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Madison County OKs perpetual open-space maintenance agreement to avoid $88,000 nutrient fee
Summary
The Board of Supervisors approved entering a perpetual forest/open-space maintenance agreement with the Virginia Department of Environmental Quality for part of the Hoover Ridge Outdoor Recreation Center to satisfy nutrient-offset requirements and avoid paying about $88,000 for nutrient credits.
The Madison County Board of Supervisors authorized the county administrator to enter into a forest/open-space maintenance agreement with the Virginia Department of Environmental Quality (DEQ) covering a portion of the Hoover Ridge Outdoor Recreation Center property, saving the county roughly $88,000 that would otherwise pay for nutrient credits.
The agreement designates part of the Hoover Ridge site around Little Dark Run as perpetual open space to offset phosphorus and nitrogen loadings identified in DEQ site-plan review. Mr. Weekley, who presented the item as county staff, said the open-space option avoids an approximately $88,000 payment to the nutrient exchange and allows “passive use” such as unpaved nature trails and a footbridge but prohibits paved or nonpermeable trails.
The item reached the board following DEQ review and revisions to DEQ’s standard easement language. Hanny, the county attorney, said DEQ agreed to amend boilerplate language to remove an indemnification requirement and to recognize the county’s status as a locality, which resulted in language more suitable for public ownership and management.
The agreement requires the deed of easement be recorded at the Madison County Courthouse once signed. County staff told the board the designated area already contains an artesian well, a wetland and Little Dark Run, and that the county’s planned project work falls outside the easement area.
A public hearing was opened and closed with no speakers. After discussion, a board member moved to authorize the county administrator to execute the DEQ forest/open-space maintenance agreement and file it at the courthouse, with signatures to include the board chairman. The motion was seconded, and the board approved it by voice vote.
“And saved $88,000,” Mr. Weekley said when describing the financial impact of choosing the open-space easement over purchasing nutrient credits.
Staff said the deed would be recorded immediately after signatures and notarization and that DEQ would retain inspection rights to confirm ongoing maintenance consistent with the easement’s passive-use restrictions.
The board did not amend the project plans; staff said the easement area was outside the planned development footprint. The county attorney and staff will finalize form documents and execute the recorded agreement as required by DEQ.
