Page 29 – Virginia Outdoors Foundation

VOF trustees approve ACP and MVP conversion applications at Oct. 16 public meeting

At a special public meeting in Richmond on October 16, 2017, the board of trustees of the Virginia Outdoors Foundation unanimously approved applications for “conversion of open space” by two natural gas pipeline developers that propose to cross 11 VOF open-space easements in five counties.

VOF first learned about the two pipelines in 2014. The Atlantic Coast Pipeline (ACP), being developed by a partnership that includes Dominion Energy, told VOF in 2016 that it would need to cross 10 easements in Highland, Bath, Augusta and Nelson counties as a result of rerouting to avoid U.S. Forest Service land. The Mountain Valley Pipeline (MVP), being developed by a joint venture that includes EQT Midstream Partners, is proposing a permanent access road on a VOF easement in Roanoke County, but is not proposing to cross the property with the pipeline itself.

Both developers received Certificates of Public Convenience and Necessity from the Federal Energy Regulatory Commission (FERC) on October 13.

[message_box title=”Trustee audio statements from 10/16/17 meeting” color=”yellow”]Statement by VOF Trustee Elizabeth Obenshain on ACP/MVP decision
Statement of VOF Chair Stephanie Ridder on ACP/MVP decision[/message_box]

From the outset, VOF stressed avoidance of its easements and informed the developers that incursions would be incompatible with the conservation values of the easements, therefore triggering a process in state law known as “conversion” of open space. The developers were asked in 2016 to submit applications for conversion to VOF’s trustees, who worked with the Office of the Attorney General to determine whether the applications met the requirements of the law. In February 2017, the trustees heard presentations from the developers, VOF staff, and affected landowners, and received comments from hundreds of citizens.

In the [wpfilebase tag=fileurl id=485 linktext=’resolutions approving the applications’ /], the trustees said that, while the developers failed to demonstrate the projects are “essential to the orderly development and growth of the locality” under section 1704 of the Virginia Open-space Land Act, this requirement is superseded and preempted by the federal Natural Gas Act that authorizes FERC’s certificate process. The Natural Gas Act does not, however, strip VOF’s authority to review the projects and require substitute land of greater conservation value under Virginia law.

The two resolutions, which were adopted 5-0 and 7-0 (two trustees abstained during the ACP vote for personal reasons), included several conditions. Among them are restrictions on the footprint of the pipelines and access roads, the conveyance to VOF of more than 1,100 acres of substitute land in Highland, Nelson, and Roanoke counties, and the transfer of $4.075 million in stewardship funding for the properties’ long-term care and maintenance.

The staff reports describing the substitute lands can be found here: [wpfilebase tag=fileurl id=376 linktext=’Hayfields report (ACP)’ /]; [wpfilebase tag=fileurl id=386 linktext=’Rockfish River report (ACP)’ /]; [wpfilebase tag=fileurl id=427 linktext=’Poor Mountain report (MVP)’ /].

As a result of these approvals, the VOF easements will remain in place on the properties with overlaying permanent rights-of-way for the pipeline developers.

“After three years of exhaustive review, several public meetings, and hundreds of comments from the public, our board felt that utilizing the long-established conversion process in state law was preferable to forcing the developers to condemn our easements through eminent domain,” says VOF Executive Director Brett Glymph. “Their decision was a difficult one, but they firmly believe this outcome is in the best interests of both the public and the long-term sustainability of Virginia’s open-space conservation program.”

Updated: Special board meeting scheduled to complete review of pipeline conversion applications

Update: Both Atlantic Coast Pipeline and Mountain Valley Pipeline have submitted revised conversion applications, which they describe as reducing the overall proposed impact to VOF easements. The revised applications, along with VOF’s staff reports, may be downloaded from the October 16 meeting page on our calendar.

The Virginia Outdoors Foundation (VOF) has scheduled a special meeting on October 16, 2017 for its Board of Trustees to complete a review of applications by two natural gas pipeline developers that have proposed crossing 11 VOF open-space easements in five counties. The meeting will be held at the Virginia State Corporation Commission in Richmond and will be open to the public.

Meeting details, and any background materials, will be posted on our website calendar.

