Citizens express concerns about VOF mineral policies at forum

About 80 people attended a VOF-sponsored forum in Fredericksburg on March 13 to discuss the issue of natural gas extraction on conservation easements.

The four-hour forum featured presentations from the Shenandoah Valley network, Virginia Petroleum Council, and Northcentral Pennsylvania Conservancy. Nearly two hours were devoted to questions and comments from the public, including several environmental groups.

For most of its 47-year history, VOF has allowed some easement donors to retain limited oil and gas rights as long as those rights were consistent with federal tax law and VOF felt the rights would not jeopardize the conservation values of the easements.

In 2012, in response to concerns about the expansion of horizontal hydraulic fracturing in Virginia, VOF increased its restrictions in easements with retained oil and gas rights. Some members of the environmental community felt that the restrictions did not go far enough and are asking VOF to consider prohibiting all forms of oil and gas development on all of its easements.

Thursday’s forum was designed to solicit additional input from the public prior to VOF’s next board of trustees meeting on April 22, where the board is expected to consider these policies further.

Comments submitted during the forum, as well as video, presentations, and other information from the event, will be posted on VOF’s website later next week. Additional comments may be submitted any time to jmcgarvey@vofonline.org.

Conservation easements are voluntary agreements between private landowners and a qualified land trust such as VOF that limit development while allowing farming, forestry, and other uses that do not permanently destroy the conservation values of the property.

VOF holds easements on more than 729,000 acres—nearly the size of Rhode Island.

VOF’s response to the Virginian-Pilot editorial, “Conservation, Not Fracking”

Editor’s note: This piece was published in the February 3, 2014 print edition of the Virginian-Pilot, in response to the paper’s criticism of VOF’s policies about oil and gas extraction on conservation easements.

In its January 27 editorial “Conservation, Not Fracking,” the Virginian-Pilot asserted that two years ago the Virginia Outdoors Foundation “changed its easement language specifically to allow hydraulic fracturing—fracking—for oil and gas on lands protected by VOF agreements.”

As we told the paper in October when it first wrote about this issue, that assertion is false.

VOF’s standard easements do not permit drilling of any kind. However, easements are the result of voluntary negotiations between VOF and landowners, and when landowners have requested to retain limited mineral rights, we have occasionally allowed it under two conditions: that the retained rights comply fully with federal laws, and that the easements include any restrictions that VOF feels are necessary to protect the conservation purposes of the agreement.

On older easements, the restrictions were more permissive. As we learned more about oil and gas drilling over the years, we increased our restrictions.

Which brings us to 2012.

That year, after many months of research on the latest oil and gas technologies, VOF staff proposed and the board accepted new restrictions meant to protect our easements from impacts associated with, among things, hydraulic fracturing. Our new restrictions went above and beyond our older restrictions. For example, several surface activities associated with fracking that were previously unrestricted were now clearly restricted.

Do the restrictions prohibit fracking? No. Nor do they allow it. Rather, they establish a set of binding and permanent conditions that any activity—fracking or otherwise—would have to comply with. We also retain the right to review and approve any plan before drilling begins.

The bottom line is that our policies are in entirely consistent with tax laws governing easements, standard practices in the land conservation community, and our role as a state agency serving the public. If anything, the 2012 changes to our policies made our protections stronger.

Just as oil and gas technologies evolve, so do our policies. We will be seeking public input at a forum on this issue in Fredericksburg in March. Details will be posted at vof.org in the coming weeks. We welcome all input on this very important issue.

56,697 acres of open space protected by VOF in 2013

The Virginia Outdoors Foundation conserved 56,697 new acres of open space in 2013 — its fourth-greatest year ever. VOF recorded nearly 200 easements in 62 localities, including a 7,312-acre easement in Halifax County that protects one of the largest contiguous private properties in Virginia east of the Blue Ridge Mountains. The property has nearly 10 miles of frontage along the headwaters of the John H. Kerr Reservoir, and the Dan, Bannister, and Hyco rivers.

