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Partnership adds to protection of Brandy Station Battlefield in Culpeper

The southern edge of Hansbrough Ridge in Culpeper County has been known by some colorful names: Devil’s Jump, Wicked Bottom, and, in a short-lived attempt to rebrand the area for clean living, Temperance Hill. The names indicate a rich history, one that the Civil War Trust (CWT), the Virginia Department of Historic Resources (VDHR), and the Virginia Outdoors Foundation (VOF) are working to preserve by recording two conservation easements on 174 acres that include the ridge and its slopes, which are part of Brandy Station Battlefield.  

While both easements are designed to protect the property permanently from development and will guarantee public access, one will be administered by VDHR and contains additional provisions protecting the historic aspects of the property.  

“The Department of Historic Resources is pleased to partner with VOF in the ongoing stewardship of this site to preserve and interpret it for current and future Virginians and visitors to the state,” said VDHR director Julie V. Langan. 

The VOF easement contains restrictions that prohibit division of the property, protecting its scenic and natural values and the historic setting and landscape of the battlefield.  

The landscape around the battlefield site is a vital link to the past. After the Battle of Brandy Station in 1863, the influx of more than 120,000 Union soldiers dwarfed the population of Culpeper County (12,000 in the 1860 census, more than half of whom were slaves). Over the course of five months, thousands of these soldiers camped along the crest of the ridge, home not only to infantry and cavalry troops but also to soldiers’ visiting family members and large hospitals where doctors, nurses and volunteers treated sick and wounded men. 

VDHR listed Hansbrough Ridge as a Virginia Historic Landmark in 2001, and in 2008 the site was named part of the Journey Through Hallowed Ground National Heritage Area, a federally designated 175-mile corridor that extends across Pennsylvania, West Virginia, Maryland and Virginia.  

“As a Civil War site, Hansbrough Ridge is unique,” said Civil War Trust President James Lighthizer. “You just have walk up to the top of the ridge to see how special it is. There are commanding views of the landscape in all directions, which made it a crucial defensive position during the Civil War.” 

Developers saw an opportunity to market those views in 2015, when they bought the property with the intention to develop a dozen residential lots. Reacting quickly, CWT negotiated a purchase of the tract before any development occurred, seeking support for the $900,000 acquisition from VOF and the American Battlefield Protection Program, with the addition of a noncash donation from the owners that put the purchase price within reach. 

A conservation easement on the ridge adds to the preservation of numerous significant battlefield properties in Culpeper County, including Culpeper Crossing—12 acres of historically significant battlefield land offering recreational access to the Rappahannock River. VOF’s trustees approved funding for an easement on Culpeper Crossing at their February meeting.  

Ultimately, the goal is to incorporate these properties within the Brandy Station and Cedar Mountain battlefields into a state park with educational and recreational opportunities. The views from Hansbrough Ridge will once again provide perspective. “From the top of the ridge, people will be able to read about the events of that period and survey the landscape,” Lighthizer says. “It will be an amazing way to see the history of this place.” 

VOF helps create new waterfront park in Virginia Beach

Nine acres on the Elizabeth River are set to become a waterfront park, thanks to a partnership between the Living River Restoration Trust (LRRT), the Virginia Outdoors Foundation, the Virginia Department of Conservation and Recreation, and the City of Virginia Beach.

LRRT bought the site late last year, securing $141,525 from the Virginia Department of Conservation and Recreation, $73,475 from the City of Virginia Beach Open Space Program, and $55,000 from VOF’s Preservation Trust Fund. VOF placed an easement on the property, and LRRT gifted the parcel to the city. The easement, which was recorded in January, limits development on the site while also requiring permanent public access.

“This has been such a unique opportunity not only to conserve some of the last lands on the Elizabeth River but also provide public access to one of the most scenic portions of the river,” said Diana L. Bailey, chair of LRRT.

Urban sites like this one are becoming increasingly vital to state and local conservation efforts. The Elizabeth River shoreline provides drainage for the city’s built areas, helping to prevent flooding in surrounding neighborhoods and protect water quality in the river. And access to the river means a healthier city in other ways as well.

“Projects like this are important because research tells us, and common sense supports, that there is a direct correlation between mental and physical health and access to nearby open space for people who live in urban environments,” said Brett Glymph, VOF’s executive director.

The park will be the first in the city to offer access to the southern shore of the Elizabeth River for public recreation, with a kayak launch, trails, parking and other potential amenities managed by Virginia Beach Parks and Recreation. The city expects to open the park later this year.

The Living River Restoration Trust was set up by the Elizabeth River Project in 2004. It is the only locally based land trust in the Elizabeth River watershed. Learn more at https://www.livingrivertrust.org/.

