Governments at a stalemate
over
Moores Creek property
 |
Use of the Moore's Creek property will remain uncertain for the near future. (Courtesy of US Geological Survey) |
Lexington appears stalled, at least temporarily, in its decade-long effort to sell a 2,200- acre undeveloped property that includes both a reservoir and an aging dam.
The city has been negotiating with the Virginia Department of Forestry, which expressed an interest in the Moore’s Creek land, located 14 miles west of Lexington. The department of forestry is unwilling to take responsibility for the dam and reservoir. But an engineering firm appears interested in earning environmental credits by taking over the demolition of the dam, which would clear the way for the sale.
In a related development, meanwhile, Rockbridge County has challenged the city’s right to have the dam removed, and issues surrounding a right-of-way have further clouded prospects for a sale.
City Manager Jon Ellestad said the state is reluctant to take on the liability that is associated with owning the dam. The concern is that, without costly upkeep, the dam is liable to breach, causing extensive damage to the properties below. It is for the same reason that the city is opposed to keeping the dam.
“Everyone would prefer not to deal with that dam,” said Mayor Mimi Elrod.
But Angler Environmental, a Virginia-based engineering firm that specializes in environmental projects, has expressed an interest in taking the dam down and restoring the area to its natural state. The firm would complete the job at no cost to the city and instead work in exchange for environmental credits that it could later sell.
When a corporation pays for or undertakes a conservation project in exchange for environmental credits, the credits may be sold to another company that might be seeking the credits to offset the negative environmental impact of its own project.
A local environmental group, the Rockbridge Area Conservation Council, supports the possible removal of the dam.
“We’re sad for the lake to go, but we understand there’s no one to pay for it,” said Daphne Raz, chair of the council’s Moore’s Creek Watershed Committee. “But having an undisturbed stream, that’s a good thing too.”
City Attorney Larry Mann said that in 1986 the city and county entered into a series of joint services contracts agreements. One of those agreements was that the city would maintain the reservoir as a backup water supply.
Mann said that there is no end-date in the agreement indicating how long the city needs to maintain the reservoir and that the usefulness of the site now as a backup water supply is questionable.
County Attorney Vickie Huffman said that because no end-date is mentioned, the agreement was not meant to end. Huffman said the county’s position is supported by the presence of specific expiration dates in all other agreements made during that time.
Mann said that the county and the city have submitted the dispute to Rockbridge County Circuit Court, but that a hearing date has not been set.
While issues surrounding the dam are being resolved, the city is considering selling the rest of the property, but it has been unable to secure a right-of way that would satisfy the forestry department’s requirements.
The right-of-way currently used by the city for maintenance of the dam goes through privately owned land, and landowner Samuel M. Page has refused to grant public access to the Moore’s Creek property through his own property.
“I don’t want a public road through my property,” said Page. “But as long as they keep a gate, I’m satisfied.” The forestry department would require a 30-foot-wide right-of-way.
To that end, the city has authorized the purchase of a $2,500, 45-day option on a 172-acre piece of land that borders the Moore’s Creek property. The land, which would cost $4,000 per acre, connects to Moore’s Creek Road and closely parallels the existing access road. Mann said that there is already an unimproved roadbed in place on the property.
But after purchasing the option, the city learned that the Virginia Outdoor Foundation holds an easement on the property that would prevent the city from upgrading the existing roadbed to meet forestry department standards.
Mann was planning to meet with the foundation in Richmond today to discuss whether it is willing to modify the existing easement.
Produced by
Washington and Lee
journalism students.
Lead Supervisors:
Prof. Brian
Richardson
Prof. Indira Somani
Editing supervisor:
Prof. Lisa Tracy
Technical supervisor: Michael Todd