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Protected Lands and Recreation

EN-07 · Matrix · Environmental Resources

Rating
1Resource is present within area, impact unlikely
Why
Present; impact unlikely
Worst case
Up to3Resource is present, likely difficult to address
Evidence
Reported
Cited claims
5
Requirements
0
Requests
3

Rating

1Resource is present within area, impact unlikely

up to3Resource is present, likely difficult to address

The engine shows this rating as 1-3

The rule

Code computed the rating from the assessor's inputs:

present, impact unlikely -> 1

Set by the rule

Decision
Released with flags
The engine's reasons
  • Agencies not in the register or the evidence: Sallow Creek Land Trust
  • Category 1 is reasonable and the hedging is good. But the easement holder, the 2009 date and the Parcel 9 and title-scope details do not appear in any cited quote. Those details need supporting quotes.
Evidence state
Reported · desktop, consultant or developer record

Worst case

If what is pending at the cut-off went badly, the same rule gives a higher rating.

Scenario

Final design needs the Sallow Creek collection line or an access road to cross the easement, requiring a land trust amendment given its bar on roads and utility lines.

Step still pending
Final design and easement review, plus title work on the unreviewed parcels
Inputs in the worst case
Extent peripheral · Avoidable partly · Pathway individual · Impact likely yes
The rule on the worst case
worst case: pathway=individual -> 3
Claims that make it plausible
C-32c26a48fd, C-cda362694d, C-3598318144

Revision

First verdict
weakened
First critique

Category 1 follows the evidence. But the holder name, 2009 date, Parcel 9 location and title-review scope aren't in the cited quotes. Avoidance rests on an unverified developer statement. The byway visibility claim doesn't show absence of other protected lands.

Revised once after the first critique. Rating unchanged.

The five inputs

  • Present: yes

    The title commitment describes a conservation easement over 18.2 acres along Sallow Creek (C-32c26a48fd). The parcel schedule lists an 18.2-acre conservation easement on Parcel 9 (C-3860d7d158). The lease summary attributes it to Sallow Creek Land Trust and a 2009 grant (C-3598318144).

    Cites C-32c26a48fd, C-3860d7d158, C-3598318144

  • Extent: peripheral

    The easement covers 18.2 acres on Parcel 9, one of 14 parcels in a 1,140-acre project. The developer's lease summary states the layout keeps out of it (C-cda362694d), so it lies outside the buildable area on the developer's account. The title commitment's document title covers only Parcels 2, 5 and 9, so easements on other parcels are not addressed.

    Cites C-32c26a48fd, C-3860d7d158, C-cda362694d

  • Avoidable: yes

    The lease summary states the layout keeps out of the easement and the Sallow Creek collection crossing is placed north of it (C-cda362694d). This is a developer statement, not verified against a final layout or the recorded easement text.

    Cites C-cda362694d

  • Pathway: none

    If the easement is avoided as the developer states (C-cda362694d), no consent, amendment or authorization is needed, since the easement bars structures, roads and utility lines (C-3598318144). The easement terms, any buffer or access rights have not been reviewed. No protected-area screen is in the data room, so any other protected land or rule is unaddressed.

    Cites C-cda362694d, C-3598318144

  • Impact likely: no

    Per the developer, arrays, roads and the collection line stay off the easement, which bars structures, roads, utility lines and fill (C-32c26a48fd, C-cda362694d). The area is to remain in natural riparian cover (C-828699d893).

    Cites C-32c26a48fd, C-cda362694d, C-828699d893

Comments

Lease summary reports a 2009 conservation easement held by Sallow Creek Land Trust, 18.2 acres along Sallow Creek on Parcel 9, barring structures, roads and utility lines. Developer states the layout keeps out of it, with the collection crossing north. Easement text not reviewed. No protected-area screen or recreation review is in the data room.

Critique

Verdict
weakened
Suggested direction for the rating
same
Summary

Category 1 is reasonable and the hedging is good. But the easement holder, the 2009 date and the Parcel 9 and title-scope details do not appear in any cited quote. Those details need supporting quotes.

Critic model
Luminol

Issues

  1. Severity major · Kind unsupported_statement

    The easement holder (Sallow Creek Land Trust) and the 2009 grant date are attributed to C-3598318144. Its quote has only the 18.2 acres and the bar on structures, roads and utility lines. Neither the name nor the year appears in any cited quote. The Agencies line and the comments rely on them. Quote the passage that supports them.