This issue will not be on the agenda of the board’s September 28 meeting.

VOF informed both developers that such incursions onto VOF easements would be incompatible with the conservation values of the easements, and would therefore trigger a process in state law known as “conversion” of open space. The developers were asked in 2016 to submit applications for conversion to VOF’s trustees, who have been working with the Office of the Attorney General to determine whether the applications meet the requirements of the law. In February 2017, the trustees heard presentations from the developers, VOF staff, and affected landowners, and received comments from hundreds of citizens. Since then, they have been waiting for other federal and state review processes to continue, in the event those processes change the route further. Final Environmental Impact Statements for both pipelines have been issued by the Federal Energy Regulatory Commission (FERC), and now the developers await the issuance of federal Certificates of Public Convenience and Necessity.

“Throughout this process, we have spent countless hours reviewing the requests, working closely with the affected landowners, responding to questions and concerns from the public, providing information to the developers and regulators, and meeting a high standard of transparency and accountability,” says VOF Executive Director Brett Glymph. “From the start we have stressed avoidance of our easements; but if FERC determines that avoidance is not possible, then we will use all the authority we have to get the best possible outcome for the public.”

VOF will continue to accept public comments on the conversion applications through October 16. Comments may be submitted electronically to comments@vofonline.org, through an online form at https://www.vof.org/comments/, via mail to VOF, 39 Garrett St., Suite 200, Warrenton, VA 20186, and in person during a designated public comment period on the day of the meeting. Comments must include your name and contact information.

Waddle Farm, Smyth County

Several years ago, a neighbor asked Shelley Waddle if she and her husband, Jeff, had ever considered protecting their 1,158-acre Saltville farm from development with a conservation easement.

She was skeptical at first. “We didn’t understand the process, the terminology,” says Shelley, a farmer and schoolteacher who was born and raised in Smyth County. “Once our neighbor sat us down, we listened and we realized we can’t pass this up.”

They learned that conservation easements are voluntary legal agreements between landowners and a qualified governmental or nonprofit organization intended to prevent dense residential and commercial development on land. The land remains in private ownership, and the family can continue to farm it, timber it, and sell it to a new owner or pass it along to the next generation. New houses, barns and other buildings are usually permitted, but their size and number are capped through negotiation.

Farmers surrounding the Waddles, including their neighbor, had been protecting land with easements for years through the Virginia Outdoors Foundation. Interest in the program stemmed in part from farms along the Holston River being chopped up and developed as getaway homes. There was also talk of a hydroelectric power plant being built on the river, which passes through the Waddles’ farm for more than two miles.

Concerned that the “suits and ties,” as Shelley calls them, would come knocking soon, she and Jeff got in touch with VOF’s Neal Kilgore in Abingdon to start the easement process. They finalized the easement in 2013 and have never looked back.

“By preventing the land along the river from being over-developed, and through riparian buffers in the easement that keep the cattle out, we’re helping to keep the river clean for recreation, drinking water, swimming, wildlife, and other things that benefit the public,” says Kilgore. “For landowners who are more interested in farming than making a quick buck selling to developers, it’s a win-win program because there are substantial federal and state tax benefits to donating an easement.”

Kilgore says that the way the Waddles heard about easements, through their neighbor, is common in rural communities. He is often approached by farmers who live next to easement-protected land, or who have family members who have worked with VOF before. Many have heard about the state tax credits for donating easements, which can be sold for cash. These credits have played a major role in easements being a viable tool for working farmers who are mindful of the bottom line.

“When you farm, you’re gambling,” says Shelley. “You can’t control the market, the pricing, the weather.” Tax credits, she explains, allow farmers to do the right thing without jeopardizing their finances.

“People should think about the small percentage of people farming and how it’s a dying breed,” she adds. “Our community was called Rich Valley because the climate is good, the soil is good, and farming was what you did. Over the years, we’ve seen farmers go out of business and it’s sad.”

Tax incentives may help offset the costs of giving up development rights, but Shelley is quick to point out that you must want to protect your land for reasons other than money.

“I’m standing on my front porch now looking down the valley and it’s beautiful,” she says. “It’s a beautiful place to live and sometimes you take that for granted. The easement will allow us and our future to be preserved. We have two boys who eat, live, and breathe farming. I think about them.”

