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Protecting the Clinch River Valley

Neal Kilgore remembers the fish kill on the Clinch River well. “I was about 10 years old. My friend and I would go fishing in the river often; but one day, all of a sudden, fish started coming up to the surface, struggling like they were trying to breathe. We had no idea what was going on. We just jumped in the river and started grabbing the biggest fish. We thought we’d hit the jackpot.”

What the boys didn’t know was that there had been a leak of hazardous wastewater from the power plant just upriver that was poisoning the water. “Later, my dad took us for a drive up the river road, and as far as we went, there were dead fish, all the way across and so many deep they could have supported your weight if you tried to walk over them.

“That’s what motivated me to get into environmental protection,” he says. “I could see the need.”

Now an easement specialist in southwestern Virginia for VOF, Kilgore helps landowners living the Clinch River Valley to protect their land from over-development. “People have begun to realize what a special place we have here,” he says. He started working with VOF in 2006. In the decade since, he has increased the amount of land protected by VOF easements in the Clinch-Powell watershed to more than 5,500 acres.

VOF’s work here is one piece of a larger effort. Groups like the Nature Conservancy, the Clinch River Valley Initiative, and the Clinch-Powell Clean Rivers Initiative are helping people and the outdoors to coexist in economically and environmentally compatible ways. The Virginia Department of Conservation and Recreation also offers informational resources to landowners who have caves or sinkholes on their land — features common in the region, which is characterized by karst topography. Karst contains aquifers that can provide large supplies of water, and thousands of Virginians get their clean drinking water from these aquifers.

It will take continued vigilance and concern from local citizens to ensure the Clinch River Valley’s success. While still grappling with agricultural pollution and the environmental impacts from decades of coal mining, the Clinch River Valley has conserved its status as a biodiversity hotspot. In 1990, it was designated one of the Nature Conservancy’s 39 “Last Great Places” for its largely intact ecosystem, which hosts 48 imperiled and vulnerable animal species, including 29 varieties of rare freshwater mussels and 19 species of fish.

“It’s amazing that it’s rebounded the way it has, but the river is a mirror for how you treat the land,” Kilgore adds. “If you don’t manage the land well, then the river can’t survive.”

VOF allocates more than $1.5M to increase open space access in 11 localities

At a meeting in Henrico County on February 9, the Virginia Outdoors Foundation (VOF) board of trustees approved the allocation of more than $1.5 million from its Open Space Lands Preservation Trust Fund to help fund 11 conservation projects that would use open-space easements to increase public access for outdoor recreation and education.

The projects are located in 11 jurisdictions across the state and include three in localities — the cities of Richmond, Charlottesville and Alexandria — where VOF currently does not hold any easements.

“We believe it is vital to provide communities and families with more opportunities to connect with nature,” says VOF board chair Stephanie Ridder. “This was a priority of the Commonwealth when VOF was established in 1966, and it remains a priority today.”

The Preservation Trust Fund (PTF) was created in 1997 to help cover the costs of acquiring open-space easements. Most funding comes from state appropriations and varies by year. In fiscal year 2017 PTF received its largest amount of funding ever at $2 million. The VOF board passed a resolution in June 2016 giving the highest priority for purchased easement projects that provide public access.

A request for proposals in early December resulted in more than 25 inquiries and submissions for this grant round. The proposals were reduced to the final group of 11 based on the four main criteria used in evaluating projects: extent of public access, population served, conservation value, and demonstrated community support and readiness.

The 11 finalists requested a total of $4,329,285 in funds for the $1.5 million available. Staff recommended full funding for five of the projects and reduced funding for the remaining six. The proposal package can be found here.