VOF allocates $548,000 for public access projects

The Virginia Outdoors Foundation is directing $548,000 from its Open-Space Lands Preservation Trust Fund (PTF) to facilitate the acquisition of four open-space easements that will increase public access to natural areas. The projects are located in the cities of Richmond and Suffolk and the counties of Gloucester and Culpeper.

Open-space easements are voluntary agreements between landowners and an easement holder to permanently restrict development on a piece of land. In this case, the easements also require public access to all or some of the land for recreation and education.

The projects were selected from applications received through January 15, 2018. Staff evaluated nine projects based on the extent of public access to be provided, the population served by this access, the conservation value of the site, and demonstrated community support and readiness.

Based on these criteria, staff recommended funding for four of the projects. The project proposal package can be found here. The remaining five projects will need to be developed further before they would be ready for review by the VOF Board.

The funding is split into two parts: $530,000 to cover easement purchase costs, and $18,000 to cover transactional costs associated with creating and managing the easement agreements.

Project summaries:

 
Project Name: Suffolk Park
Locality: City of Suffolk
Acreage: 6.12
Easement Cost: $200,000
Transactional Costs: $4,500

Description: The City of Suffolk is requesting assistance to acquire a parcel of land to create a city park adjacent to the Great Dismal Swamp National Wildlife Refuge. A contact station, environmental education facility, and wetland restoration area are planned on an adjacent site by the U.S. Fish and Wildlife Service. The project will create a strong connection and access point between downtown Suffolk and the refuge.

 

Captain Sinclair Recreational Area
Locality: Gloucester County
Acreage: 40.84
Easement Cost: $180,000
Transactional Costs: $4,500

Description: The Captain Sinclair Recreational Area is a 97-acre property with more than a mile of frontage on the Severn River near Mobjack Bay, gifted to the Middle Peninsula Chesapeake Bay Public Access Authority[k1]  in 2013. The property contains a[e2]  coastal ecosystem, featuring a mix of hardwood and pine forest, tidal wetlands, and non-tidal wetlands. The county approved a waterfront recreational site plan in 2015, but the lack of basic infrastructure and maintenance funds has hampered its implementation and use by the public. The funds from the easement purchase on a 40-acre portion of the property will help create fishing access and other recreational opportunities on the waterfront.

 

Project Name: Culpeper Crossing at Rappahannock Station
Locality: Culpeper County
Acreage: 12.37
Easement Cost: $150,000
Transactional Costs: $4,500

Description: Situated on the south bank of the Rappahannock River at the Town of Remington, Culpeper Crossing is historically significant for its strategic importance to Union and Confederate soldiers seeking to control the territory around the river. The property is highly visible and provides public access opportunities for heritage tourism and waterfront recreation. The Civil War Preservation Trust has a purchase contract on 200 acres that includes this tract and intends for it to be included in their proposed Brandy Station-Cedar Mountain state park.

 

Project Name: James River Trail
Locality: City of Richmond
Acreage: 8.38
Easement Cost: $0 (easement is being donated)
Transactional Costs: $4,500

Description: This highly visible, privately owned parcel on Riverside Drive fronts on the south bank of the James River and includes a strip of land between the river and the public road that is informally used by the public as a walking path. The owner is donating an open-space easement to prohibit further development, and is offering permanent public access on the strip along the river’s edge. This could further city plans to create a connection between Pony Pasture and Huguenot Woods, two parks on the James River. It also assists with safety concerns, as visitors must either walk on the private property or on a public road to get from one park to the other.

VOF volunteer team celebrates “A Day of Service” at Evergreen Cemetery

A team of nearly a dozen VOF staff, family, and friends, including executive director Brett Glymph and trustee Viola Baskerville, headed out to Richmond’s Evergreen Cemetery for a cleanup on January 15 to honor Martin Luther King Day. Taking place each year on the third Monday in January, the MLK Day of Service is the only federal holiday that is also a national day of service — a “day on, not a day off.” Governor Ralph Northam came out to meet and talk with volunteers about the community effort.

In all, 119 people came out to work, braving the frigid temperatures to clear decades of overgrowth and debris from walkways and grave markers in the historic African-American cemetery. The Enrichmond Foundation organized the day’s activities, part of a long-term project to ensure that Evergreen will reemerge as a point of pride for the city.

“There’s no better way of honoring the legacy of Dr. King,” said Ted Maris-Wolf, Enrichmond’s caretaker for the site. “Our volunteers include East End Richmond neighbors, as well as folks from western and northern Virginia who wanted to connect with something larger than themselves and be of service to others.”

Having acquired the 60-acre cemetery in May 2017, Enrichmond will place it under a conservation easement with VOF to protect the site from future development. Over the next several years, the nonprofit will continue efforts to restore the site, making it more accessible to visitors with help from community partners.