    Cites C-3598318144

  2. Severity major · Kind unsupported_statement

    The assessment places the easement on 'Parcel 9' and says the title commitment covers only Parcels 2, 5 and 9. No cited quote shows either. C-3860d7d158 gives '18.2 ac' without a parcel number, and C-32c26a48fd gives no parcel scope. The extent and next-step reasoning about unreviewed parcels rest on this.

    Cites C-3860d7d158, C-32c26a48fd

  3. Severity minor · Kind other

    The inputs follow the evidence. The present, peripheral, avoidable and impact calls are properly hedged as developer statements. The worst case names real pending steps (final design and easement review). No uncited counter-evidence exists.

    Cites C-cda362694d

Checks

  • Passed

    rating_has_evidence · blocking

  • Passed

    presence_is_evidenced · not blocking

  • Passed

    counter_evidence_considered · not blocking

  • Passed

    numbers_grounded · not blocking

  • Failed

    agencies_grounded · not blocking

    Agencies not in the register or the evidence: Sallow Creek Land Trust

  • Passed

    cutoff_respected · blocking

  • Passed

    critic_not_refuted · blocking

  • Failed

    critic_weakened · not blocking

    Category 1 is reasonable and the hedging is good. But the easement holder, the 2009 date and the Parcel 9 and title-scope details do not appear in any cited quote. Those details need supporting quotes.

Evidence (5)

Each claim the row cites: the statement in the assessor's words, then the quote the engine found on the page.

Commitment for Title Insurance No. ATA-23-0418 (Parcels 2, 5 and 9)

C-32c26a48fd · Page 2 of 3 · DR-0006

Open the claim, C-32c26a48fd

A conservation easement to Sallow Creek Land Trust covers 18.2 acres along Sallow Creek on Parcel 9, barring structures, roads, utility lines or fill.

Quote check Exact · Placed verbatim · The quote occurs on the page exactly as written. · Read as native

Commitment No. ATA-23-0418 - Lakemont Title Insurance Company Schedule B, Part II - Exceptions The policy will not insure against loss or damage resulting from the following: 1. Defects, liens, encumbrances or other matters first appearing in the public records after the Commitment Date. 2. Rights or claims of parties in possession not shown by the public records. 3. Any facts an accurate ALTA/NSPS survey would disclose. 4. Oil and gas lease from the predecessors of Varnum Farms LLC and Hallorann Land Company LLC to Brenwick Exploration, LLC, recorded March 8, 2012 in Official Record 118, Page 2045, as affected by the Declaration of Pooled Unit (Strand Utica Unit) recorded July 21, 2014. The lessee may use so much of the surface as is reasonably necessary for wells, pads, roads, pipelines and tanks. Affects Parcels 2 and 5. 5. Pipeline right-of-way and easement to Calder Gathering Company, LLC, recorded September 30, 2014 in Official Record 131, Page 880: a 50-foot permanent easement for natural gas gathering lines, with the right to add lines. Affects Parcel 5. 6. Electric transmission line easement to Sallow Valley Electric Company, recorded 1953 in Deed Book 201, Page 77, now held by its successor: a 100-foot right-of-way for a transmission line, with tree clearing rights. The line is now operated at 138 kV. Affects Parcel 5. 7. Excepting and reserving all coal in and underlying the Land, with the right to mine and remove it by underground methods without liability for injury to the surface or to anything on it, as reserved in the deed recorded in Deed Book 89, Page 214 (1912). Affects Parcel 9. 8. Grant of Conservation Easement to the Sallow Creek Land Trust, recorded June 2, 2009 in Official Record 64, Page 1310, Quote starts. over 18.2 acres along Sallow Creek. No structures, roads, utility lines or fill are permitted in the Quote ends. easement area, which is to remain in natural riparian cover. Affects Parcel 9. 9. Open-end mortgage from the Pettibone Family Land Trust to Carrow Savings Bank, recorded May 15, 2017 in Official Record 98, Page 412, securing $420,000. Affects Parcel 9. 10. Maintenance easement and assessments for the Harrison Township No. 4 county ditch under ORC Chapter 6131, within 25 feet of the top of each bank. Affects Parcel 5 at its southern line. 11. Rights of the public and of Carroll County and Harrison Township in Linnet Road and Fescue Road, and in any part of the Land within their rights-of-way. 12. Taxes and assessments for 2023 and later years, a lien not yet due and payable. Parcels 2, 5 and 9 are enrolled in the current agricultural use value (CAUV) program and are subject to recoupment on conversion to a non-agricultural use. ALTA Commitment for Title Insurance - issued by Ashlar Title Agency, LLC Page 2 of 3

The outline marks where the quote begins on the page.