Speaking about the achievement, Governor Bob McDonnell said, “I want to commend the Virginia Outdoors Foundation for their dedication to preserving open space across Virginia for future generations to enjoy. 2013 marked a landmark year for the Foundation as they saw their fourth-largest amount of acres preserved. Over the last four years, the combined efforts of private landowners and land trusts, together with the Virginia Outdoors Foundation, the Department of Conservation and Recreation, Department of Historic Resources, the Department of Agriculture and Consumer Services, and the Department of Forestry have worked to protect thousands of acres of the Commonwealth. To assist with future preservation efforts I was pleased to include $4 million in my final budget in addition to the $6 million we previously provided for this important effort.”

VOF protected nearly 150,000 acres during the McDonnell Administration. VOF now protects about 725,000 acres across 106 localities — an area nearly the size of Rhode Island.

Additionally, during the McDonnell Administration, the Virginia Land Conservation Foundation, administered by DCR, awarded over $4.5 million for matching grants funding 29 projects across the Commonwealth, to conserve over 4,300 acres. The Department of Historic Resources acquired 75 preservation easements totaling 6,819 acres, of which, 49 easements protected 6,314 acres of Civil War battlefield land. Approximately half of this battlefield land was conserved as a result of nearly $4 million in grants through the Civil War Sites Preservation grant program. Also included is an easement on the historically significant Werowocomoco, the location of Paramount Chief Powhatan’s village.

A projected 230,000 acres of land are expected to be permanently protected during the McDonnell Administration. The final tally is expected to be completed in a few weeks.

“The balance of acres comes from other agencies, private land trusts, and a small number of acres selectively acquired by the state to add to state parks, natural area preserves, wildlife management areas, state forests, and historic sites,” said Virginia Natural Resources Secretary Doug Domenech. “These acres contribute to the environment, historic and natural resource education, and to the economy through tourism.”

“Thanks to the Governor’s support and continued commitment of citizens to land conservation, we are making sure that Virginians will have unspoiled landscapes and productive farmland and forests for generations to come,” said VOF Chairman Charles H. Seilheimer, Jr., of Orange.

“Demand for voluntary land conservation remains as strong as ever in Virginia,” added VOF Executive Director Brett Glymph. “The Land Preservation Tax Credit program continues to be the most effective and efficient tool in the nation for conserving open space.”

A breakdown of VOF’s acreage by locality can be found here.

VOF protects 700,000th acre with easement on New Kent farm

The Virginia Outdoors Foundation recently protected its 700,000th acre of open space thanks to a conservation easement donated on a 116-acre Bicentennial Farm in New Kent County.

It’s VOF’s second easement in New Kent County. The other easement is on Crawfords State Forest.

Silver Hall Farm has been owned and operated by the Binns family since 1771. It is located along U.S. Route 60 about 20 miles east of Richmond. The farm sits across from Crawfords State Forest, which was acquired by VOF in 1995 before being transferred to the Virginia Department of Forestry.

The Silver Hall Farm easement prohibits subdivision and limits the amount of dwellings and other impervious surfaces that can be built on the farm. These restrictions will ensure that the soils—two-thirds of which are designated by the U.S. Department of Agriculture as prime farmland—will remain available for farming, forestry, and other rural uses.

The easement also includes a half-mile riparian buffer on Schiminoe Creek, which runs along the farm’s eastern edge. The buffer helps to prevent erosion and runoff from impairing the creek, which flows into the Chickahominy River.

“To me, this farm is a legacy from my predecessors,” said Edward Binns, who runs all of the farming operations. “It looks like development pressure is going to increase in the future, and I did not want to see it go under houses.”

The property is held in a trust managed by Mr. Binns, his sisters Margaret Binns Adamson and Grace Binns Timberlake, and his mother, Lora Mead Binns, who lives on the farm.

The Binns family learned about VOF’s program from the Capital Region Land Conservancy, a local nonprofit that promotes conservation easements throughout the Richmond region.

VOF has protected about 45,000 acres in the Richmond region using conservation easements. In the last decade, VOF has protected open space in Virginia at a rate of about five acres every hour. The foundation holds more easements than any land trust in the nation. Its easements help to protect 3,500 miles of streams, 300,000 acres of prime farming soils, and 550,000 acres of open space in the Chesapeake Bay watershed.

