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A national environmental group has entered the discussion over the fate of Crow's Nest Date published: 7/9/2004 By RUTH FINCH Residential development on Crow's Nest would violate several state and federal environmental laws, a national wildlife watchdog group is warning. Defenders of Wildlife sent certified letters threatening legal action last month to the Stafford County Board of Supervisors, the owner of the 3,800-acre tract between Accokeek and Potomac creeks, and Toll Brothers, the developer that has a contract to buy the parcel. The letter states that two species covered by the Endangered Species Act--the bald eagle and the shortnose sturgeon--have been found at Crow's Nest. Because of that, the developer is required to file a detailed habitat conservation plan with the U.S. Fish and Wildlife Service, the letter says. The letter also says that 138 bird species managed under the Migratory Bird Species Act have been documented at Crow's Nest and could be harmed if the peninsula is developed. And it warns that residential development there also could violate the federal Clean Water Act, the National Historic Preservation Act and the state's Chesapeake Bay Preservation Act. "Development of the peninsula could subject [owner] K&M properties, Toll Brothers Inc., and the Stafford County Board of Supervisors to enforcement action from the Fish and Wildlife Service and a citizen suit from Defenders of Wildlife," wrote Aimee DeLach, a senior program associate with the nonprofit group in Washington. The June 18 letter was sent to Toll Brothers and to Stafford Lakes Limited Partnership, of which K&M Properties of McLean is a part. The letter also went out to the Stafford board and to eight federal and state environmental agencies. DeLach said Wednesday that she became familiar with Crow's Nest in 1998, when she and her husband volunteered to do a Christmastime bird census on the peninsula for the National Audubon Society. She also researched the peninsula's bird population for the Virginia Department of Conservation and Recreation, which had planned to buy Crow's Nest for a nature preserve. That sale fell through late last year. Save Crow's Nest, a local grass-roots organization dedicated to keeping development off the peninsula, said it welcomes help from Defenders of Wildlife.
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