“We are so proud to be part of this effort,” said VOF’s Brett Glymph. “Watching the community come together to restore dignity to this special place gives us great hope for the future.”

VOF protected 23,446 acres of open space in 2017

The Virginia Outdoors Foundation (VOF) recorded 75 new conservation easements in 2017, protecting 23,446 acres of open space for farming, forestry, and recreation in 47 localities.

Conservation easements are voluntary agreements between landowners and qualified government or nonprofit organizations that limit future residential and industrial development while keeping the land in private ownership.

One of the largest easements is on Bacon’s Castle Plantation, a 1,260-acre farm in Surry County that surrounds the oldest documented brick dwelling in the United States. The house, now owned by Preservation Virginia, was built in 1655 for merchant Arthur Allen and later became known as Bacon’s Castle because it was the site of an uprising against the Colonial government led by Nathaniel Bacon. The owner of Bacon’s Castle Plantation, a 10th-generation Surry County farmer whose mother grew up on the adjacent property that is now Chippokes Plantation State Park, worked with VOF, the Department of Conservation and Recreation, and the U.S. Department of Agriculture’s Natural Resource Conservation Service to complete the easement.

Another new easement is on a 9-acre tract in Virginia Beach, protected in partnership with the Living River Restoration Trust, the City of Virginia Beach, and the Department of Conservation and Recreation. The property, a mix of wetlands and forest, will eventually will become the first public park in Virginia Beach offering paddling access from the southern shore of the Elizabeth River.

In addition to the new easements, VOF amended 27 existing easements to increase protected acreage and improve restrictions. The foundation also took ownership of 1,100 acres of high-value conservation land as mitigation for impacts to 11 easements from two proposed federally regulated natural gas projects.

VOF now protects more than 820,000 acres of open space across Virginia. These lands help to protect more than 4,100 miles of streams and rivers, 230,000 acres in ecologically significant landscapes, 375 miles along designated scenic roads and rivers, 325 miles of threatened and endangered species waters, and 80 miles along designated hiking and biking trails. Since being established by the General Assembly in 1966, VOF has preserved open space at a rate of nearly two acres every hour. About 95 percent of all Virginians live within 10 miles of VOF-protected land.

Updated: VOF goes to bat for conservation on several electric transmission projects

As utility companies expand and upgrade Virginia’s electrical grid, the Virginia Outdoors Foundation has been involved in the review of upgrade projects to determine and mitigate any potential impacts to existing VOF open-space easements. In several recent cases, VOF has helped to influence the eventual design of a project to reduce and minimize impacts to conservation lands.

Remington-Gordonsville Project

Dominion Energy’s Remington-Gordonsville transmission project aims to resolve electric reliability issues in the Piedmont region west of Interstate 95 and east of Shenandoah National Park. The company has proposed using its existing 38.2-mile transmission corridor from the Remington substation in Fauquier County to the Gordonsville substation in Albemarle County.

The project originally proposed to replace single-circuit wooden “H-frame” towers with double-circuit steel monopole towers. The wooden towers are about 50 feet tall on average, whereas the steel towers would be more than 100 feet tall. The existing right of way passes through 26 VOF easements, and in some cases the right of way would have needed to be expanded from 70 feet to 100 feet.

As part of its review of the project, VOF submitted comments to the State Corporation Commission (SCC) outlining its concerns regarding the potential impacts to VOF open-space lands and their viewsheds. VOF asked Dominion Energy and the SCC to consider, among other things, shorter towers and non-glare materials to minimize impacts.

On June 13, 2017, the SCC hearing examiner issued a report that included VOF’s recommendations where feasible. The final decision rests with the three SCC Commissioners, who are responsible for issuing the certification of public convenience and necessity that would allow Dominion to begin construction.

VOF has written to VOF easement landowners along the line where it has been determined to be technically feasible and reasonable to install shorter towers. If landowners are interested in the shorter tower option, they may work with Dominion and VOF to determine if additional right of way can be accommodated on VOF easements.

“We are pleased that the SCC and Dominion have been receptive to our recommendations,” says Martha Little, VOF’s deputy director of stewardship. “We look forward to working with them and the landowners to find ways to reduce the impact to the surrounding landscape as much as possible.”

Cunningham-Dooms Project

VOF also provided comments to Dominion Energy and the SCC on the Cunningham-Dooms rebuild project, which affects portions of the Piedmont. Project details can be found here.

VOF expressed concerns about the use of galvanized steel lattice towers in this area and the impacts to conservation resources. VOF asked for alternatives to be explored for siting, height, and tower construction materials that would avoid or minimize visual impacts.

On May 5, 2017 the SCC issued its final order for the rebuild project and required that Dominion Energy use chemical dulling of the tower finish to reduce visual impacts.

