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EXCLUSIVE REPORT

Craig Buries Protected “Montclair Stream” – In spite of a public hearing that specifically determined the “Montclair stream” was protected by an Albemarle County ordinance, the landowner went ahead and buried it and evidently plans to put a large parking lot in its place. See image below – the dotted blue line indicates where the stream used to be.

Here’s what happened.

In November 2023, Samuel D. Craig III, the Managing Partner of the entity that owns the underlying property, requested a permit from Virginia’s Department of Environmental Quality (DEQ) to “fill” approximately 550 linear feet of the intermittent stream located at the front of the Western Ridge neighborhood in Crozet. The DEQ ultimately granted him that permit in August 2024.

As witnessed by Eric Schmitz (co-publisher of Crozet United) and White Hall Supervisor Ann Mallek just a few days ago, the stream is now buried inside a 6” diameter pipe underneath rip rap and fill dirt. See the images below for a comparison of the stream in 2022 to the grassy area found in the same spot today.

As of press time, it appears that Virginia’s DEQ failed to notify or consult local Albemarle County authorities regarding the request for a permit to bury the stream.

If they had, DEQ would have likely discovered what appear to be material errors and omissions in Mr. Craig’s permit application and in related correspondence with his authorized agent, Shimp Engineering.

For example, Craig’s original permit application to DEQ classified 488 linear feet of the stream as “ephemeral”.  However, nine months prior, Albemarle County confirmed that the stream was “intermittent” at a public hearing in response to an appeal filed by Mr. Craig himself.  In general, ephemeral streams aren’t protected as much as intermittent ones.

Mr. Craig’s permit application also included a favorable stream determination study performed by his company’s own consultant but failed to include a subsequent one that was unfavorable to his interests performed by a consultant hired by Albemarle County.

Mr. Craig’s permit application also failed to disclose that he had buried an additional 250 linear feet of the same stream on the same parcel of land in 2021. In total, Mr. Craig has incrementally buried 800 linear feet of the stream over the last four years.

Supervisor Mallek, a long-time champion for water quality and environmental protection, expressed concern that DEQ did not consult Albemarle County before they granted Mr. Craig a permit to fill in the stream. “I am engaging with leadership of DEQ on the agency processes,” said Mallek.

But there is more to this story.

Based on email correspondence with Virginia’s DEQ, the state permit granted to Mr. Craig did not supersede or override Albemarle County’s existing local water protection ordinance. Regardless of the DEQ permit, Albemarle’s local ordinance still applies to “intermittent streams” in Crozet and protects them with 100’ riparian buffers.

There are several enforcement provisions contained in Albemarle County’s local water protection ordinance, including the ability to issue a “stop work order” and potential civil penalties of up to $32,500 per day of violation. 

In addition, Craig’s apparent violations of the County’s water protection ordinance may constitute a breach of the conditions of the rezoning that the County Board of Supervisors approved for the Montclair development in early 2024.

As of press time, and aside from internal meetings, the County has not taken (or publicly disclosed any steps it will take) to enforce its own water protection ordinance.

In the meantime, the County has already removed the stream from maps included in its the current draft of AC44 (the County’s proposed amendment its 20-year comprehensive plan) even though the stream is still documented by the County’s current GIS system and its own legal records.

Crozet United will continue reporting developments in this emerging story.