!! Public Meetings On BHC/Kelda Properties !!

Largest Acquisition Of Open Space In State History

 

Public Meeting Summaries: From Chris Marino, Pres, NW CT Sportsmen's Council, Kelda public meeting held at Torrington City Hall 12/10/01:  

I would put public attendance at 60.  One third or bit more of the attendees were women. There were thirty speakers signed up to speak. Senator Andrew Roraback led off with a short statement of support, followed by the speakers. We had a contingent of six NWCSC speakers ready to address the proposal and submitted a written statement for our Council to the meeting officials. Five of our six people spoke at the meeting.  Our basic position was one support for the proposed plan of management, as written. We also heard two speakers from the Bass Anglers Assoc. about fishing and access, and one speaker from NW, Trout Unlimited; which is also associated with our Council. Our message was one of inclusion for all responsible user groups.  Horseback riders feel they are being left out in the management plan for no sound scientific reason, and they have plenty of good data to back up their position.  There were at least four equestrian organizations present.  They were very well  organized and very persuasive. The good news is that at this meeting, not one word of anti-hunting sentiment was expressed.  If they were there, they did not speak.  
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Easton meeting: Public attendance was over a hundred with 75 signed to speak. Area Senators/Representatives and several municipal officials were present. Horseback riders comprised most of those present. Friends of Animals had several present, and sportsmen had about two dozen. Organizations represented included CT Sportsmen with Disabilities, CCS, Ducks Unlimited/CT Waterfowlers, Chairman Ray Hanley represented the DEP Citizens Advisory Council, CT Outdoor Writers Assoc., and members of local clubs. All supported the Management Plan (CCS Testimony below). Friends of Animals Pricilla Feral testified (Testimony below) and was followed by Bill Mannetti, Animal Rights Front, who echoed FOA positions. Julie Lewin was not seen.  From my position they were as usual in "attack mode" and provided little input except to criticize. In the testimony below, the bold is ours.
       

Friends of Animals Press Release. Contact: Priscilla Feral, Friends of Animals (203) 656-1522

For Immediate Release: December 13, 2001 

Protect All Wildlife on All Kelda Lands   

Darien, CT-- Friends of Animals vigorously supports the acquisition of more than 15,000 acres of natural landscapes in Connecticut collectively known as the Kelda Properties. But we are vigorously opposed to provisions in the draft management agreement for those lands that call for hunting to be used as a management tool. 

Friends of Animals is confident that enlightened stewardship can provide science-based management that protects all the lands and all the wildlife concurrently. However, we are apprehensive that the troika of parties to the land acquisition - the Connecticut Department of Environment Protection (DEP), Bridgeport Hydraulic Company (BHC) and The Nature Conservancy (TNC) - have neither the inclination nor the competence to exercise that enlightened stewardship. Further, we fear this troika is motivated by the self- interest of its individual parties, and will keep neither the interest of the public nor the interests of wildlife as their priorities. 

The draft management agreement for the Kelda Properties has many flaws and betrays a prejudice against both the public and wild animals. Section 5.6 of the draft agreement-.says the parties, in managing wildlife, will employ "sound, professionally-guided, long-term, scientific-based wildlife management that considers both the goals of ownership and the public interest." However, there are absolutely no provisions in the management agreement to determine precisely what is the public interest. There are no provisions for public hearings, public participation on the Conservation Lands Committee, or any other interaction with the public. We remind the parties that Friends of Animals is part of the public, and we intend to express what our interests are. If we are excluded from direct dialogue because of the inherent lock-out construction of the draft agreement, we will find other vehicles to voice our opinions.

Further, it is unclear if the 15,000 acres of the Kelda Properties are to become "public lands." The joint management by a governmental agency, a business and a very wealthy not-for- profit organization leaves doubt as to whose interests really rule. Friends of Animals is left to ask if it is the intention of the management troika to use public funds made available by DEP participation in order to operate and maintain a semi-private hunting concession.  

Nearly all the lands involved are watershed and presumably edited to avoid development that would adversely affect the reservoirs upon which many people depend. Thus, Friends of Animals is left with another question: Has this land deal been arranged by the troika to relieve BHC Company of the various burdens (maintenance, liability, taxes, etc.) of watershed land ownership, while preserving for it the considerable benefits of reservoir ownership?  

Section 5.6 of the draft agreement provides for "hunting of a variety of species” on the 15,000 acres. The draft offers a variety of noble and plausibly public-interest reasons for conducting this hunting - everything from "public health" and "public safety" to "water quality" and "forest health." The section identifies by name two species that are candidates for hunting "deer and turkey." Friends of Animals believes armed hunters wandering suburban Connecticut forests are a greater threat to public health and safety than turkeys are. Deer, which are native species found in these forested areas, are a part of the natural ecology, and therefore a part of water quality and forest health.

It is most curious that of the more than 150 species of mammals and birds that inhabit Devil's Den Preserve, TNC - without any in situ scientific study being conducted - (but perhaps by clairvoyance or sorcery) identified only one species as being responsible for the decline of two flowering plants. Perhaps it was sheer coincidence that TNC accused only the deer - the hunter's favorite target - of being responsible for this ecological havoc, but Friends of Animals suspects ulterior motives, and fears the same motivation will manifest itself in the management of the Kelda Properties if the draft agreement is accepted in its present form.  

TNC has recently demonstrated its anti-science attitude and its collusion with hunting interests. TNC also refused to conduct public hearings or engage in any other dialogue with their own neighbors on matters concerning hunting in Devil's Den. Friends of Animals cannot comprehend how TNC is now to be identified as a partner in the stewardship of wildlife under an agreement that calls for management based on science and public interest.  

Given the many flaws in the text Of the draft agreement as well as the earned reputations of the identified partners, it is the considered opinion of Friends of Animals that the draft agreement represents an attempt to set aside large tracts of land as semi-private hunting preserves that will be subsidized by Connecticut taxpayers as well as unwitting members of TNC. In the process, BHC is divesting itself of watershed lands (and responsibilities they represent) while maintaining the profitability of the water itself. The agreement assures protection for BHC's commercial interests without burdening BHC with the obligations of property ownership.  

Friends of Animals would like to see the 15,000 plus acres of Kelda lands protected as wildlife habitat in perpetuity. But we would very much prefer a process that results in an accountable and transparent management by enlightened and responsible stewards working in the interest of the public and of wildlife. ~ - END - ~

 COALITION OF CONNECTICUT SPORTSMEN

P.O. Box 2506, Hartford, CT 06146, (203) 245-8076
12/13/2001

 

State Forester, Donald Smith 

Connecticut DEP Forestry Division, 6th Floor

79 Elm Street, Hartford, CT  06106

Dear Sir; 

The Coalition of Connecticut Sportsmen thanks all involved for their foresight and rapid action to acquire and preserve the Kelda/Bridgeport Hydraulic Company, water company lands – there can be no doubt this was a momentous and beneficial act for the citizens of Connecticut. 

The Coalition expresses our appreciation for this opportunity to comment on the proposed, Natural Resources Management Agreement. 

This is a well-prepared document, flexible, and addresses all the major issues in a professional manner. We support the document in its entirety

We find the descriptions of the parties and their tasks (Article 1) are compatible with Multiple Use Recreation, resource protection, and scientific management. 

We applaud allowing public access in designated areas of the Conservation Lands, and that the nature, intensity and timing of such use will be determined by the qualified professionals on the Conservation Lands Committee. 

Sportsmen’s recreational interests are Hunting, Fishing, Trapping and Boating. We could not agree more that Wildlife and Fisheries management on the Conservation Lands must rely upon statistically reliable resource data gathered through the science-based assessment of the various habitats, not on special interest advocacy with a goal of exclusion and based on emotional factors. Having worked with other CT water suppliers, we also understand the Boating issue.  

Particularly important to Sportsmen is that DEP intends to manage the natural resources in accord with generally accepted fish, wildlife, and forest management principles, conduct scientific investigations and assessments, and protect the land as open space by preserving in perpetuity its natural and open condition for the protection of natural resources and public water supplies. This will include regulation, management, research, public education, and conservation law enforcement. The goal is to protect the property’s natural resources and to provide the public with natural resource-based recreational opportunities that are compatible with the production of clean water for public consumption.

In this regard, we would advocate the use of the DEP Hunting Review Team (HRT) to advise the Conservation Lands Committee. We would strongly promote the HRT review each and every parcel, on a case-by-case basis, to determine what recreational activity should take place. The HRT has been in existence for several years, has proven to be highly professional, and has a record of success and approval with Sportsmen, landowners, communities, the public and other reputable conservation organizations. 

We note that current recreational opportunities provided by BHC will continue until recreation management plans have been developed, and those plans will incorporate existing opportunities as appropriate. Thank you for all those that currently participate.

However, you may hear a position tonight stating that current recreational opportunities are all right, but no new areas should be opened to public recreation. We would urge you reject that position and allow the maximum use of all tracts for scientific research, commercial benefit, and recreational opportunities for all user groups, subject to reasonable management standards of protection and scientific evaluation of the resources involved. These interests are defined in the proposed management agreement and are generally inclusive of all responsible interest groups. Multiple and maximizing use is also consistent with the stated purposes of the Agreement.

Thank you for your consideration.

 

Robert T. Crook, Executive Director                                                         
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Please make the widest distribution of this message and request sportsmen to attend to provide their input!!

 
DEP To Hold Public Meetings On The Proposed Natural Resources Management Agreement for BHC/Kelda Properties Being Sold to the State

The Connecticut Department of Environmental Protection (DEP) in moving forward with the acquisition of rights to the Kelda/BHC Company water company land, will be conducting two public meetings to solicit input on the Proposed Natural Resources Management Agreement. The agreement will establish the strategic framework for the management of the natural resources present on the approximately 15,300 acres of water company land owned by the Kelda Group/BHC Co. to which the state is currently acquiring rights. The agreement also establishes policies that will guide future planning and decision making regarding use of the land and a framework of administrative cooperation among the parties. Representatives from the three entities involved, the DEP, The Nature Conservancy (TNC) and the Kelda Group’s BHC Company will be present at both meetings.

"Input from the public is key as the DEP moves forward toward effective management of these water company parcels," said DEP Deputy Commissioner David K. Leff. "Staff from DEP, The Nature Conservancy, and BHC have worked hard on this management agreement and we look forward to quality contributions from the community."

The meetings are scheduled as follows:

Monday, December 10, 2001 – 7:00 PM

Torrington City Hall Auditorium
140 Main Street, Torrington

Thursday, December 13, 2001 – 7:00 PM

Easton Public Library
691 Morehouse Road, Easton

Comments may be made orally at either or both public meeting(s) and may be submitted in writing at either or both meeting(s). Written comments can also be mailed (either electronically or conventionally ) to the address below. Comments not provided at the meetings should be submitted in writing by December 13, 2001. Following the comment period, DEP will finalize the management agreement for incorporation into purchase and sale documents. Copies of the plan are available at the DEP’s website: http://www.dep.state.ct.us.

Address for mailing comments:

State Forester Donald Smith
Connecticut DEP Forestry Division, 6th Floor
79 Elm Street
Hartford, CT 06106
e-mail address: don.smith@po.state.ct.us

In February 2001, Governor Rowland announced a Memorandum of Understanding to preserve the land through an unprecedented, public-private partnership agreement that calls for the DEP and TNC to purchase the property for $90 million. TNC has agreed to contribute $10 million with the state’s share being $80 million. Kelda and Aquarion are donating $100 million to the land preservation effort, as the property is valued at $190 million. As previously announced, the Purchase and Sales Agreement for the deal was signed on November 9, 2001.

The approximately 15,300 acres includes property in Fairfield, Litchfield, New Haven, and Hartford Counties that is heavily forested with miles of pristine streams, upland ridges, and reservoir shorefront. The property includes additions to Housatonic and Naugatuck State Forest; frontage along the Saugatuck Reservoir, Aspetuck River, Rippowam River, Farmill River, Easton Reservoir, Aspetuck Reservoir, Trap Falls Reservoir, Lake Wagnum, and the Hemlock Reservoir. Portions of the property surround Trout Brook Valley, TNC’s Cathedral Pines Preserve, and the state’s Canaan Mountain Natural Area Preserve.

Kelda: Draft Natural Resources Management Agreement (PDF, 50K)

  http://dep.state.ct.us/rec/openspace/nrma1126.pdf

Largest Acquisition Of Open Space In State History

Editor: There is some serious concern as to how these lands will be accessed/used and by whom. Note the different verbiage by involved parties ("greatly increased the recreational opportunities", "passive recreation", "including hiking and fishing"). Nowhere is mention of wildlife/habitat management required of DEP by statute. Currently BHC has open hunting areas and we expect that to continue - but what about the new property? The Nature Conservancy is Nationally not opposed to wildlife management (hunting/fishing/trapping) on their lands, but here in CT we have seen little of that philosophy - although we are told it is "in the works."

In any event, we should/will closely monitor this issue to insure ALL interests have equitable access to these lands, that DEP fulfills its mandate for wildlife management, and that other agencies concerned develop procedures consistent with the purpose of this land purchase.

******

November 9, 2001 http://dep.state.ct.us/whatshap/press/2001/mf1109.htm

DEP, BHC and The Nature Conservancy Sign Agreement For Largest Acquisition Of Open Space In State History

Agreement to secure 15,300 acres of BHC watershed lands

Officials from the Connecticut Department of Environmental Protection (DEP), the Kelda Group, its Aquarion and BHC Company subsidiaries, and The Nature Conservancy (TNC) today signed a purchase and sale agreement for the state to acquire rights to 15,300 acres of the water utility’s land for preservation purposes. The purchase price is $90 million. Partnering with the state, TNC has agreed to contribute $10 million with the state’s share being $80 million. The open space acreage in Fairfield, Litchfield, New Haven and Hartford Counties will be protected for conservation purposes.

"Today’s agreement secures the single largest land conservation deal in Connecticut’s history, continuing our commitment to the preservation of open space," said Governor John G. Rowland. "The more than 15,300 acres acquired in this single transaction is more than four times greater than the state’s record year for open space. Not only has this acquisition preserved thousands of acres of pristine land, it has also greatly increased the recreational opportunities available to Connecticut’s residents, both today and in the future."

Calling the land sale the greatest milestone for the public’s enjoyment of open space in state history, Aquarion CEO and Kelda USA President Richard K. Schmidt said, "We are proud to play such an integral role in a land preservation effort that will enable our customers, their children and grandchildren to continue to receive high-quality water at reasonable rates, with permanent assurance that this pristine property will not be developed. All of the net proceeds will be reinvested into the water utility."

"Over half of the Kelda lands lie in the heart of two of Connecticut’s largest forested landscapes, which provide the best opportunities we have to preserve extensive, intact forests where migratory songbirds and wide-ranging mammals such as bobcat, bear and fisher can thrive," said Dennis McGrath, Executive Director of the TNC’s Connecticut Chapter. "This landmark contract establishes a permanent restriction against these lands ever being developed, and an agreement under which private business, a government agency and a private non-profit organization will jointly manage these lands to protect water quality and habitat for the broadest possible diversity of plants and animals, and provide passive recreation for the people of Connecticut and Southern New England."

The $90 million purchase price represents a price per acre of approximately $6,000. The closing date is expected by March 31, 2002. The agreement is subject to the regulatory approval of the Department of Public Utility Control and the Department of Public Health.

The state will be acquiring conservation and public access easements to Class I lands (those properties directly adjacent to reservoirs and critical feeder streams), and the fee title to Class II land (property within 150 feet of a reservoir or water supplies), and Class III land (properties off of the watershed). The DEP will work with the water company, TNC, and area interests to determine the recreational activities that will be allowed on the lands, including hiking and fishing. Recreational activity will be consistent with the protection of watersheds and water supply reservoirs and subject to Department of Public Health approval.

"This acquisition in four counties adds significantly to our public lands preserved for future generations," said DEP Commissioner Arthur J. Rocque, Jr. "Beyond the acreage, access to prime fishing and hiking locations has been created and pristine properties protected in an area of the state where open space is hard to come by. All of this accomplished at a very reasonable cost."

