Virginia True Corporation, the developer of the proposed 1,000-acre resort in Richmond County, Va., received the violation notice stemming from illegal tree clearing on more than 13 acres. A lead attorney and spokesman for the developer has also left the company “due to irreconcilable differences…and other ethical considerations.”
The developer of the proposed Fones Cliffs Resort & Spa along the Rappahannock River in Richmond County, Va., land that includes a major bald eagle gathering area, has received a second violation notice from state regulators stemming from illegal tree clearing on more than 13 acres, the Richmond (Va.) Times-Dispatch reported.
Virginia True, which proposes to build a 1,000-acre resort and housing development, received the violation notice from the state Department of Environmental Quality (DEQ) on April 4. The notice follows a stop-work order that was issued by Richmond County officials in December and an earlier DEQ violation notice in February, both of which came after 13.5 acres of trees were cleared without approved stormwater and erosion and sediment control plans, the Times-Dispatch reported.
C&RB reported on the county OKing plans for the project in November 2015.
Inspections last month revealed that areas that were clear-cut months ago remain vulnerable to stormwater and erosion runoff because of inadequate application of seed and straw to the bare earth that DEQ deemed “ineffective for stabilization.”
The agency also said silt fences and other controls intended to trap sediment were “insufficient to prevent sediment-laden stormwater runoff from exiting the disturbed areas” and that the fences were not properly installed and maintained, the Times-Dispatch reported.
“Virginia True Corporation has been asked to enter into a consent order with the department to formalize a plan and schedule of corrective action, and to settle any outstanding issues regarding this matter, including the assessment of civil charges,” said Ann Regn, a spokeswoman for the agency. “The details regarding penalties and corrective action are confidential during this stage.”
Robert Coleman Smith, who had been the lead attorney and spokesman for the project for several years, including shepherding it through a crucial zoning approval it won in 2015 that allowed the development to proceed, says he is no longer representing Virginia True.
“Due to irreconcilable differences with the managing officers of Virginia True and other ethical considerations, I resigned my position as counsel earlier this year,” Smith said in a statement.
But the project is still on track, said Howard Kleinhendler, a New York attorney and executive vice president of Virginia True. Kleinhendler said the project is now represented locally by Sen. Richard Stuart, R-Stafford, also a lawyer. “We had some hiccups with the clearing. It was just a mistake,” Kleinhendler said. “There was no ill intent involved.”
Bids are going out for a contractor for more long-term stabilization work, he said, blaming cold weather for a lack of grass growth at the site. “We’re taking every step necessary to get it there,” Kleinhendler said. “We’re well on our way to putting this back on track.”
The county approved the erosion and sediment control plans this week and is waiting for “housekeeping items,” such as bonding information and details on who will be the “responsible land disturber,” the construction supervisor responsible for ensuring work is done according to approved plans, Quicke said.
The golf course piece of the project does not need a zoning approval, but the next phase up for approval does. That phase includes the hotel or lodge, which will take up about 44 acres on the site. The county will not move forward on any plan reviews until the site is stabilized, the Times-Dispatch reported.
“Until we get this 13 acres back into compliance, we haven’t even been considering final zoning,” Quicke said. “Virginia True has to get back on that if they want to continue this project.”
Conservation groups have long fought the project and have said the tree clearing and subsequent inattention to the site could destabilize the cliffs, 4 miles of white bluffs made of diatomaceous soil that rise more than 100 feet above the Rappahannock River between Port Royal and Tappahannock. Diatomaceous soil, typically soft and crumbly, is formed from the fossilized remains of tiny aquatic organisms, the Times-Dispatch reported.
The cliffs play host to huge concentrations of bald eagles from up and down the East Coast and were the scene of a notable skirmish between early English explorer Captain John Smith and members of the Rappahannock tribe, the Times-Dispatch reported.
“The developer’s failure to take required protective measures during construction activities would be dismaying anywhere,” said Rebecca Tomazin, the Chesapeake Bay Foundation’s Virginia director. “But at Fones Cliffs, a site of immense environmental and historical significance, the developer’s continuing errors are outrageous.”
Tomazin said the project “has gotten off to a terrible start.”
“Fortunately, DEQ is taking enforcement action. We urge DEQ to impose stiff penalties that will deter future violations at Fones Cliffs,” she said.
Tell Us What You Think!
You must be logged in to post a comment.