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Stafford development draws state penalty

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A Manassas-based development partnership is facing state enforcement action for disturbing wetlands and waters in Stafford County.

That’s according to a consent decree signed by the partnership, R. Income Properties LLC and the Virginia Department of Environmental Quality. A consent decree is a voluntary, negotiated settlement between the state agency and a responsible party.

According to the proposed order, R. Income Properties received a DEQ permit to construct building pads, access roads, utilities and stormwater management improvements at I–95 Industrial Park at the end of Wyche Road off Courthouse Road.

The permit authorized limited impacts on wetlands and an unnamed tributary of Accokeek Creek on the property owed by the company.

But an inspection in February 2011 found that the construction work “had significantly altered” 126 feet of the stream and three-tenths of an acre of forested wetlands, according to the consent order.

In addition, it said R. Income Properties had failed to mark surface waters that were to remain undisturbed.

DEQ issued a notice of violation in March 2011 after a consultant working for the partnership proposed mitigation and corrective measures.

Those were evaluated and approved by DEQ last month.

A $34,900 fine was proposed, but, according to the order, the partnership was deemed unable to pay.

Still, the company must submit proof of its corrective work on the site. Within 30 days of final approval of the consent order, it must purchase 17 stream compensation credits to offset its alteration of the site, and 0.16 acres of wetland mitigation credits.

The State Water Control Board will make a final decision on the order.

DEQ’s Northern Regional Office will accept public comment on the proposed order through June 6. Comments can be sent by email to: daniel.burstein@deq.virginia.gov.

Read the order: deq.virginia.gov/Programs/Enforcement/PublicNotices.aspx

Rusty Dennen: 540/374-5431

rdennen@freelancestar.com

 

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