Category Archives: Conservation Easements

VOF Letter to FERC: ACP Impact Not “Minor”

On March 10, 2017, the Virginia Outdoors Foundation (VOF) wrote FERC reiterating concerns over the proposed crossing of 10 VOF conservation easements. FERC’s DEIS refers to the proposed easement conversions as “minor.” The VOF letter states that “The 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. Therefore, the construction, operation and maintenance of the ACP will constitute a conversion of the easement property as outlined in Va. Code § 10.11704. VOF has stated on many previous occasions that the impact is very significant and by no means ‘minor’.”

The VOF letter also outlines recommended conditions that should be imposed if FERC approves the proposed ACP. Conditions include permitting only a permanent 50-foot easement for one 42-inch diameter underground natural gas pipeline and the associated permanent access road easement, transfer of properties from ACP to VOF as substitutes for the converted properties, and acceptance of stewardship funds from ACP for management of the substitute properties and to offset VOF’s unreimbursed costs associated with the ACP.

Read the full VOF letter here.

Continuing the Fight

Voices From Bath and Highlanders for Responsible Development co-sponsored a meeting in Highland County on February 1, 2017. at which speakers from five groups discussed the DEIS and offered ways for the many attendees to continue their involvement in the pipeline fight. Speakers included Greg Buppert, senior attorney with the Southern Environmental Law Center; Rick Webb, Dominion Pipeline Monitoring Coalition program coordinator; Joe Lovett, attorney and founder of Appalachian Mountain Advocates; Lewis Freeman, Allegheny Blue Ridge Alliance executive director; and Nancy Sorrells, with the Augusta County Alliance. The five agreed FERC had issued an incomplete and inaccurate DEIS.

Greg Buppert said the DEIS “glosses over important impacts. There’s missing information. There’s information that is deferred. But this is the type of impact statement that FERC produces.” He also said the need for the ACP has been exaggerated by a Dominion-created group of businesses. “Our first critical focus will be on the need for this project. There’s evidence that this project is not needed to meet the demand for natural gas. The arrangement of the entities, both building the pipeline and buying the gas, is that they’re all affiliates and subsidiaries of Dominion Resources. You don’t need an advanced degree in economics to know that’s not an arm’s length transaction that’s accurately reflecting the market.”

Rick Webb pointed out an obvious falsehood in the draft EIS. “Here, it says the engineering status and the permitting status are done,” he said. “Both of those are completely false. The engineering is far from being completed and none of the permitting is done.” He also said FERC had dismissed concerns about the potential for water contamination in cavernous karst terrain. “It’s not just where the pipeline crosses. Dominion is only looking at karst features within a certain distance on either side of this corridor. It’s everybody downstream — their water supply is at risk…. Once you get that mud into the subterranean karst system, it takes a long time for it to work its way out.” Webb urged residents downstream from any proposed pipeline activity to write to FERC before the April 6 deadline and request thorough study of potential karst water pollution.

Joe Lovett also urged everyone to file comments to FERC prior to April 6, and asked that they provide copies of their comments and other information to his organization, Appalachian Mountain Advocates. “If you have some data and you think FERC isn’t going to consider it, please let us know, because FERC is obligated to consider all of the relevant information. If they fail to consider it, that’s a flaw and that’s how we win.”

Nancy Sorrells urged landowners to not sell easements and discussed tactics being used by Dominion’s land agents. “This is not a done deal. The land agents who approach you will tell you it’s a done deal and you’d better sign. It’s your right — you don’t even have to talk to them. The spin they put out is pretty incredible. What they try to do is divide and conquer. They’ll say ‘Don’t tell your neighbor, but we’re going to give you a better deal.’ They’ll say ‘If you don’t sign, you’ll be flagged as troublemakers,’ or ‘We’ll just move the pipeline off your property because your neighbors have signed.’ ”

Sorrells distributed an Augusta Alliance information sheet that explains, “Dominion does not have the right to an easement through your property unless FERC grants it the power of eminent domain. That has not happened. Even if FERC ultimately grants Dominion the power of eminent domain (still far from certain), landowners have significant rights involving protection of their property to insure that they are paid the true value of the highest and best use of their property.”

The Augusta Alliance formed the Virginia Easement Action Team, a non-profit education and legal defense group, to assist landowners who do not wish to sell easements to Dominion. More information can be found at www.augustacountyalliance.org.

Virginia Outdoors Foundation Delays Decision on Easement Swap

After a day of public hearings on February 9, 2017, in which overwhelming opposition was heard to Dominion’s proposal to swap open land conservation easement properties to facilitate building the proposed ACP across existing easements, The Virginia Outdoors Foundation (VOF) held a brief closed door meeting and voted unanimously to defer consideration of Dominion’s application. Many speakers recognized the VOF Board’s difficult position, facing intense legal pressure from Dominion on one side, but intense opposition from the public, local Planning and Supervisor’s boards, landowners, and conservation groups on the other.

