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CEA 11-18-10 Meeting AgendaJFCEA Frederick County Conservation Easement Authority MEMORANDUM TO: Conservation Easement Authority FROM. Eric R. Lawrence, CEA Secretary 0� SUBJECT: November Meeting DATE: November 10, 2010 The Frederick County Conservation Easement Authority will be meeting on Thursday. November 18, 2410 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. September 22, 2010 Meeting Minutes 2. 2010 Frederick County Comprehensive Plan a. Rural Areas section update 3. Update on Power Line Projects, as applicable a. Potomac Allegheny Transmission Highline (PATH) b. Dominion Power's Rebuild 4. Fundraising Efforts a. GIFT— Give $1 for Frederick's Tomorrow 5. Overview on Tax Benefits of Conservation Easement Donations 6. Nomination for new member to replace Jim Lawrence. 7. Next meeting date 8. Other Please contact the Planning Department (540-665-5651) if you are unable to attend this meeting. CIO h-ederick County Planning Department, 107 North Kent Street, Winchester, VA 22601 (540-665-5651) MEETING MINUTES OF THE FREDERICK COUNTY CONSERVATION EASEMENT AUTHORITY Held in the Executive Session Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on September 22, 2010 at 8:00 a.m. PRESENT: Diane Kearns, Chairman; Jim Lawrence, Treasurer; Robert Solenberger; Elaine Cain; Todd Lodge; and Gene Fisher, Board of Supervisors Liaison. ABSENT: Ritchie Wilkins, Vice -Chairman; John Marker; and Charles Triplett, Planning Commission Liaison. STAFF PRESENT: Eric R. Lawrence, CEA Secretary; and Bev Dellinger, Secretary III. OTHER: Sortis Pappas, Citizens Against PATH. PUBLIC MEETING: 1. August 26, 2010 Meeting Minutes On a motion made by Mr. Solenberger and seconded by Mr. Jim Lawrence, the August 26, 2010 minutes were approved, with one change initiated by Chairman Kearns. 2. Update on Potomac Allegheny Transmission Highline (PATH) Mr. Eric Lawrence presented an update. On Monday, September 20`x', the PATH organization submitted to the State Corporation Commission their application for approval. The information provided by Mr. Lawrence in the agenda packet is consistent with what was submitted to the State on September 20"'. The proposed location hasn't changed. The maps that are available to the public are generalized so Mr. Alex Gray, of the Planning Department, and Mr. Lawrence used the information they could find from PATH and their local knowledge and mapped it out. PATH proposes to follow an existing power line corridor for the most part; they do deviate to go around an existing conservation easement. They haven't acknowledged any of the rural preservation lots, which are set-aside portions of rural preservation developments. It's important to point out that the Board of Supervisors recently changed the Frederick County ordinance to reflect 60% of a rural subdivision as preservation lots, with no development rights. Parcels that Frederick County views as being important as preservation lots are not being acknowledged by PATH. Mr. Lawrence further stated that the basis for PATH is they need to provide a better network of power. It doesn't stop in Frederick County; it's providing energy from the power plant in West Virginia and it's working its way to the northeast area of the country. Frederick County doesn't see a local benefit to our power grid. Based as it's coming through Frederick County, they're proposing to be adjacent to the existing power corridor. As you come from the west, they're going to have to expand the easement and, as they get to the eastern part of the County, Conservation Easement Authority Page - 146 - September 22, 2010 they're going to do what they call double tracking, which means they're going to replace the towers and go higher within the existing corridor. Basically, on Apple Pie Ridge and Welltown Road cast, they'll just put up larger, higher towers than what is currently there. In reading about this project, Mr. Lawrence has found that whenever they have an area where they can't get additional easement because of houses or some obstruction, they do what they call an alternative jog, and they go north or south of it, or they jump from one side of the easement to the other. At the State level, they're saying they want to follow this general location but they want the flexibility of ten miles from the existing corridor. They already own the access, so the easiest thing for them to do is to stay in the existing easement and put up the higher towers. Mr. Lawrence stated that what he has been able to discern from the application is they feel they've got a good argument for why we need power and the corridor they're looking at is one least impacted. The application is a seven volume application and they only submitted one volume to the County. Mr. Lawrence talked to our County attorney, Mr. Rod Williams, yesterday about how to get the other six volumes because they haven't been responsive. Chairman