85-year-old conservation group protects its Warren County property with VOF easement

One of Warren County’s oldest conservation groups recently protected its 150-acre property with a conservation easement donated to the Virginia Outdoors Foundation.

For nearly 85 years, the Warren County Chapter of the Izaak Walton League of America has been promoting clean air, soil, woods, waters, and wildlife in the Northern Shenandoah Valley.

The chapter’s property is used for outdoor recreation, education and wildlife habitat. Buildings on the grounds date back more than 100 years, including the chapter house where members meet once a month.

The chapter encourages youth groups to utilize the park’s facilities. Space is available for camping, and nature walks introduce visitors to a variety of rare wildflowers. Other youth programs teach archery, fly casting and other types of fishing skills. Every spring the chapter hosts a trout rodeo.

“Future conservationists will not exist if our youth do not know and love the outdoors,” said chapter president, Harry Reed Jr. “I hope to make the general public aware of the beautiful area in which we live and feel strongly that this property needs to be preserved for future generations.”

Four times a year members volunteer to clean up Browntown Road. Last month, the chapter received an award from the Lord Fairfax Soil and Water Conservation District for improvements made to Happy Creek, which members clean biannually. The chapter’s Save Our Streams program conducts biological sampling in streams to monitor stream health.

The VOF easement limits future development on the property. Much of the land is visible from outlooks on Skyline Drive and parts of the Appalachian Trail. The property shares a half-mile boundary with Shenandoah National Park and contains more than a half mile of Gooney Run, a native brook trout stream.

Protections along Gooney Run qualified the project to receive an $8,000 grant from Trout Unlimited’s Coldwater Land Conservancy Fund to help cover the legal and appraisal costs of recording the easement.

Conservation easements are voluntary agreements with landowners that permanently protect the land’s natural, scenic, historic, recreational, and open-space values from intense development while keeping the property in private ownership. Land owners who donate easements may be eligible for federal and state tax benefits.

In addition to the Izaak Walton League easement, VOF recorded two other easements in Warren County this year on 730 acres. One property fronts the Shenandoah River for more than one mile, and both properties are located in the Rockland Rural Historic District. VOF protects a total of about 6,500 acres in Warren County and about 700,000 acres statewide.

Craun Farm, Augusta County

Jim Craun celebrated a 100th birthday in June.

Not his—his barn’s.

The barn is one of several buildings that Mr. Craun has restored on his family’s 165-acre farm in Augusta County. The cavernous interior is barely enough to contain his memories of summers spent working there as a boy, when his grandparents owned the place. From unloading the hay wagon to milking and feeding cows in the weathered troughs downstairs, his memories are as vivid as the fresh red stain covering the exterior.

The farm has been in Craun’s family since the 1800s. Although he has spent most of his life as a dairyman in Fauquier County, his love for the Augusta farm is evident in his attention to detail in restoring its buildings. All but one piece of the farmhouse’s siding is original. The interior is meticulously cared for, and the original wood—from the floors to the paneling to the solid cherry staircase and front door—has been refinished to perfection.

One of the more remarkable restorations is a small corn crib next to the barn. Not long ago, the structure was in shambles. “Everyone said, ‘Let it fall,’” Craun says. “But I said no.” He salvaged and restored nearly all of the original wood, including the slotted siding that allows air to come in while keeping the rain out. The building exudes the kind of simple elegance that defines Shenandoah Valley farming. “It’s my pride and joy,” Craun adds.

Craun has restored more than buildings. Between the house and pastures stands a dense patch of vegetation. Hidden there is a spring that was once the source of water for the farm but was stomped shut by cattle over the years. Working with Bobby Whitescarver and the Natural Resources Conservation Service, Craun enrolled in conservation programs that enabled him to dig out the spring, revive its flow, and protect the area with a fence. The spring drains into Naked Creek, a state-listed impaired stream that passes through the farm and has also been fenced off and protected with vegetative buffers.

