State: Project fouled streams

Development company faces fine for illegal land clearing in Westmoreland

Date published: 6/3/2008

By RUSTY DENNEN

A developer is facing a fine of nearly $50,000 for land clearing for some Westmoreland County ball fields near Montross that destroyed wetlands and fouled streams.

Ellis Land, LLC signed a proposed consent order in May with the Virginia Department of Environmental Quality, admitting the allegations and agreeing to a remediation plan. A consent order is a negotiated settlement.

According to the order, Ellis Land owns 75 acres across from Westmoreland State Park on State Route 3. The property is being cleared to become the Westmoreland County Athletic Complex.

It was proffered to the county by Maryland developer Richard E. Ward II, who wants to build a large residential project, Northern Neck on Gouldman's Pond outside Colonial Beach. Ward is listed as managing member of Ellis Land.

Ellis Land began grading the Route 3 property in April 2007. By November, DEQ received reports that the work had affected nearby streams and wetlands.

An inspection revealed sedimentation along almost 800 feet of unnamed streams in an area locally known as Big Swamp.

"Stream sediment averaged 18 inches in depth and ranged up to 30 inches deep in some locations," the order said.

DEQ issued a notice of violation in December 2007, and on a follow-up inspection found that more stream areas and wetlands filled with sediment because of erosion on the site.

A second notice of violation was issued in January.

The company submitted a plan to remove the sediment from the stream channel and the plan was approved by DEQ.

If the order is approved by the State Water Control Board next month, Ellis Land will have to pay a fine totaling $49,802 in five installments between September and January 2009.

Ellis Land was ordered to submit a stream and wetland restoration plan and a monitoring plan.

Rusty Dennen: 540/374-5431
Email: rdennen@freelancestar.com

WANT TO COMMENT ON ORDER? The Virginia Department of Environmental Quality will receive public comment on the proposed consent order with Ellis Land, LLC, from tomorrow through July 9. By e-mail, contact Allison Dunaway, enforcement manager, DEQ Piedmont Office, acdunaway@deq.virginia.gov.

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Date published: 6/3/2008