall condition of the property and your conclusions and/or recommendations regarding the property. Signature of Preparer: Date: Signature of Reviewer: Date:
  • 31. Phase 1 Environmental Site Assessment (ESA) Interview Form Interview Conducted Name of by: Interviewee: Interview Date and Interviewee Time: Relation to the Property Property Legal Description: Qrtr Sect Twp Rnge Mer Current/Previous Land Use: How long have the current owners had the property? To the best of your knowledge have any businesses occupied either all or portions of the property in the past, as owners, renters or leasers? To the best of your knowledge have portions of the property been owned, rented or leased to other businesses that could have stored chemicals, washed machinery, or produced or used hazardous materials? Are you aware of any past or current above ground or below ground storage tanks on the property or adjacent properties? Are you aware of the storage of any chemicals/fuels or other hazardous materials that are, or were previously, stored on the property or adjacent properties? Are you aware of any hazardous material spills that have occurred on the property or adjacent properties? Interview Limitations: Signatures Interviewee: ACA Interviewer: