Virginia Coastal Program: 2004 Coastal Grant Project Description and Final Summary
Project Task:
FY2004 Task 7
Grantee:
Department of Conservation & Recreation-Division of Natural Heritage
Project Title:
Partial Acquisition of Seaside Tract in Northampton County
Project Description as Proposed:
The tract encompasses
491 acres on the lower seaside of Northampton County, Virginia.
The area includes 80 acres of salt marsh along Mockhorn Bay and
Mill Creek, which serve as habitat for oyster reefs, diamond back
terrapins, sand sharks and marine turtles. The tract also has nearly
125 acres of coastal forest along the seaside containing patches
of seepage swamp. (See maps.) The property contains a large pond
and water access to Mill Creek which drains to Mockhorn Bay which
connects to the Atlantic Ocean. There are 155 acres of farmland
suitable for conversion to migratory songbird habitat. Through farm
fields and across salt marsh, over man-made dikes bordered in Phragmites
(which would be a target for future control efforts) and into loblolly
pine forests with rich, holly understory and curious seepage swamps
(saturated woodlands), every step of the property offers commanding
views.
The southern tip of the Eastern Shore has been identified as a hemispherically
important stopover habitat for migratory songbirds as documented
by the Virginia Coastal Program using CZM funds in the early 1990s.
This property is directly within the critical area boundary. Northampton
County and particularly its critical migratory songbird area were
the focus of a multi-year Special Area Management Plan using CZM
funds. This area has also been identified as a top priority for
acquisition by the U.S. Fish and Wildlife Service (based on the
Virginia CZM research) and is noted in their “Land Protection
Plan for the Eastern Shore of Virginia National Wildlife Refuge.”
This seaside tract has been farmed for decades and was finally offered
for sale to The Nature Conservancy in spring of 2005. As development
pressures increase and land prices continue to climb, it is ever
more critical that his property be conserved for its bird habitat
value. The eventual conversion of the farmland on this property
to understory vegetation for songbirds will help offset the inevitable
conversion of bird habitat to residential use in other parts of
Northampton County. TNC bought the tract for $6,225,000 with the
expectation that government conservation agencies would, over time,
buy it from them. The Virginia Coastal Program sets aside about
$200,000 per year of its annual award for land acquisition. Through
the FY 2002 - FY 2005 land acquisition tasks, the Virginia Coastal
Program will contract with DCR’s Natural Heritage Program to
purchase percentages of ownership of the tract from TNC. This will
be accomplished through the technique of “Tenants in Common.”
This is a common real estate practice whereby ownership is shared
among two or more persons or entities. Each tenant holds an undivided
interest in the property, and the tenants may own interests of differing
sizes. Tenants in common ownership may be established through a
deed, or other document of title. Each tenant has unrestricted rights
of access to the property subject to the equivalent rights of the
other tenants. The key ingredient in a successful TIC ownership
is the ability of the tenants to agree on continued ownership and
on how the joint tenancy property is to be used. Because TNC, DCR
and the Coastal Program all agree that this property should be used
to protect and restore migratory songbird habitat and allow for
non-destructive recreational uses such as hiking and bird watching,
development of a mutually agreeable management plan for the property
will be relatively easy. This technique will allow, over the long
term, for additional percentages of the property to be purchased
by the Commonwealth of Virginia as grant funds become available.
Through each of the grant years (FY 2002 -2005) DCR will purchase
from TNC the following percentages of the tract:
FY 2002 Task 8: $225,652 / $6,225,000 = 3.63%
FY 2003 Task 8: $413,792 / $6,225,000 = 6.65%
FY 2004 Task 7: $367,000 / $6,225,000 = 5.89%
FY 2005 Task 10: $200,000 / $6,225,000 = 3.21%
TOTAL $1,206,444 / $6,225,000 = 19.38%
Federal Funding:
$167,000
Project Contact:
Larry Smith, 804.371.6205; larry.smith@dcr.virginia.gov
Project Status:
Grant Closed
Final Product Received:
Project Summary Provided by Grantee:
On September 28, 2006 the Virginia Department of Conservation and Recreation (DCR) purchased a 65.66% fee interest in a 285 acre portion of the 491 acre Bull Tract that had been purchased by The Nature Conservancy (TNC) in 2005. This 285-acre property has been dedicated as the Magothy Bay State Natural Area Preserve. The purchase price paid by DCR for the 100% interest in the 285-acre parcel was determined by averaging the three appraisals that were done on the 285-acre parcel for DCR. That price was $3,846,666. TNC agreed to accept this amount for the sale of the 285 acres. The original Virginia Coastal Zone Management Program Grant had proposed that with these funds, DCR would purchase an undivided partial interest in the entire 491-acre parcel that had been purchased by TNC. However, this plan changed when it was learned that the U. S. Fish and Wildlife Service had the desire and funding to acquire a portion of the 491-acre Bull parcel. It was agreed by all parties involved that the State of Virginia would purchase the 285-acre northern portion of the Bull tract and that the U.S. Fish and Wildlife Service would purchase the southern 206 acres and make it an addition to the Eastern Shore National Wildlife Refuge. A survey was done to locate and plat these sub-parcels. The subdivision was approved by Northampton County. The change has proven to be a good one for conservation. The Fish and Wildlife Service will acquire their 206-acre parcel in November 2006. TNC will sell its remaining interest in the 285-acre parcel to DCR when the remaining funding is obtained in early 2007. A natural area dedication ceremony was held on site to recognize this project on October 10.
Several funding partners contributed to this initial DCR acquisition. They are:
VA Coastal Zone Man. Grants: $660,791
DCR Bond Funds: $350,000
VA Land Conservation Grant: $1,500,000
Cash Gift from James Taylor: $15,000
$2,525,791
The figure above represents the amount paid for the 65.66% undivided ownership interest in the land. The $200,444 provided by this grant has allowed for the purchase of 5.2% of the 285-acre Bull tract.
Disclaimer: This project summary provides the federal dollars initially awarded to the grantee. Due to underexpenditure or reprogramming of grant funds, this figure may change. For more information on the allocation of coastal grant funds, please contact Laura McKay, Virginia Coastal Program Manager, at 804.698.4323 or email: Laura.McKay@deq.virginia.gov
A more detailed Scope of Work for this project is available. Please direct your request for a copy to Virginia.Witmer@deq.virginia.gov
