Photo Courtesy of the Vermont Land Trust

The Berlin Pond Watershed The Berlin Pond Watershed Conservation ProjectConservation Project

Presentation toPresentation toThe Montpelier City CouncilThe Montpelier City Council

by the Montpelier by the Montpelier Conservation CommissionConservation Commission

March 23, 2005March 23, 2005

Watershed:Watershed:

An area of land in which all of An area of land in which all of the rain that falls in that area the rain that falls in that area flows to a common destination.flows to a common destination.

Berlin Pond FactsBerlin Pond Facts•Surface area of pond: 286 acres Surface area of pond: 286 acres

•Area of watershed: 6,661 acres (10.4 Area of watershed: 6,661 acres (10.4 square miles) square miles)

•Gallons of water impounded: 1.5 billionGallons of water impounded: 1.5 billion

•Number of residences served by Berlin Number of residences served by Berlin Pond: Over 2,300Pond: Over 2,300

•Number of commercial businesses served Number of commercial businesses served by Berlin Pond: 250 by Berlin Pond: 250

•Daily water usage: 1.3 million gallonsDaily water usage: 1.3 million gallons

History of Berlin PondHistory of Berlin Pond

• 1884 – Montpelier begins using Berlin Pond for 1884 – Montpelier begins using Berlin Pond for water supply water supply & makes first land purchases. & makes first land purchases.

• 1903 – State Board of Health creates regulations to 1903 – State Board of Health creates regulations to protect protect water quality. water quality.

• 1953 – Last parcel of land acquired by the City1953 – Last parcel of land acquired by the City

• 2000 –$11.5 million water treatment plant begins 2000 –$11.5 million water treatment plant begins operation.operation.

• 2001 - Source Protection Plan for Berlin Pond 2001 - Source Protection Plan for Berlin Pond written.written.

• 2002 – Water Conservation Study and Plan written.2002 – Water Conservation Study and Plan written.

• 2004 – Heindel and Noyes Water Supply Evaluation2004 – Heindel and Noyes Water Supply Evaluation

Impact of Further Development Impact of Further Development

on Berlin Pondon Berlin Pond•Sediment Sediment

•Petroleum products Petroleum products

•Salt Salt

•BacteriaBacteria

•Toxic chemical runoff and Toxic chemical runoff and spillsspills

•NutrientsNutrients

Other Potential MunicipalOther Potential MunicipalWater SuppliesWater Supplies

•Town of Berlin 2003 study considered Town of Berlin 2003 study considered the Dog & Winooski Rivers, Stevens the Dog & Winooski Rivers, Stevens Branch, & groundwater sources Branch, & groundwater sources

• All were eliminated for reasons such All were eliminated for reasons such as:as: Not economically feasableNot economically feasable Difficult or impossible source protectionDifficult or impossible source protection Known hazardous sitesKnown hazardous sites

•Berlin Pond watershed also has Berlin Pond watershed also has potential for high capacity bedrock potential for high capacity bedrock wellswells

Options for Watershed Options for Watershed ProtectionProtection

•Regulation of activities in the Regulation of activities in the

watershedwatershed

•Land acquisitionLand acquisition

•Conservation easementsConservation easements

Regulation of ActivitiesRegulation of Activities

• State Board of Health prohibits swimming, boating & State Board of Health prohibits swimming, boating & fishingfishing

• Source Protection Plan regulates some activities on Source Protection Plan regulates some activities on private land.private land.

• Regulations have a history of being unpopular when Regulations have a history of being unpopular when applied to private land by one community to applied to private land by one community to landowners in another. landowners in another.

• Regulations are subject to change by political bodies, Regulations are subject to change by political bodies, and therefore do not provide permanent protection.and therefore do not provide permanent protection.

• Practically, regulations of individual landowner Practically, regulations of individual landowner activity are difficult to enforce. activity are difficult to enforce.