 

Summary of approved projects

 
Project Name: Murray-Dick-Fawcett House
Locality: City of Alexandria
Acres: .3
PTF Funding Approved: $350,000

Description: The Murray-Dick-Fawcett House is an 18th-century home and garden, recognized as one of the oldest and most authentic pre-Revolutionary War buildings remaining in the city within the Alexandria Historic District. The City of Alexandria proposes to purchase the property and manage it as a public museum and garden. This site, originally used as a residence and commercial livery, would enable the city to interpret the life and times of ordinary residents during the 18th and 19th centuries. Partners include the City of Alexandria, the Office of Historic Alexandria, the Northern Virginia Conservation Trust, Historic Alexandria Foundation, Historic Alexandria Resources Commission, Alexandria Historical Restoration and Preservation Commission, Virginia Land Conservation Foundation, Department of Historic Resources, and Virginia Outdoors Foundation.

 

Project Name: Charley Close Property
Locality: City of Charlottesville
Acres: 2.8
PTF Funding Approved: $50,000

Description: This property is located on Moore’s Creek, a tributary of the Rivanna River. The 2.8-acre parcel would be a key link in an existing trail network that connects Hartmann’s Mill, Jordan Park and several communities. The trail completion would provide year-round access to open space and further goals of the city’s Comprehensive Plan for water quality, open space, transportation (walkable and bikeable communities) and economic development. The city plans to build a parking and access area and maintain the trail network through the property. This project is also receiving support from the Virginia Land Conservation Foundation and other local partners.

 

Project Name: Civil War Preservation Trust / Hansbrough’s Ridge
Locality: Culpeper County
Acres: 174
PTF Funding Approved: $250,000

Description: The Civil War Trust (CWT) proposes the placement of a conservation easement on its Hansbrough’s Ridge property located on Route 3. The property is notable for the presence of intact archaeological sites and features related to the 1863-1864 Union Army winter encampment. The grant will enable CWT to facilitate access to the property and construct amenities such as interpretive trails and signage. The preservation of Hansbrough’s Ridge involves support from the Virginia Department of Historic Resources, the Virginia Department of Conservation and Recreation, the National Park Service’s American Battlefield Protection Program, the Supervisors of Culpeper County, the Brandy Station Foundation and the Friends of Cedar Mountain.

 

Project Name: Hazel Hollow Tract
Locality: Pulaski County
Acres: 11.925
PTF Funding Approved: $142,500

Description: The Hazel Hollow tract is located on the New River just upstream from the community of Fairlawn. Pulaski County plans to acquire the land for a public park and extend the planned bicycling/walking trail from a nearby former school site, through a property owned by the Virginia Outdoors Foundation called Smith Farm, and along the river onto the property. The property also creates an opportunity to link trails on the north side of the river via a pedestrian bridge on four piers and connect with the City of Radford’s Bisset Park and trails to nearby Wildwood Park, which is also under VOF easement.

 

Project Name: Eastern Branch Restoration Park
Locality: City of Virginia Beach
Acres: 8.8
PTF Funding Approved: $55,000

Description: This site is made up of wetlands and forest along the Eastern Branch of the Elizabeth River and across the water from Carolanne Park in an otherwise intensely developed area. The project would protect the wetlands and riparian areas, provide a hiking trail along the water, and provide a kayak/canoe launch area for access to the Elizabeth River. The Living River Restoration Trust will work with the city to improve the site facilities and manage the park for public access. Partners include the Living River Restoration Trust, Elizabeth River Project, City of Virginia Beach, Virginia Land Conservation Foundation, and VOF.

 

Project Name: Richmond Public Schools Outdoor Classroom
Locality: City of Richmond
Acres: 4.8
PTF Funding Approved: $150,000

Description: This project involves developing up to 4.8 acres of city-owned land as an outdoor classroom serving all of the city’s public schools. A longer term goal is for the site to serve as a model for other school systems in the Commonwealth. The site contains a mixture of open space, forest cover and a perennial stream that is part of the Upper Goode Creek watershed. A portion of the site would be utilized as a neighborhood connector with public trails. Core partners of the project include VOF, Richmond City Schools, the Richmond Department of Parks and Recreation, and the Enrichmond Foundation.