Page 2 of Commitment for Title Insurance No. ATA-23-0418 (Parcels 2, 5 and 9)
  1. C-32c26a48fd

    A conservation easement to Sallow Creek Land Trust covers 18.2 acres along Sallow Creek on Parcel 9, barring structures, roads, utility lines or fill.

    Quoted from page 2
    over 18.2 acres along Sallow Creek. No structures, roads, utility lines or fill are permitted in the

    Commitment for Title Insurance No. ATA-23-0418 (Parcels 2, 5 and 9) · DR-0006 · Page 2 · 2023-04-18

    Source public_record · Claim type presence · Polarity presence · Confidence high · Quote check exact, 100 of 100

    Filed under EN-07, PE-05

  2. C-3598318144

    A 2009 conservation easement held by Sallow Creek Land Trust covers 18.2 acres on Parcel 9 and bars structures, roads and utility lines.

    Quoted from page 2
    covers 18.2 acres along Sallow Creek and bars structures, roads and utility lines within it.

    Option and Lease Summary - Tamsin Ridge Solar and Storage Project · DR-0004 · Page 2 · 2023-05-30

    Source developer_document · Claim type presence · Polarity presence · Confidence high · Quote check exact, 100 of 100

    Filed under EN-01, EN-07, PE-05

  3. C-3860d7d158

    Parcel 9 is undermined, has coal reserved in 1912, an 18.2-acre conservation easement and a mortgage.

    Quoted from page 1
    Undermined; coal reserved 1912; conservation easement 18.2 ac; mortgage

    Parcel Schedule 2023-07-14 · DR-0005 · Page 1 · 2023-07-14

    Source developer_document · Claim type presence · Polarity presence · Confidence high · Quote check exact, 100 of 100

    Filed under EN-02, EN-07, PE-05

  4. C-828699d893

    The conservation easement area along Sallow Creek on Parcel 9 is to remain in natural riparian cover.

    Quoted from page 2
    which is to remain in natural riparian cover.

    Commitment for Title Insurance No. ATA-23-0418 (Parcels 2, 5 and 9) · DR-0006 · Page 2 · 2023-04-18

    Source public_record · Claim type presence · Polarity presence · Confidence medium · Quote check exact, 100 of 100

    Cited by EC-03 · Filed under AQ-01, EC-03

  5. C-cda362694d

    The layout keeps out of the easement, and the collection crossing of Sallow Creek is placed north of it.

    Quoted from page 2
    The layout keeps out of the easement, and the collection crossing of Sallow Creek is placed north of it.

    Option and Lease Summary - Tamsin Ridge Solar and Storage Project · DR-0004 · Page 2 · 2023-05-30

    Source developer_document · Claim type constraint · Polarity neutral · Confidence medium · Quote check exact, 100 of 100

    Filed under AQ-01, EN-07

Requirements and permits

The requirements the assessor tied to this row, by level. Each quote from dated law is shown with its source.

No requirement is tied to this row.

Information requests

  • IR-cc073e636d · Low priority

    Provide the protected-area database screen or protected lands map (national, state and local layers) for the project area, or confirm none exists.

    Missing evidence
    Protected-area database screen or protected lands map (national, state and local layers)
    Consequence
    Protected Lands and Recreation is rated on partial evidence without it.
    Blocks the decision
    No
    Raised by
    completeness
  • IR-612eae23b5 · Low priority

    Provide the land-management or recreation agency correspondence (park, refuge, forest, trail or scenic river managing body) for the project area, or confirm none exists.

    Missing evidence
    Land-management or recreation agency correspondence (park, refuge, forest, trail or scenic river managing body)
    Consequence
    Protected Lands and Recreation is rated on partial evidence without it.
    Blocks the decision
    No
    Raised by
    completeness
  • IR-d0e0b554ec · Low priority

    Provide the recreation and hunting area review for the project area, or confirm none exists.

    Missing evidence
    Recreation and hunting area review
    Consequence
    Protected Lands and Recreation is rated on partial evidence without it.
    Blocks the decision
    No
    Raised by
    completeness

Next steps

  • Obtain the recorded easement and keep the layout and Sallow Creek crossing outside it; confirm terms with the land trust.
  • Extend title and easement search to the remaining parcels.
  • Run a protected-area and recreation screen with a one-mile buffer.

Agencies

  • Sallow Creek Land Trust

Cost and impact

Impact
None given.
Potential cost level
N/A
Why

No cost exposure while the easement is avoided.

Impact: C = cost, S = schedule. Potential cost level: L, L-M, M, M-H, H (relative to a utility-scale solar budget).

Lumerian Labs 2026