Land AcquisitionLand AcquisitionTable 3. Surface Water Source Protection through Land Acquisition

City or Town

Water Supply Size of watersh

ed(acres)

Land publicly owned

(acres)

% of watershe

d land publicly owned

Barre City Dix Reservoir 11,000 1,200 11

Bennington Bolles Brook 7721 7653 99

Brattleboro Sunset Lake 2277 413 18

Brattleboro Pleasant Valley Reservoir

632 358 57

Montpelier Berlin Pond 6661 1367 21

Rutland Rutland City Reservoir (Mendon Brook)

12,800 8000 63

St Albans St. Albans Reservoir

1,347 110 8

St. Johnsbury Stiles Pond 3905 995 25

Conservation EasementsConservation Easements• A conservation easement is a land deed that A conservation easement is a land deed that

transfers some ownership interests from a property transfers some ownership interests from a property owner to another party, typically a land trust. owner to another party, typically a land trust.

• A conservation easement prohibits or carefully A conservation easement prohibits or carefully limits future development while allowing for limits future development while allowing for farming, forestry, recreation, educational and other farming, forestry, recreation, educational and other compatible uses to continue. compatible uses to continue.

• Land protected by a conservation easement remains Land protected by a conservation easement remains in private ownership and can be purchased and sold in private ownership and can be purchased and sold just like other lands. just like other lands.

• However, the easement remains binding for all However, the easement remains binding for all future owners.future owners.

Land Ownership in Land Ownership in Berlin Pond WatershedBerlin Pond Watershed

Landowner Acres % of Watershed

Private Ownership

5294 79

City of Montpelier

820 12

Town of Berlin 491 7

State of Vermont

(Boyer State Forest)

56 1

Berlin Pond WatershedBerlin Pond WatershedConservation ProjectConservation Project

•Montpelier & Berlin have signed Montpelier & Berlin have signed resolutions supporting conservation resolutions supporting conservation in Berlin Pond watershed.in Berlin Pond watershed.

•Conservation Partners: Conservation Partners: – Vermont Land TrustVermont Land Trust– Vermont River ConservancyVermont River Conservancy– Berlin Conservation CommissionBerlin Conservation Commission– Friends of Irish HillFriends of Irish Hill– Capital Area Land TrustCapital Area Land Trust– Central Vermont AudubonCentral Vermont Audubon– Trust for Public LandTrust for Public Land

Permanently ConservingPermanently ConservingMunicipal LandMunicipal Land

•City has the authority to convey a City has the authority to convey a conservation easement to a third conservation easement to a third party.party.

•The manner in which the City The manner in which the City acquired its properties does not acquired its properties does not preclude the City from restricting preclude the City from restricting its use through an easement. its use through an easement.

•Water fund monies were used to Water fund monies were used to acquire the land. acquire the land.

Permanently ConservingPermanently ConservingMunicipal LandMunicipal Land

•City retains the right to manage City retains the right to manage its land for water supply its land for water supply purposes.purposes.

•City will receive public benefit City will receive public benefit of equal or greater value than of equal or greater value than the value of the rights conveyed. the value of the rights conveyed.

Recommendations for Recommendations for Protection Protection

of Berlin Pondof Berlin Pond• The City of Montpelier agrees to partner The City of Montpelier agrees to partner

with the Vermont Land Trust and its with the Vermont Land Trust and its conservation partners with the common conservation partners with the common goal of conserving land in the watershed.goal of conserving land in the watershed.

• The goal of the conservation partners is to The goal of the conservation partners is to conserve an amount of land, to be conserve an amount of land, to be determined in consultation with the City, to determined in consultation with the City, to further protect the water supply and the further protect the water supply and the watershed’s ecological resources.watershed’s ecological resources.

• The City of Montpelier agrees to convey a The City of Montpelier agrees to convey a conservation easement to the Vermont conservation easement to the Vermont Land Trust on City-owned land in the Land Trust on City-owned land in the watershed when the goal above is met.watershed when the goal above is met.

Recommendation for Recommendation for Protection Protection

of Berlin Pondof Berlin Pond•The Montpelier City Council, in cooperation The Montpelier City Council, in cooperation

with the conservation partners, will with the conservation partners, will establish a steering committee, called the establish a steering committee, called the Berlin Pond Steering Committee, to Berlin Pond Steering Committee, to manage this effort.manage this effort.

•The agreement will be in effect for 10 The agreement will be in effect for 10 years, or until the conservation goal is met.years, or until the conservation goal is met.

Photo Courtesy of the Vermont Land Trust

The Berlin Pond Watershed The Berlin Pond Watershed Conservation ProjectConservation Project