Craun points out that it was the careful stewardship of his ancestors that enabled the farm to be here today. “My grandparents deserve all the credit because of the way they took care of the place. That was a characteristic of the Crauns. If the Crauns had anything, it was for life.”

It’s that same sense of stewardship that spurred him to place a Virginia Outdoors Foundation easement on the property in 2011. He hopes that future generations will care for the property just as he has.

Admiring the massive oak timbers in the barn, Craun says with a smile, “It’ll outlive me.”

Nothing could please him more.

Dig this: Archaeology workshop coming to the Bull Run Mountains in October

In celebration of Virginia Archaeology Month, the Virginia Outdoors Foundation and Fauquier County will sponsor an archaeology workshop for the public on October 11-12 in northern Fauquier County.

Join us to learn more about archaeological sites and archaeological site stewardship.  Mike Barber, state archaeologist with the Virginia Department of Historic Resources, will speak about the basics of archaeology and archaeological methods on Friday, October 11 at 7:00 p.m. at the Afro-American Historical Association of Fauquier, 4243 Loudoun Avenue, The Plains, VA.

On Saturday, October 12, a hands-on archaeology study will be presented for public participation from 10:00 a.m. – 3:00 p.m. at a late 18th century stone house in the Bull Run Mountains off of Hungry Run Road. Professional archaeologists from Thunderbird Archaeology, a division of Wetland Studies and Solutions, Inc., will be on-hand to assist volunteers and answer questions.

For more information, contact VOF’s Amanda Scheps at (540) 347-7727 ext. 227 or ascheps@vofonline.org, or Wendy Wheatcraft with Fauquier County Planning at (540) 422-8213 or wendy.wheatcraft@fauquiercounty.gov. You can view other activities celebrating Virginia Archaeology Month at http://www.dhr.virginia.gov/arch_DHR/ArchMonthCalendarofEvents2013.pdf

Location of Day 2 activity at Bull Run Mountains:


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Preserving the Jordan

Rappahannock is a small county with a big penchant for preservation. Of its 170,825 acres, roughly 35 percent, or 60,000 acres, are protected—half in Shenandoah National Park and half in conservation easements on private land, mostly held by the Virginia Outdoors Foundation.

About 6,700 of VOF’s easement acres lie within the Jordan River watershed. From its headwaters in the park, the Jordan winds east through beautiful rolling hills for 12 miles through northern Rappahannock. Shortly after it flows under Route 522, it parallels a twisting country road, North Poes, for 6.5 miles before joining the Rappahannock River. Anyone traveling on North Poes will drive past a VOF easement on one or both sides of the road the entire way. The easements form an almost continuous corridor of protected forestland and open space along the river, helping ensure its status as a state-designated Scenic River.

Easement donors along the Jordan represent a mix of incomes, livelihoods, and history with their land, but there’s one thing they have in common, says Kristin Ford, VOF’s assistant director of easements: “They realize how special the area is. The whole conservation community works together to let people know about easements—to help protect their land and keep it in the family.”

Land parcels throughout the county have been put together, split apart, and rejoined at various times—a pattern that fits the 2012 easement donations along the Jordan. Two are from siblings in the Vierling family. Larry, Karen, and Bruce Vierling, all now past 60, inherited three parcels that their father had purchased from local farming families in 1958 and combined into a single farm. He needed to have a place to store the airplane parts he sold, Karen says, and also enjoyed being a “gentleman farmer” when he had the time, raising a line of prize Hereford cattle. The three kids grew up spending their summers and weekends there in an old brick farmhouse.

“It was my dad’s church,” Karen says. “He loved to walk the land, and I’d walk with him. This is what feels like home to me.”

Now married to Jay Allen, Karen says she and her brothers divided the farm among themselves when they inherited it and sold 25 acres with the old farm house on it to Laura Morris, Larry’s daughter. Laura was the first in the Vierling family to donate an easement to VOF, in 2008, and encouraged her parents and aunt to do the same. Laura’s efforts, Karen says, along with those of the Piedmont Environmental Council’s conservation land officer for Rappahannock, Don Loock, led her and her brother Larry to jointly donate easements on their properties last year.

