Farmland Protection Board

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Based at the headwaters of the Potomac River, Pendleton County is one of the most agriculturally active counties in West Virginia. With three major river valleys, Pendleton County supports more than 540 family-owned farms that for over 150 years have enabled people to earn a living and maintain a rural lifestyle. Over 170,000 acres or 38.2 percent of the county is classified as farmland. According to the 2002 West Virginia Agricultural Statistics, Pendleton County ranks number one in sheep and wool production, third in chickens, fourth in all cattle, and eighth in all hay production.

Like other places, however, Pendleton County is also at the crossroads of change, losing 128 farms and 9,855 acres of farmland in five years between 1997 and 2002. The trend of converting farmland and woodland to residential and commercial sites is accelerating due to the county's proximity to growing urban centers and tourist destinations.

The Pendleton County Farmland Protection program was approved in May 2007 to provide landowners with a voluntary land use option financial compensation, if desired, to protect the county's vibrant and commercially productive agricultural landscape. This program was customized to meet specific needs of Pendleton County. We invite you to learn more. Our Program Guidelines and their Appendix are available for download. To view or print these documents, Adobe Reader is needed. For regular updates about our program, see below.

Contact Information

Farmland Protection Board

PO Box 187

Franklin WV 26807

Telephone: 304-358-7573

Fax: 304-358-2473

email: pcfarmland@yahoo.com

Updates and New Information

No new updates at this time.

AGENDA
October 14, 2009

1. Call to Order
2. Roll Call
3. Agenda
4. Minutes
5. Treasurer's Report
6. Announcements
7. Old Business

1. Appraisal Review

2. Application Committee Report

3. Gas Lease Eligibility Discussion

4. Questions about Conference Report

8. New Business

APPROVED MINUTES FOR
August 20, 2009

Pendleton County Farmland Protection Board

Minutes--June 16, 2009

Present: Estelle Wagner, Charlotte Hoover,

Traci Hickson, Paul Clayton, Carl Hevener

Members of the Public: Doris Brackenridge, JD Heavner II

Estelle Wagner calls the meeting to order.

Presentation by Guest Doris Brackenridge on HazMat Review Requirements

Every conservation easement to receive federal matching funds requires an extremely in-depth review to determine the risk and potential of hazardous materials (HazMat).

Doris Brackenridge, the Pendleton County representative of NRCS, coordinated and participated in the review process of the Heavner property.

She briefed the Board on the nature of the review, sharing a complete copy of the survey to be completed as part of a day-long site visit to the property. This survey not only involves past and current uses of the property, including interviews with previous property owners, but also assesses the land-use of neighboring properties that could affect the land downstream.

Paul asked about the process should hazardous materials be found on the property in question. Doris said, if they find a problem, they can withhold federal dollars until the landowner corrects the problem. Problem areas include: • open sewer lines (point source); • meth labs; • open dumps; • underground tanks

Doris responded that, "Won't kick you out of the program; our purpose is to identify them." The landowner will then be responsible for cleaning up the site. In some cases, such as a training site she visited, a dairy farm had a lagoon. This was not a problem, but NRCS needed to be aware that it was on the property and had to ensure the landowner had an emergency plan in case the lagoon failed.

Given the nature of these questions, Doris recommended to the Board that the HazMat survey be included as part of the farmland easement application packet to inform landowners of the types of questions they may be expected to ask should they receive federal matching funds.

The Board was concerned that this could unnecessarily intimidate potential applicants given that some applications will not necessarily qualify for federal matching funds. To qualify for these funds, a property has to contain 50 percent or more of prime soils.

Two options were discussed and tabled for a discussion and vote at the next meeting. These options were:

1. On the application form, next to the question, Are you aware of any hazardous materials on your property?, add a statement that reads, "Should your property qualify for federal matching funds, which require that 50% of soils be prime soils, an in-depth hazardous materials survey will be required (copies are available upon request).

2. In cases where properties are not qualified for the federal match, the Board will also need a method of reviewing for hazardous materials. As an initial screening process, Doris put forward the option that the Board have a list of potential hazardous materials issues and sites in the county and if the property in question was near these sites, that an in independent professional reviewer could be hired. Even if federal dollars aren't involved, we need to ensure that we don't place a conservation easement on a potential superfund site.

