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CEA 09-22-10 Meeting AgendaITr CEA Frederick County Conservation Easement Authority MEMORANDUM TO: Conservation Easement Authority FROM: Eric R. Lawrence, CEA Secretary t` SUBJECT: September Meeting DATE: September 16, 2010 The Frederick County Conservation Easement Authority will be meeting on WEDNESDAY, September 22, 2010 at 8:00 a.m. in the Board of Supervisor's Executive Session Meeting Room in the County Administration Building, 107 North Kent Street, Winchester, Virginia. Note the changed meeting date. The Conservation Easement Authority will discuss the following agenda items: AGENDA 1. August 26, 2010 Meeting Minutes 2. Update on Potomac Allegheny Transmission Highline (PATH) 3. Fundraising Efforts a. VDACS FY2011 Matching Grant Application b. GIFT— Give $1 for 'Frederick's Tomorrow 4. Next meeting date October 23, 2010 5. Other Please contact the Planning Department (540-665-5651) if you are unable to attend this meeting. ERL/bad CIO Fi•edericic County Planning Depai`hnent, 107 North Kent Street, Winchester, VA 22601 (540-665-5651) Page 2 CEA September Meeting Agenda September 16, 2010 AGENDA ITEM ##2 Update on PATH The Potomac -Appalachian Transmission Highline (PATH) is a 244 mile, 765 -kilovolt transmission line proposal, designed to carry a vastly enhanced amount of coal-fired generation to states and cities in the mid-Atlantic East Coast. PATH is proposed by Greensburg, Pa. -based Allegheny Energy and Columbus, Ohio-based American Electric Power (AEP), with a $1.8 billion price tag and an expected in-service date of 2013. The PATH line would draw power largely from the John Amos power plant, which uses mountain top and strip mined coal, and other coal-fired generators in the Ohio River Valley. The PATH transmission line would begin at St Albans, just northeast of Charleston, WV. After tracking nearly 200 miles through WV, the line would cross into Frederick County, Virginia, then Jefferson County, WV, and then into northern Loudoun County, VA. PATH would then cross over the Blue Ridge, to cross the Potomac above Point of Rocks. The ultimate destination is Kemptown, in Frederick County, Maryland. Within Frederick County, Virginia, the project would follow and substantially widen the existing right-of-way (currently a 500 kv and 135 kv lines) in the northern portion of the County, and traversing at least eight rural preservation parcels and one conservation easement. PATH will select one or more routes to present to the Virginia State Corporation Commission as part of its application for Certificates of Public Convenience and Necessity; the reapplication to the SCC is expected late fall 2010. Towers for a 765 kV line are usually a lattice steel structure between 140 and 160 feet tall. New or additional rights-of-way will be needed for the entire length of the proposed line. It should be noted that state regulators in Maryland issued a favorable review of the PATH application this past July; action in West Virginia is pending. Any independent studies or environmental impact statements have been limited, and do not reflect the economic slowdown experienced in recent years. PATH may not be needed to meet demand growth (growth is declining significantly), efficiency can further reduce demand, other generating and renewable systems closer to the market area exist, and the highly polluting and greenhouse gas -emitting coal generation favored by PATH should be reduced, not encouraged. A draft resolution of opposition is attached should the CEA feel such a resolution is appropriate. CEA Frederick County Conservation Easement Authority RESOLUTION OPPOSING POTOMAC ALLEGHENY TRANSMISSION HIGHLINE (PATH) WHEREAS, Allegheny Energy (Allegheny) and American Electric Power (AEP) have proposed to build a 765 -kV transmission line (PATH) through the States of West Virginia, Virginia and Maryland, beginning at a substation adjacent to the John E. Amos coal-fired power plant in Putnam County, West Virginia; and WHEREAS, a portion of this PATH proposal will traverse northern Frederick County; and WHEREAS, the need for the PATH proposal remains unexamined and unanalyzed by credible independent experts, as does a review of alternatives, including enhancing energy efficiency and savings, fostering demand-side management and renewable energy penetration in Virginia; and WHEREAS, the PATH proposal would do great harm to the citizens of Frederick County, particularly those who reside in the County's rural areas, because they highly value its historic and environmental resources, agriculture, rural economy, rural character, scenic view sheds, open space, tourism industry; and WHEREAS, Frederick County has