VOF defers decision on MVP conversion application, supports FERC recommendation on access road

Update (7/26/2017): On July, 21 2017 MVP, LLC submitted an appeal to FERC on condition #16 of the FEIS, which would have required MVP, LLC to avoid the access road MVP-RO-279.01 on the VOF easement referenced below. VOF staff will continue to work with our Board of Trustees on the appropriate next steps.

At its June 22 meeting, the VOF board of trustees voted to defer a decision on an application from Mountain Valley Pipeline to convert approximately 0.6 acres of land under open space easement in Roanoke County for a permanent access road.

The following day, the Federal Energy Regulatory Commission (FERC) issued the Final Environmental Impact Statement for the pipeline project and — citing letters from VOF and the landowner, Grace Terry — recommended against the access road, stating that “while Mountain Valley provided some of the information requested in our January 26, 2017 EIR, Mountain Valley did not provide adequate information to justify use of the access road. Based on the information provided, we determined that the apparent impacts of widening the access road outweigh the demonstrated need.”

FERC advised Mountain Valley Pipeline to file a segment-specific construction and operation access plan for the area that does not include the access road.

Prior to FERC’s announcement, the VOF board had set a date of July 24 to take further action on MVP’s conversion application, but that meeting may be canceled if MVP does not appeal FERC’s recommendation.

VOF has submitted a letter to FERC supporting the recommendation against the permanent access road. The letter also clarifies an error in the final EIS pertaining to another VOF easement property. Download the letter here.

“We will continue to monitor the situation closely and remain ready to take action if FERC’s position changes before the issuance of a final certificate of public need,” said VOF’s deputy director of stewardship, Martha Little.

VOF defers decision on MVP conversion, supports FERC recommendation on access road

FERC advised Mountain Valley Pipeline to file a segment-specific construction and operation access plan for the area that does not include the access road.

Prior to FERC’s announcement, the VOF board had set a date of July 24 to take further action on MVP’s conversion application, but that meeting may be cancelled if MVP does not appeal FERC’s recommendation.

Mountain Valley Pipeline applies for conversion on Roanoke County easement

The developer of a proposed 42-inch natural gas pipeline in southwestern Virginia has applied for conversion of 0.62 acres on a 590-acre open-space easement held by the Virginia Outdoors Foundation along the border of Roanoke and Montgomery counties.

The application, submitted by Mountain Valley Pipeline (MVP) in June and available for download here, will be considered by the VOF board of trustees at its next meeting in Fredericksburg on June 22, 2017.

MVP is not seeking to cross the easement with the pipeline; rather, it seeks to maintain a permanent access road on the property. The pipeline itself is proposed to cross a neighboring property.

VOF learned about the permanent access road during the draft Environmental Impact Statement process under the Federal Energy Regulatory Commission (FERC). The foundation notified both MVP and FERC in March that the request would trigger the conversion process described in section 1704 of the Virginia Open Space Land Act.

As part of this process, MVP is required to propose substitute land of greater conservation value than the open space being affected. The company is proposing a 10.25-acre parcel next to the 952-acre Poor Mountain Natural Area Preserve, which is owned and managed by the Virginia Department of Conservation and Recreation and protects the world’s largest known population of a globally rare shrub.

VOF’s trustees will, on June 22, consider whether the application meets the requirements of the Virginia Open Space Land Act, which says, “No open-space land, the title to or interest or right in which has been acquired under this chapter and which has been designated as open-space land under the authority of this chapter, shall be converted or diverted from open-space land use unless (i) the conversion or diversion is determined by the public body to be (a) essential to the orderly development and growth of the locality and (b) in accordance with the official comprehensive plan for the locality in effect at the time of conversion or diversion and (ii) there is substituted other real property which is (a) of at least equal fair market value, (b) of greater value as permanent open-space land than the land converted or diverted and (c) of as nearly as feasible equivalent usefulness and location for use as permanent open-space land as is the land converted or diverted.”

Anyone who wishes to weigh in on the 1704 application may submit their comments through our online form or email them to comments@vofonline.org. There will also be a public comment period at the June 22 meeting.