3. Another option that needs to be considered is that the WV State Farmland Authority may be contracted to do the Hazmat review. NRCS and the State Authority are still negotiating this contract. If this were to happen, hazmat reviews will become part of every standard baseline survey for lands qualifying for federal matching funds. This also means that baseline surveyors will be trained and knowledgeable to look for hazardous materials on all properties included in the easement program.

Doris also presented an overview of a new floodplain easement program offered by NRCS which will purchase permanent easements on floodplain properties, but will be more restrictive that conservation easements, not allowing livestock, cropping, or fencing. The land could be used, however, for hunting and recreation.

Agenda

No proposed changes to the Agenda.

Minutes

Paul motions to approve the minutes from the July 13, 2009 meeting. Carl seconds. All approve unanimously.

Treasurer's Report

The total balance as of August 10, 2009 is $181,985.89 The total transfer for July was $4,024.90

Charlotte presented the end of fiscal year accounts and is a statement of how our finances will be published in the paper.

Carl accepts the Treasurer's report. Paul seconds. All approve unanimously.

Announcements.

No announcements

Old Business

Application Committee Report

• The Appraisal came back at $23,000. • JD comments that the Potomac Valley Highlands Appraisal Group did not spend a lot of time with him, did not get out of their vehicles, and did not ask a lot of detailed questions. Whereas, he said, the first appraiser, whose contract had to be cancelled due to a potential conflict of interest, spent considerably more time. • Stelli asked, what is the process for questioning a professional appraisal? If there is a second appraisal, that will have to be at the landowner's cost; if there were two, they would have to go to arbitration. • The Board agreed that everyone needed a copy of the appraisal and a chance to review it to see if we or the landowner had questions • This is a difficult situation. Federal matching dollars have been approved for this property. Our job as a Board is also to guard federal dollars, but this appraisal came in way lower than expected due primarily to the fact that the vast majority of the property is located in the floodplain. But, this is also where the prime soils are located, and the reason that this property qualified for federal matching funds. • Traci motions that Estelle appoint a committee to discuss the appraisal issue and seek advice. Carl seconds. All approve unanimously. The committee plans to meet at the Canaan Valley conference. • Traci asked JD if he would be in favor of a second appraisal and would he be willing to pay for it. He said, yes. • The Committee would need to think through how the arbitration process works and to do some independent research. • Carl motions we table the decision on bids for baseline surveys; Traci seconds. All approve unanimously.

New Business

HazMat Requirements: Covered in Doris Brackenridge's presentation, above. Criteria ranking of new applications The Board received answers to its application questions for J1 and J2.

The Board ranks the two applications. In the process, Paul brings forward a major problem with the ranking under farmland significant soils. Traci concurs. The problem is that a property will 100% prime soils will receive less points that a property with all three types of soils (prime, statewide and locally significant, and other).

Traci motions that in assigning points for soil types that the Board uses NRCS soil percentages and offers points based on the soil percentage for each category. For instance, a property with 50% prime soils will receive 50% of the available points, in this case 15 of 30 points. And they would get points for each category still. Carl seconds. All approve unanimously.

Because applications J1 and J2 have been ranked using this new method, the first application received in this fiscal year, which had already been ranked, was also re-ranked using the same method.

All three applications received for the fiscal year were ranked. The Board decided in light of obligations to the easement that it has already approved that it cannot take further steps to move the next round of applications forward. Estelle will call applicants to inform them that their properties have been ranked, but that our funds are pending commitment to the year one applicant

Co-holding discussion on hold.

Treasure Mt. Festival Display Traci agreed to coordinate the Treasure Mt. Festival display, working with Kim in the Economic Development office. Carl motions to allow Traci $50 for supplies. Paul seconds. All approve unanimously.

The next meeting scheduled for Monday, August 10 at 7:00.

Charlotte motions to adjourn. Paul seconds. All approve unanimously.

Minutes Approved by Unanimous Vote on: ________________ Date ________________________________ ______________________________ Chair, Estelle Wagner Secretary, Traci Hickson