Crow's Nest developer is issued stop-work order for soil evaluations, but company attorney says the work is part of what is required by new drain-field ordinance

By MEGHANN COTTER

Date published: 9/14/2006

A McLean company with plans to develop Crow's Nest has been issued a stop-work order for the soil tests it has been conducting on the peninsula.

The company, Stafford Lakes Limited Partnership, hired a Warrenton-based drain-field engineer to complete the work, said Stafford County spokeswoman Cathy Riddle.

That firm has widened roadways into the site, which is east of Raven Road, for equipment access, she said. But they didn't submit plans, get a permit or pay the required fees before disturbing more than 2,500 square feet of land.

Code Administration Department officials have asked workers to halt operations and restore the damaged area with mulch, seed and fertilizer.

But Clark Leming, attorney for Stafford Lakes Limited Partnership, says his client was just complying with Stafford's new drain-field ordinance. It requires that the preliminary subdivision plan include proof that each lot's soils perk.

"As far as we are concerned, [soil evaluations] are not classified under the county ordinance as land-disturbing activities, and they do not require a permit," he said. "We have received what is titled an inspection report-correction notice, and we are reviewing it and discussing what it is the county has attempted to do with the county attorney and hope to have it clarified shortly."

Stafford officials made their determination after receiving a Monday morning complaint from Cecelia Kirkman, a founder of the Save Crow's Nest preservation group. Kirkman said residents who live near the property heard and saw the equipment moving onto the site.

"These regulations are in place to protect the public, and these are the rules that everyone has to follow," she said. "The Crow's Nest owners are not above the law. They have to follow the same rules, too."

Riddle said inspectors investigated the situation by noon Monday. The stop-work order and correction notice were issued yesterday.

Stafford Lakes has plans to put 688 homes on the 3,230 acres of Crow's Nest. The Planning Commission unanimously denied the firm's preliminary subdivision plan in January, saying it did not meet county code. But Stafford Lakes has appealed that decision to the Circuit Court, claiming the county's decision resulted from unusual--and incorrect--interpretations of the subdivision ordinance. A hearing is scheduled for Sept. 25.

Stafford supervisors have since asked the company to sell 2,887 acres of the property to the county for $33.2 million. Leming has said previously that his client believes the land, which sits between the Potomac and Accokeek creeks, is worth $60 million.

County officials want to preserve the environmentally sensitive land as a state park. They plan to pursue condemnation of the land if Stafford Lakes doesn't agree to sell.

But the county's offer does not include Crow's Nest Harbour and other land closest to the Northern Virginia Conservation Trust's great blue heron rookery.

Activists say Stafford Lakes' recent work on the peninsula should demonstrate the urgency of preserving the the entire tract.

"Until the county purchases the entire peninsula, it's all open for development," Kirkman said.

To reach MEGHANN COTTER: 540/374-5434
Email: mcotter@freelancestar.com

Date published: 9/14/2006