 

Project Name: Carvins Cove Connector
Locality: Roanoke County
Acres: 38.12 acres
PTF Funding Approved: $70,000

Description: The goal of this project is to connect the Roanoke Valley Greenway network to the 12,463-acre Carvins Cove Natural Reserve, a watershed property protecting the Carvins Cove reservoir. The majority of the reserve is protected by an easement co-held by the Virginia Outdoors Foundation and the Blue Ridge Land Conservancy and provides recreational trails to residents of nearby Salem and Roanoke. The project would provide the opportunity for users to bicycle, walk or ride horses to Carvins Cove, thus connecting an urban area to a very rural, natural preserve. Key partners for this project are Pathfinders for Greenways, Inc., Roanoke Valley Greenway Commission, and Roanoke County.

 

Project Name: Hottel-Keller Memorial, Inc.
Locality: Shenandoah County
Acres: 391.066
PTF Funding Approved: $200,000

Description: This 391-acre property is situated in western Shenandoah County between Woodstock and Strasburg. The historic homestead surrounded by fields and forest adjoins the George Washington National Forest and is owned by Hottel-Keller Memorial, Inc., a non-profit educational organization dedicated to the preservation of the historical and cultural heritage of early Germanic immigrants into the Shenandoah Valley. The grant will enable the organization, run by volunteers from the community, to improve and expand public access to the farm and buildings and create hiking or birding trails.

 

Project Name: Four Winds / Rappahannock River Access
Locality: Caroline County
Acres: 306 acres
PTF Funding Approved: $80,000

Description: The Trust for Public Land is working with the property owner and VOF to purchase a conservation easement on 306 acres of wetlands and forestland situated on Skinkers Neck, the first big bend in the Rappahannock east of Fredericksburg. The grant will facilitate providing public shoreline access to the Rappahannock River as part of the project. The property is located in a priority area for the Fort A.P. Hill Army Compatible Use Buffer program, which will also partner in this project.

 

Project Name: Malvern Hill Farm
Locality: Henrico and Charles City counties
Acres: 878
PTF Funding Approved: $100,000

Description: Capital Region Land Conservancy seeks to acquire this historically significant 878-acre property southeast of Richmond. A portion of the property is within the National Parks Service acquisition boundaries and would become part of the Malvern Hill Battlefield interpretive area. The remaining portions of the property are anticipated for public use and would include a public access area with trails and a canoe/kayak launch into Turkey Island Creek. This project involves partnerships with the James River Association and Virginia Department of Historic Resources, as well as grants from the Virginia Land Conservation Foundation and numerous private foundations.

 

Project Name: Belmead on the James
Locality: Powhatan County
Acres: 2,265
PTF Funding Approved: $100,000

Description: Belmead on the James, just west of Richmond, is one of the Commonwealth’s most historic properties with 2,265 acres, historic buildings, and 2.8 miles of frontage on the James River. 1,000 acres are currently protected by a conservation easement held jointly by the Virginia Outdoors Foundation and the James River Association. The nonprofit Belmead on the James, Inc. (BOJI) is working to acquire the property with the intention of preserving it and making it accessible to the public. Additionally, a partnership with Powhatan State Park and Powhatan County is expected to provide river access accommodating paddlers between the state park and Belmead.

VOF board defers decision on Atlantic Coast Pipeline conversion applications

At a meeting in Henrico County on February 9, the Virginia Outdoors Foundation’s board of trustees voted to defer a decision on applications presented by Dominion to convert open space on 10 easements that lie in the path of the proposed Atlantic Coast Pipeline.

The board also directed staff to “provide the Federal Energy Regulatory Commission with the staff reports on the ACP applications … to ensure that FERC has the benefit of the staff’s conclusions and findings.” FERC is the agency that is ultimately responsible for approval of the pipeline and is accepting comments on its Draft Environmental Impact Statement through April 6.

More than 100 people attended the meeting representing Dominion, easement owners, environmental groups, community leaders and pipeline supporters from across the state. Nearly four dozen people spoke in opposition or support of the applications during an extended public comment period, with most speaking in opposition.

Five of the 10 landowners whose easements are the focus of the applications also provided comments, four by video. Three of the landowners spoke in support of the conversion applications and two spoke in opposition. Videos can be viewed here.