The 15,300 acres includes property in Fairfield, Litchfield, New Haven, and Hartford Counties that is heavily forested with miles of pristine streams, upland ridges, and miles of reservoir shorefront. The property includes additions to Housatonic and Naugatuck State Forest; frontage along the Saugatuck Reservoir, Aspetuck River, Rippowam River, Farmill River, Easton Reservoir, Aspetuck Reservoir, Trap Falls Reservoir, Lake Wagnum, and the Hemlock Reservoir. Portions of the property surround Trout Brook Valley, TNC’s Cathedral Pines Preserve, and the state’s Canaan Mountain Natural Area Preserve.

In February 2001, Governor Rowland and the parties announced a Memorandum of Understanding to preseve the land through an unprecedented, public-private partnership agreement that calls for the DEP and TNC to purchase the property for $90 million. Kelda and Aquarion are donating $100 million to the land preservation effort, as the property is valued at $190 million. Aquarion’s principal business is public water supply. Through its BHC and Sea Cliff Water Company subsidiaries, it is one of the 10 largest investor-owned water utilities in the US and serves 147,000 customers, more than 500,000 people in 35 Connecticut and Long Island, New York communities. Other business include contracted services of municipal water and waste water systems, environmental engineering and timber processing. Aquarion is a subsidiary of Kelda, which is based in the UK.

Description of Agreement and BHC/Kelda Properties

The Connecticut Department of Environmental Protection (DEP), Kelda Group, its Aquarion and BHC Company subsidiaries and The Nature Conservancy (TNC) have formed a partnership to preserve more than 15,000 acres of Kelda’s water utility land as open space.

This is the largest single purchase of open space land in Connecticut’s history and covers acreage in four Connecticut counties: Fairfield, Hartford, Litchfield, and New Haven. Overall, the land is heavily forested with miles of pristine streams, upland ridges, and reservoir shorefront. The land includes a variety of habitats for wildlife species such as deer, beaver, turkey, muskrats and other animals, and is home to many bird species.

Agreement Summary

Acreage acquired – 14,496 acres for public access;

Restrictive Covenant – through a restrictive covenant, an additional 890 acres of the BHC/Kelda property will be retained by BHC as "improved properties" (e.g., dams, water tanks, wells, treatment plants, etc.). In the event BHC terminates the use of any of their "improve properties", BHC must donate that property to the state;

Underwater land – the state has a 20 year option to acquire the lands beneath the water supply reservoirs. The acreage associated with that option totals approximately 3,000 acres;

Purchase price - $90 million ($80 million from State of Connecticut; $10 million from The Nature Conservancy);

Price per acre (approximate) - $6,000 for the 15,300 acres;

Closing – expected by March 31, 2002; and

Land use and accessibility – DEP, TNC and BHC will be finalizing a Natural Resource Management Agreement. Following the finalization of this agreement in the winter of 2001, the parties will be developing management plans and policies for various portions of the property.

 

Lands encompass Class 1, 2 and 3, defined as follows:

Class 1: Directly adjacent to reservoirs and critical feeder streams – 9,025 acres

Class 2: Lands on the watershed – 4,477 acres

Class 3: Lands off the watershed – 994 acres

Property Highlights

Fairfield County – 12,935 acres

Land in the following towns contain parcels along the Saugatuck Reservoir and tributaries; an addition to Collis P. Huntington State Park; land around the Saugatuck Reservoir, Aspetuck River, Hemlock Reservoir, Aspetuck Reservoir and Mill River. Also, lands encompass Lyons Swamp, surround Trout Brook Valley and include frontage on the Rippowam River, Laurel Reservoir and the West Branch of the Pequonnock River.

Towns Acres

Bethel 20; Danbury 74; Easton 5,521; Fairfield 262; Monroe 1,517

New Canaan 124; Newtown 642

Redding 2,536; Ridgefield 5; Shelton 940; Stamford 381; Trumbull 336; Weston 576; Westport 1.

Hartford County – 26 total acres

Property includes a reservoir.

Town Acres

Simsbury 26

Litchfield County – 1,515 total acres

Lands include portions of Lake Wangum, Canaan Mountain, and addition to Housatonic State Forest, an addition to The Nature Conservancy’s Cathedral Pines Preserve and an area south of Mount Riga.

Towns Acres

Canaan 1,099; North Canaan 4; Salisbury 412

New Haven County – 20 total acres

Land contains a section of Towantic Brook, a section of the Little River, and an addition to Naugatuck State Forest.

Towns Acres

Oxford 20