Kearns asked the relationship between TRAIL and PATH. Mr. Eric Lawrence responded that TRAIL is 500 kv and PATH is 765 kv and TRAIL is going to Northern Virginia. Mr. Lawrence understands that once TRAIL is built and on line, they can install PATH, because they're going to have to shut down the existing corridor that PATH is going to follow and re- route the power through TRAIL to by-pass this area while they're building PATH. Mr. Fisher stated that the big difference he sees between TRAIL and PATH is that TRAIL will benefit southwestern Frederick County. Chairman Kearns stated she understands the concept behind this, but we're setting ourselves up for big problems in the fixture by not attempting to conserve on energy use. Mr. Pappas gave members a hand-out, titled "Path is "Greed, Not Need!" He stated that Pemisyivania stopped PATH to ten miles inside the border. Chairman Kearns asked members if they would like to endorse the Resolution Opposing Potomac Allegheny Transmission Highline that Mr. Eric Lawrence has prepared. Mr. Jim Lawrence made a motion to support the Resolution. Mr. SoIenberger seconded the motion and the vote was unanimous for approval. Chairman Kearns stated the Federal Government gave PATH the authority to get a 14% profit off of this project, and that's where we need to try to stop them. It's all about money and if they're not guaranteed a certain percentage on the project, we may be able to stop them. 3. Fundraising Efforts a. VDACS FY2011 Matching Grant Application Chairman Kearns told members that the State has more money to grant than they anticipated. Unfortunately, she didn't find out until just recently. Chairman Kearns feels it would be a good idea to publicize this fact, even though Frederick County is not able to contribute any funds toward purchasing the Hill High easement, which has approval from FRPP and becomes void in March, 2011. Conservation Easement Authority Page - 147 - September 22, 2010 Mr. Eric Lawrence stated that the FRPP program does not require County funds; it just requires a $130,000 match. The VDACS program requires County fiends. At this point, VDACS has only $100,000 to split among 18 jurisdictions with programs that qualify. Mr. Jim Lawrence feels that with the VDACS time -frame, it's an exercise in futility. But maybe the CEA can forward a memo that points out what the leveraging opportunities are with this type funding for the future. Mr. Fisher thinks this is a positive point. If the CEA can get funds through fundraising activities, it's more palatable for the Board of Supervisors to contribute funds. Mr. Fisher suggested that CEA members take the opportunity to talk with Board members, giving them information and answering questions they may have. Individual contact allows an exchange of thoughts. b. GIFT — Give $1 for Frederick's Tomorrow Chairman Kearns brought a bundle of rack cards and encouraged members to take some for placement in businesses. 4. Next Meeting Date October 28, 2010 5. Other Chairman Kearns stated that Ms. Kelly Watkinson of the Potomac Conservancy has a meeting to education the public on what their special designation areas are scheduled for tomorrow night in Star Tannery at the Volunteer Fire Department from 6:30 p.m. to 8:00 p.m. There being no further business, the meeting adjourned at 8:40 a.m. Respectfully submitted, Diane Kearns, Chairman Eric R. Lawrence, CEA Secretary Conservation Easement Authority Page - 148 - September 22, 2010 RURAL AREAS CURRENT CONDITIONS Most of Frederick County's land area is predominantly rural in character. Of the County's 266,000 acres, an area comprised of 243,000 acres is rural and is located primarily west of Interstate 81. The rest, approximately 23,000 acres, comprises the Counties Urban Areas into which the County has a policy of directing most of its growth. It is the Rural Area which best exhibits the beauty, view sheds, and tranquility for which Frederick County is known. The primary land uses in the Rural Area are agriculture and forests. While reduced in size and acreage in recent years, income per acre has increased (See Agribusiness Development.) These uses play an important role in the County's economy not only in providing income to the farmer but lessening costs in providing County services. The prime agricultural land is in a band which runs north - south west of Interstate 81. It is also the same land which is easily developed into large lot subdivisions. Many residents have been attracted to the beauty and lifestyle offered by the Rural Areas. With the exception of the historic Rural Communities, the predominant new residential development pattern in the Rural Areas is widely scattered large lots as well as cluster lots (2 ac. on 20 ac. or larger) accompanied by set-aside preservation tracts (60 ac.). These are by -right activities in the rural area of the County. For the most part, they are on individual lot water and sewer