Dominion presented its applications in the afternoon, making its case for why the proposals meet the requirements for conversion under 10.1-1704 of Virginia law. (Links: Powerpoint Presentation | Accompanying Video) The company also presented detailed information about the proposed substitute land that would be required by the conversion process. VOF staff followed with detailed presentations of the potential impacts of the pipeline on the easements, as well as the conservation values of the proposed substitute land.

Copies of the applications, staff reports and other materials can be found here.

“We received a great deal of information in the days leading up to the meeting, as well as through the presentations, and we feel that we need to keep the process open to allow more time for input,” says VOF board chair Stephanie Ridder. “We acknowledge that our power may be limited due to federal oversight, but we are committed to getting the best protection for the Commonwealth’s interest in our easements as we move through this process.”

VOF receives revised applications for Atlantic Coast Pipeline “conversion” request

Dominion Resources today submitted revised applications for conversion of open space on 10 Virginia Outdoors Foundation easements in Highland, Bath, Augusta and Nelson counties that lie in the path of the proposed Atlantic Coast Pipeline.

The applications will be considered by the VOF board of trustees at its next meeting in Richmond on February 9, 2017. They can be downloaded here.

Dominion first submitted draft applications in May 2016 to VOF’s Energy and Infrastructure Committee. Since then, the applications have been adjusted based on route revisions, input from multiple stakeholders and agencies, VOF requests, and issues raised during the Federal Energy Regulatory Commission (FERC) review process, which determines siting and approval of the pipeline.

In its revised applications, Dominion is seeking a permanent right-of-way within which to construct the underground pipeline. VOF staff have worked with both Dominion and the affected landowners throughout the process to ensure minimal impact to the easements and maximum protection of the public’s interest in the conservation values being affected. This includes reducing the requested right-of-way from 75 feet in the draft applications to 50 feet. It also includes prohibiting above-ground structures, prohibiting future additional pipelines, and restoring the surface area with native grasses and pollinator habitat. Other restrictions in the VOF easements will also remain in effect.

In addition, VOF staff provided significant input on the substitute land included in the applications to ensure that it would provide maximum benefit to the public if the easement conversions occur.

In the fall of 2016, VOF learned that an 11th easement in Nelson County could be impacted by a proposed alternate route, and voiced its opposition to FERC. In its draft Environmental Impact Statement issued on December 30, FERC wrote that it does not recommend that route.

VOF’s trustees will, on February 9, determine whether the applications meet the requirements of § 10.1-1704 of the Code of Virginia, 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.”

“While our preference is to avoid VOF easements entirely, we believe that the requirements under section 1704 of the Open Space Land Act ensure that the public’s interest in our easements remains fully protected,” says VOF Executive Director Brett Glymph. “The key question our board will consider in February is does the Atlantic Coast Pipeline satisfy the requirements of the law.”

VOF surpasses 800,000 acres of protected land

The Virginia Outdoors Foundation (VOF) capped off its 50th anniversary celebration in 2016 by recording several conservation easements in the last week of December that pushed its portfolio of protected land past the 800,000-acre mark.

Altogether, VOF protected about 21,000 new acres of farmland, forestland and other open space across 39 localities in 2016. Its portfolio, which includes more than 4,000 easements and four open space reserves, now stands at roughly 803,000 acres — an area larger than the state of Rhode Island.

Since VOF was established by the Virginia legislature in 1966, it has protected open space at a rate of nearly two acres every hour, making it not only the largest land conservation organization in Virginia, but one of the largest in the nation. About 95 percent of all Virginians live within 10 miles of VOF-protected land.

VOF’s largest easement in 2016 was on a 1,631-acre, sixth-generation family farm in Amherst County that is the site of Red Hill Farm, listed on the National Register of Historic Places. Augusta County saw the highest number of new easements—nine, protecting 1,425 new acres of mostly farmland.