Norris Bridge Project

VOF staff was requested to provide testimony at the SCC hearing on this rebuild project, which would upgrade a power line that crosses the Rappahannock River at Norris Bridge between Lancaster County and Middlesex County. The section of line to be replaced is one of two crossings of the Rappahannock that form part of the Dominion transmission network providing power to the Northern Neck. Details can be found here.

In its testimony, VOF expressed concerns about new towers obscuring views of Parrot’s Island, a VOF easement in the Rappahannock River that is visible from the bridge. Because of its high visibility to the traveling public, the Parrot’s Island easement included “preservation of scenic open space”.

The SCC hearing examiner’s report for the Norris Bridge project has not yet been released.

8/23/17 update: The hearing examiner’s report has been published and recommends placing the power line underground. The report now goes to the SCC commissioners for consideration.

12/22/17 update: On December 21, the SCC issued an order directing Dominion to build the line underwater, finding that “underwater construction reasonably minimizes adverse impacts of the replacement line.” Approval is conditioned upon Dominion obtaining any other approvals necessary for underwater construction.

Dooms-Valley Project

Dominion Energy contacted VOF for comments about the Dooms-Valley rebuild project in June 2017, ahead of formally filing its application with the SCC and independent of the state environmental impact review process.

VOF provided a preliminary response on July 12, 2017, advocating for steps to reduce the visual impact of new structures on the landscape, or at a minimum, to emulate the existing towers in height, size, color and reflectivity as much as feasible.

VOF will likely submit further comments on this project during the official comment period as administered by the Virginia Department of Environmental Quality.

VOF sets planning in motion for Hayfields property in Highland County

The Virginia Outdoors Foundation (VOF) has initiated planning for the 1,034-acre Hayfields Farm in Highland County, which is being acquired by VOF following a three-year process in which Atlantic Coast Pipeline, LLC sought conversion of open space on 10 VOF easements for a proposed 42-inch natural gas pipeline.

Dominion Energy, the lead developer of the pipeline, was required to provide substitute land for the incursions under Virginia’s Open-space Land Act. VOF’s Board of Trustees finalized the conversion applications on October 16 and gave Dominion until December 4 to transfer ownership of Hayfields to VOF on behalf of the Commonwealth. Dominion is also providing $4 million in long-term stewardship funding to help with the maintenance and operations of the property.

Hayfields will not be opened to the public until VOF has finished going through a management plan process that will involve stakeholders such as state and local government partners and community representatives.

VOF expects to conduct planning sessions in 2018, which will inform the management plan process. Details about the sessions will be made available through VOF’s website, as well as through media and direct contact with state and local partners.

“Our overall goal is to make certain that this incredible property remains protected as open space, and that it serves the greatest good for the Commonwealth, says VOF Executive Director Brett Glymph.

VOF announces grant opportunity for easements that include public access

The Virginia Outdoors Foundation is seeking proposals for open-space easements that would result in new outdoor recreation and education opportunities for the public, especially in cities and towns where such opportunities are lacking. To help fund the acquisition of easements, VOF has allocated approximately $600,000 from its Open Space Lands Preservation Trust Fund. These funds are being made available through a grant application process. Projects will be reviewed and ranked using the following criteria: protection of natural resources, level of public access, community served, and demonstrated existing community support (for example, through additional funding or letters of support from community groups and local governments).

More details about the application process, including a copy of the application form, can be downloaded at https://www.vof.org/download/easement-docs/fy18_ptf_grant_application.pdf.

Proposals will be accepted through January 15, 2018. Potential applicants are strongly encouraged to call and discuss the proposed project with either Kristin Jones at (434) 989-5900 or Leslie Grayson at (703) 850-3924 prior to working on a submission. Grant recommendations will be reviewed by VOF’s Board of Trustees. Results are expected to be announced following the March 2018 board meeting.

VOF was established by the Virginia legislature in 1966 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. Since then VOF has protected more than 800,000 acres — a rate of nearly two acres every hour.

In 1997, the General Assembly created the Open Space Lands Preservation Trust Fund to assist landowners with the costs of conveying conservation easements, and in limited instances, to purchase a portion of the value of easements as funds are available. The fund has helped protect land by providing grants to reimburse the landowner costs of donation, providing grants for county Purchase of Development Rights programs, and by providing grants which purchase a portion of the value of an open-space easement on significant conservation lands.

In recent years, the VOF Board of Trustees, in support of Governor McAuliffe’s goal to provide more public access to protected lands, has prioritized a portion of the Preservation Trust Fund for acquisition of easements that provide public access. In February 2017, VOF’s board allocated $1.5 million for such projects, which you can learn more about here.

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 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.

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.