systems. Currently, approximately (30) percent of the County's residences have been developed in the Rural Area. In addition, there is a significant amount of rural land which has been already subdivided but not yet built on. The Residential Development component of this plan evaluates this dynamic further. To deal with development pressures building over the last decade in the Rural Area, the Board of Supervisors established a Rural Areas Subcommittee. Its 2009 Report established several new enhancements for this area of the County. The newest policy is Transferable Development Rights (TDR) which incentivizes the preservation of rural Frederick County by permitting the sale of development rights (sending area) to the Urban Development Area (receiving area) through the private market. This option joined other land use tools previously in existence which could be described as financial vehicles for the agriculturalist. They include: -Land use taxation (local) -Conservation easements (non-profit) -Purchasable development rights (public) The Report also affirmed the existing land use policies for the rural area of preserving rural character and open space; improving the rural view shed; and that a belief in preserving these two attributes furthers the community's attractiveness and value. FREDERICK COUNTY COMPREHENSIVE PLAN 10/15/10 Draft 1 RURAL AREAS Added to these policies are the following policies for the broader community: -Maintain the rural character of these areas outside the Urban Areas -Ensure that land development activities in the rural areas are of an appropriate quality -Protect the rural environment -Utilize the Urban Areas to provide public services at a lower cost Historically, the County has taken great care to allow residential land uses and agriculture to co -exist. Tools implemented by the County in recent years to enhance this dynamic of the Rural Areas include buffering, clustering, right -to -farm, and the promotion of Agricultural and Forestal Districts. All of these provide protections to both homeowner and farmer and enable equal use and enjoyment of the Rural Areas. Within the Rural Areas of the County there are several residential developments, Rural Communities, which were established years ago. They consist of small lot residences and commercial uses typical of a village. There are no public utility services currently. The Rural Areas Subcommittee recommended looking at private utility systems to serve these Communities. In addition, Rural Communities could be a receiving area for TDRs. Of the Rural Communities, Round Hill has had a plan developed which incorporates the village area along with commercial uses along U.S. 50 west of its interchange with Route 37 By -Pass (see Area Plans), The Rural Communities of Frederick County will continue to play a role as focal points for the Rural Areas. FOCUS/DIRECTION FOR THE FUTURE Frederick County has a recognizable rural area where natural resources are respected and its beauty and heritage are preserved. While the industry of agriculture is likely to evolve into different types and sizes of operation, its presence will be sustainable and progressive. The Agribusiness Development section further promotes the evolution of the agriculture in the County's Rural Areas. Residential development within the Rural Areas should look like the rural communities we are familiar with, and should be different from that which is observed in the County's Urban Areas. The natural landscape should be used as its basis with a greater emphasis placed on conservation design for growth within the Rural Areas. Recreational opportunities within the Rural Areas will be encouraged to grow, both as a land user and a land preserver. Rural Communities will see a degree of vitality to further enable their continuance as a focal point for the Rural Areas and a location for special village life. Frederick County will remain at the forefront of developing the tools necessary to carry this vision into the future. FREDERICK COUNTY COMPREHENSIVE PLAN 10/15/10 Draft 2 RURAL AREAS COMMUNITY BENEFITS The primary benefit of the County's Rural Area policies is that the rural lands that make up our Rural Areas will be ensured for future generations and that the economic viability of agriculture in the rural areas will be supported. In addition, with tools provided such as Transferable Development Rights, fewer houses are built in the Rural Area, resulting in lesser public service costs for the County as well as reduced transportation costs for the State. Rather than develop the land, recreational and open space uses can be increased for the enjoyment of County residents and visitors alike. More judicious residential development using the natural contours and the principles of conservation design will leave the beauty of the land still recognizable. Wise and caring uses of all the Rural Area will help preserve it into the indefinite