“We’ve been really lucky that my father had the foresight to buy the property back when it was affordable,” Karen says. She notes that she and Jay would likely have donated an easement without the associated tax incentives, but the ability to sell the tax credits that came with the easement enabled them to build a house on the property, where they plan to live out their lives.

***

The concentration of easements along North Poes Road all began with a single easement donated by Bob and Barbara Dennis in 1977. At the time, Bob was the executive director of the Piedmont Environmental Council, and he promoted easements among his neighbors and other Rappahannock landowners, often through neighborhood brunches.

One of the things that makes Rappahannock special, says VOF’s Kristin Ford, is that landowners “have such a deep love for the county” and “have been instrumental in getting the word out to other landowners.” Neighborhood gatherings, such as the brunches, are a great way to get landowners interested, she says. “When their own neighbors are at a neighborhood gathering, they feel they’re in a comfortable spot to just begin the discussion.”

Easements are the first line of defense against rampant development and in protecting family farms, but conservation organizations are increasingly looking to the bigger picture—how to protect entire ecosystems. Given Rappahannock’s proximity to the national park, it has important waterways and wildlife corridors, says Ford. “Everything is connected. The bigger the block of protected acreage, the better it is for wildlife, but also for keeping farming and forestry viable.” That in turn drives other aspects of the local economy, she adds.

More and more, easement donors are expressing interest in going beyond that first step toward protecting wildlife. As a result, conservation organizations that were focused on easements are now also providing more programs on wildlife habitat for landowners. In one of these programs, the Virginia Working Landscapes—coordinated by the Smithsonian Conservation Biology Institute and supported by VOF, PEC, and others—a group of landowners engage in various habitat-restoration projects on their land.

The Allens are looking into joining the program and recently attended two of its workshops—on managing riparian areas and on pollinators. Another 2012 easement donor along the Jordan River, Helen DuBois, is already a member of the group. She feels strongly about conservation, saying that, while the opportunity to lower her taxes “was a nice benefit,” she was really driven by the desire to reassemble a larger parcel of land that then could not be further developed.

“Our easement collapses three parcels that might otherwise contribute to increased forest fragmentation and greater invasives along the woods’ edge,” she explains. “In that sense, the granting of the easement helps ensure that the Jordan River frontage will remain largely wild and intact.”

With her kids now graduating from college, Helen says she is taking more time for volunteer conservation work. She’d like to make her property, which is classified as a “high priority conservation area” by the Virginia Department of Forestry, more wildlife friendly by planting select areas in wildflowers and native grasses.

Both Helen and the Allens continue looking for ways to be good stewards of their land. In this small corner of Virginia, determination likes theirs is achieving big results.

—Pam Owen is a journalist, photographer, and lifelong conservationist. Her column, “Wild Things,” appears regularly in the Rappahannock News.

VOF designates new Special Project Area in Rockbridge, Botetourt

At its June 26 Board of Trustees meeting, the Virginia Outdoors Foundation approved the designation of a new Special Project Area in Rockbridge and Botetourt counties.

The Buffalo Creek-Purgatory Mountain Special Project Area encompasses 178,800 acres bordered on the west by the George Washington National Forest and on the east by the Blue Ridge Parkway. Providing headwaters of the James River, this relatively pristine agrarian and forested area has seen extensive easement activity in recent years. It includes one of the few remaining intact rural east-west connections between the Allegheny and Blue Ridge Mountains. This undeveloped corridor provides critical habitat connectivity and safe passage under Interstate 81 for wildlife between the ridge systems.

The area was nominated for Special Project Area designation by the Rockbridge Area Conservation Council (RACC) and Valley Conservation Council (VCC) —two local groups that have been key partners of VOF in protecting open space in the region. Of the 51,000 acres that VOF protects in Rockbridge and Botetourt counties, approximately 19,000 acres lie within the new Special Project Area.