VOF easements help to protect, among other things, 350,000 acres of prime farm soils, 325,000 acres of the state’s best forestland, 4,000 miles of stream and rivers, and 350 miles along designated scenic roads, rivers, and hiking and biking trails. The foundation is responsible for protecting approximately one third of all the land conserved in the six-state Chesapeake Bay watershed since 2000. These protections support the goals of the Virginia Outdoors Plan, which guides conservation priorities in the state.

Conservation easements are voluntary agreements between private landowners and a qualified easement holder such as VOF that limit future development while keeping land in private ownership to be utilized for farming, forestry, and other rural uses. Because of the public benefits associated with limiting development on rural land — protecting water quality, scenic beauty, wildlife habitat, and productive soils — landowners who donate easements are eligible to receive state and federal tax benefits.

A 2014 survey of landowners who donated easements to VOF since 2000 found that 90 percent of them manage the land for agricultural production or forestry. Approximately 60 percent used the Virginia Land Preservation Tax Credits they received to sustain, expand, or start a new farming or forestry operation, and 20 percent did the same for a business unrelated to farming or forestry. The survey also revealed that about three-quarters of easement donors reinvested their tax benefits back into additional conservation practices on their land.

VOF responds to recent exchange between FERC, ACP

The Virginia Outdoors Foundation yesterday responded to recent exchanges of information between the Federal Energy Regulatory Commission (FERC) and the Atlantic Coast Pipeline (ACP) related to the possible crossing of 10 VOF easements by the current proposed pipeline route.

FERC sought input from ACP about the proposed crossings in a letter to the developers on October 26. ACP responded on November 9. In its response, ACP wrote, “After a series of consultations with VOF, Atlantic filed ten applications with VOF in May 2016 for minor conversions under Va. Code §10.1-1704.…” It also stated, “Atlantic believes that it will have met all relevant state statutory criteria for VOF approval of the crossings if they are deemed to be conversions….”

In its December 5 response, VOF wrote, “It is VOF’s position that the proposed ‘conversions’ under this code section are not minor and, in fact, would represent the largest conversion of open space land in VOF’s 50-year history.”

Regarding ACP’s second statement, VOF clarified its position that any crossing of its easements would constitute a conversion of open space. “It is not a question at this time of whether the crossing will be deemed to be a conversion but rather whether Atlantic will have met the statutory requirements of Va. Code § 10.1-1704.”

Mountain Valley Pipeline proposes route that avoids VOF easements

Mountain Valley Pipeline (MVP) LLC, recently filed a new route alternative for its proposed gas pipeline in southwestern Virginia that, if adopted, would avoid crossing all Virginia Outdoors Foundation easements.

MVP filed the proposed route, called the Mount Tabor Route Variation, with the Federal Energy Regulatory Commission on October 13. MVP’s previous proposed route would have crossed two VOF easements in Montgomery County.

“Our staff has been working with MVP for more than two years to identify impacts of their proposed route to our conservation lands, and we have consistently urged them to avoid crossing easements,” says VOF Executive Director Brett Glymph. “MVP has been receptive to our concerns, and this new route reflects what we consider to be an acknowledgement of the importance of our work to the Commonwealth.”

VOF has submitted its own comments to FERC applauding efforts to avoid easements and emphasizing that “We will continue to work with the company throughout the FERC process to keep avoidance as the preferred strategy.”

VOF asks pipeline developers to present “conversion” applications at February meeting

The Virginia Outdoors Foundation has asked Mountain Valley Pipeline and Atlantic Coast Pipeline developers to present applications for conversion of open space land under the Open Space Land Act at its February 9, 2017 board meeting if the current alignments and project schedules remain unchanged.

Upon consideration, it was decided that the February meeting is the appropriate time to hear the applications because the Federal Energy Regulatory Commission (FERC) has already issued a Draft Environmental Impact Statement for the Mountain Valley Pipeline (MVP) and expects to issue a Draft Environmental Impact Statement for the Atlantic Coast Pipeline (ACP) as early as December.

Trustees want to ensure that VOF has an opportunity to submit formal comments to FERC before a certificate of public convenience and necessity is issued. VOF believes this timing is important to protect the public’s interest in its easements through the FERC process.

