Albemarle conservation authority conditions Dominion easement at Clifton Lake

The Albemarle Conservation Easement Authority voted unanimously to find that a proposed 15-foot-wide underground utility easement from Dominion for parcel 7923 near Clifton Lake does not conflict with the property’s conservation easement, provided the recorded instrument limits the easement corridor to serving only the subject property. Director Lynville moved the finding and a majority approved the motion.

Staff presented the request and recommended approval, saying the deed permits utilities but also prohibits structures or earth-disturbing activity on critical slopes (defined in the deed as slopes of 25% or greater). Staff told the authority that the proposed easement intersects an area marked as critical slopes on aerials but that concern is reduced because the mapped slopes appear to be an artificial contour associated with road construction and the proposed work will be subsurface directional drilling. "It's staff's opinion that this is not an issue in this case for a few reasons," the staff member said, citing the artificial nature of the slopes, the subsurface method, and the use of an existing clearing.

Directors pressed whether the easement could ever be used to serve other parcels or be expanded into a transmission corridor. Members said existing easements beyond the subject parcel would be required for any extension and urged explicit limiting language in the recorded right-of-way. Several members preferred that the authority’s approval be conditioned not only on a finding of nonconflict but on the recording instrument explicitly stating the corridor "can only serve this property." James, a staff member, said staff would include an Exhibit A reference in the instrument and convey the required language to Dominion and the landowners.

Director Lynville made the motion that the authority find the proposed underground utility easement is not in conflict with the conservation easement, provided the instrument recording the right-of-way requires the easement corridor to serve only the subject property. The motion was seconded (the second is not specified in the transcript) and passed unanimously by the six members present.

The authority directed staff to record the agreed language in the right-of-way instrument and to include the same language in a letter to Dominion. Staff will confirm that the recorded document includes the exclusivity limitation and a clear exhibit identifying the conserved land and applicable deed references.

The decision does not authorize construction or physically alter the conservation easement; it records the authority’s finding provided the stated condition is met and staff is to secure the specific language in the right-of-way instrument.