historically invested public fiscal resources in its agricultural lands through the implementation of Virginia's Use Value Taxation Program and promotion of a local Purchase Development Rights Program and the recently established Transfer of Development Rights Program; and WHEREAS, the routes proposed for PATH cross through and/or directly affect our communities, forests and preservation areas, inflicting economic damage on a wider group of citizens through adverse impact on the value of their properties, businesses and historic homes in the northern part of Frederick County; and WHEREAS, this proposal would impose water quality degradation for residents and livestock resulting from runoff of herbicides for cleared land needed to maintain the easements for the 765 -kV transmission line and because of highly sensitive ground water aquifers and springs; and WHEREAS, this proposal for a 765 -kV transmission line raises public fears about health risks for residents from electromagnetic fields; and CIO Frederick County Planning Department, 107 Forth Kent Street, Winchester, VA 22601 (540-665-5651) Page 2 WHEREAS, no Environmental Impact Statement was required by the Federal Energy Regulatory Commission (FERC) prior to granting Allegheny and AEP a 14.3 percent annual rate of return on its investment in the construction of the PATH project, to be paid by electric customers in 13 states, including Virginia; and NOW THEREFORE, BE IT RESOLVED, that the Frederick County Conservation Easement Authority hereby opposes the construction of PATH anywhere inside the boundaries of Frederick County until the completion of a federal programmatic Environmental Impact Statement, with full public review under the National Environmental Policy Act of 1970, addressing the need for power, alternatives to the PATH proposal, and all significant impacts on the human environment of the PATH proposal and its reasonable alternatives. Passed this 22nd day of September, 2010 by the following recorded vote: Diane Kearns, Chairman Jim Lawrence Charles E. Triplett Elaine M. Cain Todd B. Lodge Richie Wilkins Gene E. Fisher C. Robert Solenberger John Marker A COPY ATTEST Eric R. Lawrence, Secretary Conservation Easement Authority fr r. a �•`�a 4°r a d0 - fa l.. _ Gore Rural CommunIV ./oto C n!er f xas r ti �Q yP South 3imberRi' d t T `sA }. i r _ v � P epte' • 6 a Y I p• f R + Uo 62 522 b c, 4o C4TgLP w t e G3a� e7 PATK r Proposed Routes Frederick County, VA PATH - Routes (est) Conservation Easements 0--*\� Existing Potomac Conservancy �i Proposed j VA Outdoors Foundation C) Project Grid Rural Preservation Lots Railroads Rural Preservation Lots TownandCityBoundary 0 0.5 1 2 Wes Urban Development Area 1 Sewer and Water Service Area 0 2,640 5,280 10,560 Feet P/h w 9a.k Cre Rk - dZZ �`� r- _ afnesdevra .Rural Comnr�nify Center owG,Fµ 9° ¢� e Gare Rural Cammurafty � r 1q� h 2 [�i� 2 d t T `sA }. i r _ v � P epte' • 6 a Y I p• f R + Uo 62 522 b c, 4o C4TgLP w t e G3a� e7 PATK r Proposed Routes Frederick County, VA PATH - Routes (est) Conservation Easements 0--*\� Existing Potomac Conservancy �i Proposed j VA Outdoors Foundation C) Project Grid Rural Preservation Lots Railroads Rural Preservation Lots TownandCityBoundary 0 0.5 1 2 Wes Urban Development Area 1 Sewer and Water Service Area 0 2,640 5,280 10,560 Feet Page 3 CEA September Meeting Agenda September 16, 2010 AGENDA ITEM #3a VDACS PDR Matching Grant Program The Virginia Department of Agriculture and Consumer Services (VDACS) recently announced their FY2011 application deadline for their Purchase of Development Rights (PDR) grant - matching program. VDACS' funding for FY 2011 is limited to only $100,000, and will be allocated equally to those certified local PDR programs that can provide a local match of 50 percent. The deadline for applications is October 22, 2010. Staff would suggest that if the CEA desires to pursue this grant, the funds could be utilized towards the Hill High Farm conservation easement purchase. To date, $260,000 has been secured via the Federal Farm and Ranch Land Protection Program (FRPP); a $130,000 match is necessary for this FRPP. It should be noted that the FRPP grant for Hill High Farm must be utilized by March 2011. If the CEA wishes to make application, it will be necessary to meet the following aggressive deadlines: + CEA endorsement of an application by the end of September. • Board of Supervisors endorsement in October (their sole meeting for the month is October 13) The limited notice about this grant opportunity will result in an inability to secure the endorsement from the Finance Committee prior to the Board's consideration of the application. Staff is seeking the CEA's direction and any recommendations.