VOF has been working with the pipeline developers for more than two years to determine what impacts may occur to VOF-protected lands. The foundation has emphasized its preference to avoid all protected lands. If avoidance is not possible, VOF has informed the developers that it considers the construction, operation and maintenance of large-scale gas pipelines a violation of existing easements. This would trigger a process in Virginia law known as “conversion of open space.” This process, spelled out in the Open Space Land Act (Virginia Code 10.1-1704), outlines requirements that are designed to protect the public’s interest in open-space lands when a violation is unavoidable.

As shown in the Draft EIS, the proposed route for MVP crosses two VOF easements in Montgomery County. Company officials are hopeful that they can still avoid all VOF easements; however, VOF is exercising what it feels is a prudent approach by asking MVP to move through the conversion process as a precaution.

The proposed ACP route crosses 10 VOF easements in Bath, Highland, Augusta and Nelson counties, and a variation known as the Spruce Creek Route crosses an 11th easement in Nelson County. VOF has asked ACP to initiate the conversion process for all 11 easements. VOF recently sent updated comments to FERC summarizing the impacts of these crossings.

ACP and MVP submitted draft applications to VOF’s Energy & Infrastructure Committee in May. Since then VOF has been gathering more input on the projects, as well as input from affected landowners and other interested parties. It has also asked the companies to refine their applications based on new information in the FERC process.

VOF will post the applications on its website as soon as they become available. Anyone who wishes to comment on this process may submit written comments addressed to the board through the Warrenton office, electronically to bcabibbo@vofonline.org, or in person during the public comment portion of the February 9 meeting—the location and time of which is yet to be determined.

VOF responds to Elk Hill easement being added to formal ACP scoping process

The Virginia Outdoors Foundation recently learned that the historic Elk Hill property in Nelson County, which is protected by a VOF easement, has been added to the formal scoping process for the Atlantic Coast Pipeline (ACP) being conducted by the Federal Energy Regulatory Commission (FERC).

In response, VOF issued a letter to FERC stating that if the route through Elk Hill were to be approved, it would be considered a violation of the easement. As such, VOF is urging FERC to reject the route. If avoidance is impossible and the easement must be crossed, VOF would require ACP to go through a state process outlined in Section 10.1-1704 of the Virginia Code that ensures the public conservation values of the easement would be protected.

Before learning about the inclusion of Elk Hill in the scoping process, VOF was already aware that the official proposed route for ACP could place the pipeline through 10 VOF easements in Bath, Highland, Augusta and Nelson counties. VOF continues to assert its preference for total avoidance of all its easements. The foundation has also advised Dominion that if FERC approves a route through any easement, the company would need to go through the 1704 process, which requires applications and consideration by the VOF board of trustees. Dominion has begun to work on these applications, but a date for board consideration has not been set.

“Our focus throughout this process is to make sure that the public’s interest in our easements remains protected,” says VOF Executive Director Brett Glymph. “We have been very direct with both ACP and FERC that our easements represent significant public investment, and we will do our best to protect that investment.”

Pipeline project applications will not be on Sept. 29 agenda

Two natural gas pipeline projects that had been planning to present applications for conversion of VOF-protected open space at the upcoming September 29 VOF board meeting have deferred those applications until a later date, to be determined.

The applications by Atlantic Coast Pipeline (ACP) and Mountain Valley Pipeline (MVP), which were first shared with VOF’s Energy and Infrastructure Committee at a May 26 public meeting in Richmond, were submitted by the companies as part of a process related to requirements under § 10.1-1704 of the Code of Virginia. The law states that open space shall not 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.”

The primary considerations for VOF’s board will be whether the requests meet the essentiality and substitute land requirements under § 10.1-1704, and whether federal laws have any bearing on those requirements.

Written comments regarding these applications may be submitted to bcabibbo@vofonline.org and addressed to the VOF Board of Trustees. Keep watching our website for additional updates.

You may read more about these projects and the conversion application process here.