Virginia Marine Resources Commission recently fined Developer MLG Properties $100,000 and ordered remediation measures for dredging and filling in two unnamed tributaries of Underhill Creek, near Onancock. The Developer, owner also of Corbin Hall, Ocean View and Olde Mill Pointe, all in Accomack County, is the owner of a ten lot project on 33 acres named Port Scarburgh on Underhill Creek, across Pungoteague Creek from Harborton.

VMRC commenced an investigation shortly after a citizen complaint was made in late May or early June. Accomack County officials were notified but took no action, according to the audio tape (see below), because of a question about jurisdiction.

The area affected was approximately 20 feet wide by 600 feet long in each creek and involved an estimated 72,000 cubic feet of material. The channels were marked by pipes, evident in the accompanying aerial photographs.

The Developer’s Agents, Willie Davis of Horntown, manager of Shoreline Investments and Newman Scott of Onancock a boat owner and employee of Shoreline Investments, pled No Contest to a criminal charge of dredging and filling on property of the Commonwealth. They were found guilty and fined $250 each plus court costs. Shoreline Investments is a front operation for MLG Properties of Wisconsin.

VMRC, in a separate civil action, fined MLG $100,000 for what it called a deliberate act of prop dredging and cast filling without a permit. VMRC’s local representative, Hank Badger, presented the case while well-known local attorney Jon Poulson represented the defendants. Poulson attempted to discredit VMRC’s factual content by claiming that Scott was simply driving his boat to and from his dock, just like everybody on the Shore does.

Poulson, who lives on Pungoteague Creek, went on to say that “this is the way, this is Eastern Shore, I guess, this is what any of us who have a boat, any of us who live on a river, or a creek or whatever, kinda recognize that it is OK to do that. That you can take a boat and as long as you don’t have a dredge…as long as you are just running across, that it is OK to do that.” He did not address the issue of the propriety of an employee of a Wisconsin Corporation acting on behalf of the Developer running an inboard, flat bottom, wide work boat up and down a course, marked as a channel by pvc pipes placed in the creek bottoms, three or four times a day for two weeks or the economic consequence to lot values of making a 2-3’ deep channel in front of them where before the depth was 6”.

Commissioner Robbins was having none of Poulson’s questionable logic and pointed out that the facts demonstrate a wilfull disregard for the permitting process. Robbins said that for Poulson to claim that this was just some guy trying to get to his dock was not plausible when the dock and property were owned by an out of state Corporation and Scott was their employee.

Commissioner Ed Tankard observed that it was ironic that a boat from Tangier, used by people who respected the water and had been watermen all their lives, was used to attempt to destroy marine resources. Tankard sought a $200,000 penalty ($100,000 for each creek). Robbins pointed out that any fine was “just a cost of doing business” for the developer.

Poulson indicated he would have to discuss the fine and remediation with his clients before he could agree. The Commission said that if MLG did not agree, VMRC would turn the matter over to the Attorney General for full prosecution. What, if any, action the County will take with respect to oversight on this Developer’s other projects or this project is unclear but a violation of this nature should have farther reaching repercussions.

(Ed. Note: The full audio of the hearing is available at www.mrc.virginia.gov/Commission_Audio/2007/12/1207_06.mp3).