future. POLICIES/IMPLEMENTATION POLICY: MAINTAIN LAND USE TAXATION IMPLEMENTATION: • Review taxation policies and add depth as agricultural uses evolve. POLICY: CLUSTER RESIDENTIAL DEVELOPMENT TO CREATE CONNECTED GREEN SPACE, AND APPROPRIATE TRANSITIONS WITH THE URBAN AREAS. IMPLEMENTATION: Employ principles of Conservation Design by preserving the desired physical characteristics of the Rural Areas. Position residential clusters considering physical characteristics of the land. Avoid prime soils, minimize land disturbance and grading, and minimize drainage changes. • Attempt to make open space and preservation areas contiguous and preserve larger areas of Green Infrastructure by clustering residential uses. • Consider package treatment plants and/or community water systems where possible. • Limit access to major road systems. FREDERICK COUNTY COMPREHENSIVE PLAN 10/15/10 Draft 3 RURAL AREAS + Avoid Developmentally Sensitive Areas (DSA's), historic districts, sending TDR areas, recreational overlays, and Agricultural and Forestal districts. POLICY: UTILIZE NEIGHBORHOOD CENTER CONCEPT WITHIN THE RURAL COMMUNITIES. IMPLEMENTATION: • View the Rural Community Centers as nucleus's of the Rural Areas. Preserve the character and scale of these communities. • Provide improved services within the neighborhood centers (package treatment plants, fire and rescue, satellite county offices, library) and use such Community Facilities as focal points. • Rural Community Centers should be at existing transportation nodes. • Encourage mixed residential/commercial services within the Rural Community Centers. POLICY: ACKNOWLEDGE DIFFERING LEVELS OF RURAL LAND USE INTENSITY IMPLEMENTATION: • Identify current uses and locations. Recognize the uses based on their needs and effects on surroundings. • Take differing levels of intensity into consideration during planning processes. POLICY: SUPPORT VOLUNTARY LAND PRESERVATION TOOLS IMPLEMENTATION: • Support CEA, TDR, Agricultural and Forestal districts, and PDR programs, among others. • Educate public about the above programs. • Participate in state grant programs thereby leveraging county money to the greatest extent possible. FREDERICK COUNTY COMPREHENSIVE PLAN 10/15/10 Draft 4 RURAL AREAS • Fallow changes to state code that would enable new land preservation tools. • Encourage good forestry and best management practices within the Rural Areas. POLICY: SUPPORT RURAL RECREATION IMPLEMENTATION: • Identify local, regional, and national rural recreation opportunities within the County's Rural Areas. Support and expand the number of users of Rural Recreation. Examples include, the Big Blue and Tuscarora Trails, numerous Civil War Battlefields, Cedar Creek and other waterways, George Washington National Forest, to name a few. • Create overlays to inform and preserve rural recreation opportunities • Work regionally to preserve, expand and create rural recreation opportunities. POLICY; BUILD FLEXIBILITY AND MAINTAIN OPPORTUNITIES FOR THE FUTURE OR THE 11.111:1_1 W11:11-1vi IMPLEMENTATION: • Maintain inventory of open space of differing qualities adequate for perceived needs of the future. • Maintain transition areas between radically different uses, most importantly, between the Rural and Urban Areas. AGENCIES/COMMITTEES INVOLVED Conservation Easement Authority Frederick County Farm Bureau Frederick County Fruit Growers Association Agriculture and Forestal District Advisory Board Preserve Rural Life Preserve Frederick County FREDERICK COUNTY COMPREHENSIVE PLAN 10/15/10 Draft 5 MOUNT STORM To- DOUBs 500KV REBUILD PROJECT Dominion plans to rebuild an aging transmission line within existing right-of-way BACKGROUND Dominion's Mt. Storm to Doubs 500 kilovolt (500kV) transmission line is a critical component of the electric grid that serves West Virginia, Virginia, and Maryland. This line was put into service in 1966 and, after more than four decades of operation, the structures and equipment are approaching the end of their expected service life and require replacement to maintain reliability. Dominion has been addressing maintenance issues on this line for over 15 years, including extensive and ongoing repairs, however the entire line is now in need of a complete rebuild. Please note that Dominion is NOT involved in the PATH project in West Virginia, Virginia, and Maryland. Dominion's rebuild of its Mt. Storm to Doubs line is entirely separate from PATH. PROJECT OVERVIEW Remove existing structures and rebuild 96.4 miles of new 500kV line between Mt. Storm, West Virginia and the Potomac River/Maryland border. Rebuilding this line now will: • NOT require new right-of-way • Replace aging infrastructure prior to equipment failure • Take advantage of a window of opportu- nity to allow the Mt. Storm to Doubs line to be rebuilt during off-peak periods without disrupting power service to customers • Replace structures at, or very near, the current locations with slightly taller