“The Special Project Area designation is a tremendous benefit to local residents who are interested in establishing conservation easements or accessing other resources to manage their land in ways that maintain healthy wildlife populations,” says RACC Executive Director Barbara Walsh. “The area is now recognized as having characteristics like forested and rural landscapes, food, water, and cover that are providing an important connection between populations and habitat areas, as well as a way to cross Interstate 81 that protects both the public and wildlife.”

VCC Executive Director Faye Cooper agrees. “This special designation supports a focused conservation effort in an area of great ecological value and compliments the land-saving accomplishments of private landowners in the area who already have taken steps to conserve their lands,” she says.

The Buffalo Creek-Purgatory Mountain Special Project Area has been identified in a recent study by The Nature Conservancy and the Open Space Institute as one of the more intact and resilient forested landscapes within the Appalachian Mountain region. The Buffalo Creek watershed supports extensive recreational opportunities and hosts an impressive diversity of flora and fauna. The Virginia Department of Conservation and Recreation’s Division of Natural Heritage has rated several plant and animal species in this area as “extremely rare and critically imperiled” or “very rare and imperiled within Virginia.”

The area also contains numerous cultural resources, such as Native American historical sites; the Aubrey Paul fort, active during the French and Indian War; remnants of the Natural Bridge-Dagger Springs Turnpike constructed in the 1830s; and the historic Greyledge Plantation, which played a role in the early iron mining industry in Virginia.

Efforts to designate the Buffalo Creek Rural Historic District are currently underway. The Special Project Area nomination was supported by officials from Botetourt and Rockbridge counties, the Historic Lexington Foundation, the Rockbridge Historical Society, the Upper James River Resource Conservation and Development Council, and several local landowners.

With the Special Project Area designation now in place, RACC plans to finish the ongoing wildlife survey led by RACC board member and bear specialist Mike Pelton, which documents wildlife movement under I-81. Following that, events are planned for landowners in the area who want to learn more about the opportunities for conservation easements and meet with neighbors who have already established easements on their property.

For more information or to get involved in any of these activities, in Rockbridge County contact Barbara Walsh at (540) 463-2330 or racc@rockbridge.net, and in Botetourt County contact Genevieve Goss at (540) 966-4606 or genevieve@valleyconservation.org.

VOF announces new Executive Director effective September 1

The Virginia Outdoors Foundation, holder of more open-space easements than any land trust in the nation, has selected Brett C. Glymph, of Springfield, Va., to be the organization’s new Executive Director starting September 1, 2013.

Since 2006, Glymph has worked as assistant attorney general in the Real Estate and Land Use Section of the Virginia Attorney General’s office. Her duties have included serving as special counsel for VOF, drafting and reviewing many of the policies and legal decisions related to VOF’s portfolio of more than 3,500 open-space easements. She earned her Juris Doctorate from the William and Mary Marshall-Wythe School of Law in Williamsburg, and she also holds a Bachelor of Arts degree in Foreign Affairs from the University of Virginia.

“VOF has more than doubled its portfolio of protected land in the last seven years, and Brett has been there every step of the way,” said VOF Board of Trustees Chairman Charles H. Seilheimer, Jr. “Under her leadership, we are confident that VOF will maintain the high level of credibility and integrity it is known for both regionally and nationally.”

Glymph will assume responsibilities from Bob Lee, of Warrenton, who announced his retirement in June.

Lee became VOF’s Executive Director in 2004 following a 30-year career as a county administrator for Fauquier and Clarke counties. Under his leadership, VOF protected more than 400,000 acres of open space across 98 localities, thereby strengthening Virginia’s position as a national leader in voluntary land conservation. Lee modernized and expanded VOF’s stewardship division, secured new funding sources for the organization, and strengthened VOF’s relationship with state agencies, private land trusts, and other key partners. He will be granted the title of Honorary Executive Director Emeritus effective September 1.

VOF was created by the Virginia General Assembly in 1966 as an independent agency whose mission is “to promote the preservation of open-space lands and to encourage private gifts of money, securities, land or other property to preserve the natural, scenic, historic, scientific, open-space and recreational areas of the Commonwealth.” VOF is governed by a Board of Trustees composed of seven trustees appointed by the Governor for four-year terms.