Pulaski County easement will provide key linkages in New River Valley greenway

Hazel Hollow in Pulaski County is an 11-acre strip of green space that hugs the northern bank of the New River just across from the City of Radford. Its potential for development as residential riverfront property is obvious and might have been inevitable. Instead, thanks to the wishes of a VOF easement donor, the vision of county planners and administrators, and funding from both the Virginia Land Conservation Fund and the VOF-administered Preservation Trust Fund (PTF), the property will soon become a part of a greenway that provides breathing space to a rapidly developing area, connecting it to the fishing, boating and wildlife viewing possibilities on the banks of the river, and linking a series of existing trails across the region.

A key component of the project, located just down river from Hazel Hollow, is the 100-acre Smith Farm, gifted to VOF in 2012. Margaret Smith’s dream was to preserve the farm as open space for a public park. “Her donation sparked the project, really,” says Jared Linkous, county engineer. “Thanks to her, we have the beginning of a county park presence.” Trails on Smith Farm are slated for a fall 2017 ground-breaking and will extend to Hazel Hollow through the county’s acquisition of a small parcel between the two properties. An old elementary school site to the north will provide trailhead parking and playing fields for outdoor sports.

The greenway features a rich mix of recreational, historic and natural resources. Eagle and waterfowl habitat along the river contributes to the Virginia Birding and Wildlife Trail. The Bike 76 Trail meets up with Hazel Hollow on the greenway’s northern edge. This bike route is included in the master plan for the Beaches to Bluegrass Trail, a statewide multi-use route that aims to link existing routes across communities from the Virginia Beach oceanfront to Cumberland Gap on the border with Tennessee. To the west is a railroad bridge included on Virginia’s Civil War Trail. Damage from cannons fired by Union troops is still visible on the piers that support it. Next to it, a proposed pedestrian bridge would span the river, linking to the Bisset Park trail and the Riverway Greenway in the City of Radford and potentially extending the Beaches to Bluegrass Trail along one of its proposed routes. Bisset Park further links to Wildwood Park, another VOF easement in the city.

Despite its small size, the Hazel Hollow parcel will play an outsized role in implementing the greenway and increasing outdoor opportunities for people in the New River Valley. Playing fields? Check. Hiking and biking trails? Check. Places to launch a kayak, canoe or tube? Check. Chances to view wildlife or experience historic sites? Check. And it is all part of a larger network of regional trails that could eventually span the state from east to west. Hazel Hollow may be just 11 acres, but for this section of the New River it makes all the difference.

Explore VOF’s conserved lands online with interactive Map Room

The Virginia Outdoors Foundation is excited to announce a new Map Room feature available through our website. The Map Room, which is hosted by ESRI at http://vof.maps.arcgis.com, functions as a central portal for online maps and GIS data, and is intended to further the public’s appreciation of where we work, provide easy access to our spatial data, and reduce VOF staff time spent making custom maps and fulfilling data requests.

The map room currently contains:

VOF Conserved Lands: An interactive web map of our easements, reserves and Special Project Areas
VOF GIS Data Download: Our open data portal which allows anyone to download our Easement, Reserves and Special Project Area boundaries in a variety of formats. Live versions of these data can also be used directly in ArcGIS or other software as a feature service.
VOF Special Project Areas: A story map highlighting the location, sponsor and rationale behind our designated zones of special consideration.
VOF Staff Locator: A map-based tool for finding the appropriate field staff for every locality in Virginia.

While several of these mapping resources are integrated in other areas of our website, it is beneficial to have all our mapping web applications available in a single place. More content, include story maps to demonstrate the variety of conservation values protected by VOF, will be added in the near future. Check back often.

VOF notifies Mountain Valley Pipeline, FERC that maintenance road would trigger conversion process on Roanoke County easement

The Virginia Outdoors Foundation (VOF) has notified the developers of the Mountain Valley Pipeline (MVP), as well as the Federal Energy Regulatory Commission (FERC), that a proposed maintenance road for the pipeline on a VOF easement in Roanoke County would be inconsistent with the terms of the easement, and would therefore need to seek conversion under state law if the project is approved by FERC.