structures to maintain required ground clearances, see diagrams below 45 FEET MINIMUMy EXISTING Existing Structures (self-supporting $ guyed, average height 106') 45 FEET MINIMUM EXISTING EXISTING 75-BOFEET 75.80 FEET I_ 75-80 FEET 150-160 FEET If 15 PROJECT BENEFITS Reduces the risk of a major failure of the high-voltage network Maintains local and regional electric reliability Increases capacity of the line by approximately 66 percent PROPOSED TIMELINE Fall 2010 — Outreach to stakeholders and regulatory entities for necessary approvals Spring 2011 — Initiate construction activities in West Virginia Fall 2011 — Initiate construction activities in Virginia Summer 2015 — Energize rebuilt line Proposed Structure (self-supporting, average height 130') 46 FEET MINIMUM EXISTING EXISTING R/W 8/W 75-80 FEET 75-80 FEET 75-80 FEET EXISTING R/W Forks of Cacapo • Q r Hampshire Call NTY �3 rs x Morgan 6 Shanghai r Hindle $ 2y U West Virginia • • shoeix 'I'm I/-- --\, t- * ,/ Berkeley, Fairway • , / Chestnut TimbHeights • Fairway, Cross Meadows Junction Grove R• City Estates osswood Hills iLakewoo Acres 00. 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Wildliro Rtriugp , a • « � - Mprrgppllwq Wnuhinglon Alrporix Aulhorlty � Wild—... Miles If you have questions or comments regarding the Mt Storm to Doubs 5OOkV Rebuild Project, please send an email to: powerlinei&dom.com or phone one of our transmission customer service agents at 1-888-291-0190 from 7 a.m. to 7 p.m., Monday -Friday, or 9 a.m. to 1 p.m., Saturday. You can also obtain information about this project and updates as we proceed at www.dom.com, keyword: MSD E Q a Mt. Storm - Doubs 500kV Rebuild Project f 1-1—mminial Sign in Register search Customers Products Investors News careers clvism About Dominion Dominion Corporate ; About , Electric Transmission , Mtstorm , Mt. Storm - Doubs 500kV Rebuild Project Electric Transmission Line Projects > Northern Virginia Projects > Eastern Virginia Projects Central Virginia Projects Southwestern Virginia Projects > North Carolina Projects — West Virginia Projects Mt. Storm - Daubs 5o0kV Rebuild Project > Transmission Line Topics Electric Transmission Access and Interconnections Mt. Storm - Daubs SOOkV Rebuild Project Dominion's Mt. Storm to Doubs 500 kilovolt (kV) transmission line is a critical component of the electric grid that serves West Virginia, Virginia, and Maryland. This line was built in 1966 and after more than four decades of operation the structures and equipment are approaching the end of their expected service life and require replacement to maintain reliability. Dominion has been addressing maintenance issues on this line for over 15 years; however the entire line is now in need of a complete rebuild. Dominion's Mt. Storm-Doubs (MSD) rebuild project proposes to replace the aging lattice steel structures you see today with new ones located entirely within the existing right-of-way. In other words, Dominion does not need to acquire additional land from property owners in order to rebuild our existing line. PLEASE NOTE: Dominion is NOT involved in the PATH project in West Virginia, Virginia and Maryland. Dominion's rebuild of its Mt. Storm to Doubs line is entirely separate from PATH. Community Outreach • Mt. Storm-Doubs Fact Sheet • Open House Advertisement (Virginia) Informational Open House Events Tuesday, Nov. 16, 5 p.m. - 7:30 p.m., James Wood High School cafeteria 161 Apple Pie Ridge Road, Winchester, VA 22603 Wednesday, Nov. 17, 5 p.m. - 7:30 p.m., Lovettsville Community Center 57 East Broad Way, Lovettsville, VA 20180 Project Details Route Maps Route Details Project Overview Project Need Project Benefits Proposed Timeline Regulatory Approval Process Contact Us Questions and Answers Will Dominion require additional right-of-way? How will the completion of this project benefit me as a resident? What is the electric transmission grid and how does it serve local customers and electric cooperatives? What is the cost of the Mt. Storm-Doubs rebuild project? When dfd Dominion first consider rebuilding this line? Would citizens or businesses be at risk for power outages while the line is being rebuilt? http://www,dom.com/about/electric-transmission/mtsLorm/iridex.Isp[11/9/2010 4:04:20 PM] Mt. Storm - Doubs SOOkV Rebuitd project Why do the new structures have to be taller? What will the new structures be made from and how does it differ from the materials used in the old structures? Will the rebuild of hit. Storm to Doubs result in an increase in its capacity? What will be the environmental impact of construction of the line? Should I be concerned about Electric and Magnetic Fields? Will Dominion repair damage due to construction? 0 SHARE 'Print V� C�t Help I Legal Terms and Conditions I Privacy I Para Servirlos I Contact Us I Diversity NYSE (November 9, 2010) D 43.07 -0.02 0 WESG?IN http://www.dom.com/about/electric-transmission/mtstorm/index.jsp(II/9/2010 4:04:20 PM)