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It's
Time to Hold Developers Responsible for Dumping Mud in Our Creeks.
Residents of Aquia Harbour
have long had
concerns about silt entering Aquia Creek due to development at the
Hills at Aquia construction site.
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In December 2006, the
state's Department of Conservation and Recreation (DCR) found violations and
made
specific recommendations to correct the problems,
including the use of "phased construction," where no more than 25
acres of land at a time would be disturbed.
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The Board of
Supervisors, including the Griffis-Widewater Supervisor, failed to act to
ensure corrections were implemented.
Instead of correcting the problem, the Board spent $50,000 of
taxpayer money for another study of the issue.
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In July
and September 2007, Bob Woodson reminded the
Board that violations had already been found, corrections had already been
recommended, and the contractor's original permit even required them to
follow "phased construction" standards. He asked the Board to act
now to protect Aquia Creek and taxpayers.
Still, the Board refused to take action, instead delaying again by
referring it to their attorney for a legal opinion.
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Throughout this long
delay, the Board has failed to use power it already has to rovoke
conditional use permits or recommend revocation of other permits as a way to
ensure the developers honor commitments they made. While our
"leaders" delay; mud continues to pollute Aquia Creek and
developers escape accountability.
Background
In December of last year, the Department of Conservation and
Recreation found that there were soil and erosion control violations at the
construction site, and made
specific recommendations to correct the problems, including the
“phasing” of construction so that no more than 25 acres of land at a time
would be disturbed. And in January of this year the Tri-County/City Soil and
Water Conservation District wrote
the County asking when those recommendations would be implemented.
Are
our representatives
"asleep at the wheel?"
And yet, there was no action by the
Board to direct staff to enforce the recommendations. Either the
Griffis-Widewater and Aquia Supervisors—who represent the affected
residents--knew about the recommendations, and deliberately chose to ignore
them, or they didn’t know about them and were asleep at the wheel. Instead,
the Board has spent nearly $50,000 on a study that is overdue, incomplete, and
seems to support the developer’s contention that they are not responsible.
Tools
to fix the problem
In this instance there are several tools
the Board could use to correct the problem, but have chosen not to do so. First
and foremost, the Board could direct staff to begin immediate implementation of
phased construction on large construction projects, starting with the Hills of
Aquia. Localities can, right now, require phased construction. All localities
incorporate by reference the Virginia Sediment and Erosion Control handbook.
Stafford incorporates this handbook in Section 11-12a, where it states “The
standards adopted by the county are those criteria, standards and specifications
contained in the Virginia Erosion and Sediment Control Handbook and the Virginia
Erosion and Sediment Control Regulations.” Page 10 of the Handbook notes, “on
large projects, stage project if possible.”
In fact, the developer has already
agreed to follow the standards of the Handbook. In his grading
plan and construction
plan, and as a condition of his permit
from the Army Corps of Engineers, the developer agreed to follow the standards
in the Virginia Sediment and Erosion Control handbook, which include phased
construction.
When this was brought to the attention
of the Board in July, instead of acting on it they referred it to
their attorney for a legal opinion, creating yet another delay while more mud runs into our creeks.
Just as importantly, the Hills of Aquia
project is dependent upon several permits. These include a permit
from the Department of Environmental Quality and a permit from the Army Corps of
Engineers. The Board could ask DEQ and the Corps of Engineers to revoke these
permits.
The Board also has the power to revoke conditional use
permits, and there are two such permits with associated development at Hills of
Aquia, one for a hotel
and one for a fuel
station. The
Board could also amend the conditional use permits to require the developer to
honor the commitments
made when plans for the property were approved.
For
More Information
Aquia
Harbour Property Owners Association
Related
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