VOF expressed its position in a [wpfilebase tag=fileurl id=422 linktext=’March 28 letter to FERC’ /], and also asked FERC to postpone publication of the final Environmental Impact Statement (EIS) so that it could have more time to work with MVP on the matter. FERC announced a revised schedule for the EIS process on March 31. The final Environmental Impact Statement is now slated to be available on June 23, and the 90-day federal authorization decision deadline is set for September 21.

VOF learned early in the process that MVP would need to upgrade an existing forest road for construction on the Roanoke County easement, but was initially told the need would be temporary and therefore not in violation of the easement. Plans changed in late 2016, however, and VOF learned that the request would now be for a permanent access road. Because the easement only permits new roads that serve the property, constructing or significantly improving a forest road to an industrial–scale road for offsite purposes would constitute an inconsistent use and therefore be subject to state law that requires the conservation values and public interest to remain protected through a process known as “conversion,” which is described in section 1704 of the Virginia Open Space Land Act.

Under conversion, the easement would not be extinguished. Rather, MVP would place a right-of-way over the easement allowing the company to use the road. Right-of-way siting for maintenance roads and the pipeline itself are under the authority of FERC. As part of the conversion application process, MVP would need to propose substitute land that has greater conservation value than what is being affected by the incursion.

The Mountain Valley Pipeline itself would not cross the easement. MVP initially proposed to cross two VOF easements with the 42-inch pipeline, but after working with the developer and FERC the route was changed to avoid these open-space easements.

“We have been pleased with MVP‘s efforts to avoid easements, and we are confident that we can work through this latest issue to ensure that the public’s interest is protected to the greatest degree possible,” says Martha Little, VOF’s deputy director of stewardship.

VOF files pipeline-related staff reports with FERC

The Virginia Outdoors Foundation recently submitted staff reports to the Federal Energy Regulatory Commission (FERC) detailing the potential impacts to 10 VOF conservation easements if FERC approves the current route of the proposed Atlantic Coast Pipeline.

The reports were produced in response to applications filed by Dominion, the pipeline’s lead developer, which is seeking “conversion” of open space on the easements through a process outlined in section 10.1-1704 of Virginia’s Open Space Land Act.

Dominion presented its conversion applications to VOF’s board of trustees on February 9 at a public meeting in Richmond. The company says that the ACP project satisfies all the requirements of section 1704. VOF trustees heard from dozens of speakers at the meeting who spoke both in favor and against the proposed conversions. Trustees deferred a decision on the applications to allow more time to consider the information that was presented to them.

The board did, however, direct VOF staff to submit the staff reports to FERC “to ensure that FERC has the benefit of the staff’s conclusions and findings.”

Copies of the staff reports, Dominion’s applications, public comments, and other background material from the February 9 board meeting can be found here.

In the [wpfilebase tag=fileurl id=408 linktext=’cover letter’ /] that accompanied the package to FERC, VOF Executive Director Brett Glymph wrote, “VOF has consistently taken the position that construction, maintenance and operation of the interstate gas transmission line is inconsistent with the open-space protections afforded by the subject easements.” Glymph also took issue with characterization in the draft Environmental Impact Statement issued by FERC in December that such conversions would be “minor.” “The impact is very significant,” she stated.

The cover letter ended by asking FERC to include staff recommendations found in the reports as part of any final Environmental Impact Statement or Certificate of Public Convenience and Necessity that may be issued.

In conjunction with submitting the staff reports to FERC, VOF Chair Stephanie Ridder sent a [wpfilebase tag=fileurl id=409 linktext=’letter to all VOF easement owners’ /] describing the situation with ACP, the conversion/diversion process, and expressing confidence in VOF’s ability to protect the public interest.

“VOF was established by the Commonwealth to protect the public’s interests, and we take our commitment to the public very seriously,” she wrote. “We strive to balance competing interests between conservation and development. The Open Space Land Act is the strongest in the nation, but the law is clear that there may be instances where land may be utilized for essential public projects. Because FERC has the ultimate authority in determining the necessity and siting of interstate pipelines, VOF’s own power is limited. However, we pledge to use the power that we do have to get the best possible outcome for the Commonwealth.”