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Pond project stop ordered
Corps of Engineers cites Culpeper landowner, says pond's construction on Brandy Station battlefield violates federal Clean Water Act.

 From an adjoining tract, historian Clark B. Hall took this photo of Tony Troilo's project on Flat Run.
CLARK B. HALL
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Date published: 5/17/2011

By CLINT SCHEMMER

A federal agency has ordered a Culpeper County man to stop building a pond on his property that has dammed a creek and affected part of the Brandy Station battlefield.

The U.S. Army Corps of Engineers, via a letter sent Friday, instructed Tony Troilo to "cease and desist" bulldozing along Flat Run, a perennial tributary of Mountain Run, which feeds the Rappahannock River.

Nicholas L. Konchuba, chief of the corps' Northern Virginia Regulatory Section, advised Troilo that the earth-moving on his 60 acres off State Route 685 near Brandy Station directly violates the federal Clean Water Act.

Putting fill in Flat Run requires a permit from the Department of the Army, Konchuba wrote. Troilo didn't notify the Corps of Engineers of his work to build the private pond, he wrote.

Troilo has 15 days from his receipt of the letter to answer, in writing, the corps' questions about his project, Konchuba wrote.

Hal Wiggins, an environmental scientist in the corps' Fredericksburg field office, said in a phone interview yesterday that the project built an earthen dam across Flat Run, disturbing and filling about 600 linear feet of the stream.

Wiggins visited the site Wednesday and met with Troilo, he said.

In phone conversations with Wiggins yesterday, Troilo said that he would restore the creek.

"It looks like Mr. Troilo wants to work with us to remove the fill material in Flat Run, including the pond," Wiggins said.

A letter Troilo sent yesterday to Konchuba states that "we have already stopped all land disturbances and work in Flat Run."

The landowner acknowledges that the work was "unauthorized" and says he will draft a plan, working with Wiggins, to restore the site.

"I must apologize," Troilo wrote. "[H]ad I known this was in violation, I would have never proceeded on this project."

In his letter, Konchuba said the Virginia Department of Historic Resources told the corps that the work occurred within the Brandy Station Battlefield Historic District. Projects involving federal waters that affect properties on, or eligible for, the National Register of Historic Places require further scrutiny, he wrote.


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