The Recorder has published an excellent overview of the VOF’s decision and the many comments made at the VOF’s meeting:  “Open-Space Foundation Tables Easement Decision.”

It’s Not Too Late to Voice Your Concerns to VOF!


Do it on or before February 8, 2017!   Because on February 9, 2017, the Virginia Outdoors Foundation (VOF) is scheduled to consider the application by Dominion Transmission, Inc. to receive approval for the Atlantic Coast Pipeline to cross 11 conservation easements in Highland, Bath, Augusta and Nelson Counties held by the VOF. State law provides for exceptions to conservation easements, but only if certain criteria are met. We DO NOT believe the Dominion proposal satisfies the requirements of the law. Send your letters or emails (by 5 pm February 8!) to:

Brett Christina Glymph, Executive Director,
39 Garrett St., Suite 200
Warrenton, VA 20186
(540) 347-7727
bglymph@vofonline.org

Dominion Revises Request on Conservation Easements

On January 12, 2017, Dominion submitted revised applications for conversion of open space on 10 Virginia Outdoors Foundation (VOF) easements in Highland, Bath, Augusta and Nelson counties that are on the proposed ACP route. The applications will be considered by the VOF Board of Trustees at its meeting in Richmond on February 9, 2017. Download the revised applications here.

Dominion first submitted draft applications in May 2016, and in its revised applications is seeking a permanent right-of-way within which to construct the ACP. Dominion claims to have reduced the direct impact on current conservation easements by 13 acres and offers to VOF new easements on land elsewhere in exchange for encroachment of existing easements.

Dominion spokesman Aaron Ruby says the 21-to-one acreage swap offered is a “generous offer.” But the offer is insignificant compared to the damage the pipeline would cause to forests, waterways, and wildlife. Take this piece of land and let us destroy these others? Consider the words of Aldo Leopold, writer, ecologist, and author of Sand County Almanac: “Harmony with land is like harmony with a friend; you cannot cherish his right hand and chop off his left.”

Pipeline opponents say the Dominion’s proposed conversion would violate state law, specifically § 10.1-1704 of the Code of Virginia, which allows for easement conversions only if they meet certain conditions, including showing conversions are “essential to the orderly development and growth of the locality.” Greg Buppert, Southern Environmental Law Center, said, “There is simply no way for Dominion to argue that this is essential to those localities.” Localities will receive no benefit from the ACP.

Further, if VOF agrees to convert the easements, it would cripple the program intended to protect scenic and environmentally valuable property. Buppert noted, “The risk here for the easement program is significant. If the VOF says yes, they undermine the critical trust between the Foundation and the owner of the easement.” How many property owners will want to put land in conservation easement to protect against development if they see that VOF will allow construction of 42-inch pipelines on that property?

Although the January 12, 2017, deadline has passed for having your letter included with the advance packet for the VOF Board, you may still write to protest this unwarranted taking of land currently in easement. Send letters to:

Brett Christina Glymph, Executive Director
39 Garrett St., Suite 200
Warrenton, VA 20186
(540) 347-7727
bglymph@vofonline.org

Read more about the ACP threat to protected private land on the Dominion Pipeline Monitoring Coalition (DPMC) Story Map page about the unprecedented request to VOF.

Action Needed Now on VOF Consideration of ACP Easements Issue

We are passing on important information posted by ABRA.

The Virginia Outdoors Foundation (VOF) Board of Trustees is scheduled to consider at its February 9, 2017, meeting in Richmond the request from Dominion Transmission, Inc. to permit the Atlantic Coast Pipeline to cross eleven Virginia properties on which the VOF holds conservation easements. It is crucial that those concerned with this unprecedented proposal let the Trustees hear their views. Letters that are received by Thursday, January 12, 2017, will be included in the pre-meeting packets that are sent to Trustees in advance. To obtain more information on the VOF easement issue, click here.

Please write the VOF ASAP and urge the organization to:

  • support the clean water, wildlife habitat, working farmland, rural character, and scenic views protected by the conservation easements,
  • preserve the essential trust that exists between landowners and VOF, critical to the future of land conservation in Virginia, and
  • deny Dominion’s unprecedented and irresponsible request to permanently impair conservation values on 11 conserved properties.

Send your letters before January 12 to:
Brett Christina Glymph, Executive Director
39 Garrett St., Suite 200
Warrenton, VA 20186
(540) 347-7727
bglymph@vofonline.org