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SELC & PEC Joint Letter To Orange County Planning Commission
SELC & PEC Joint Letter To Orange County Planning Commission
Re: REZ 22-03 Wilderness Crossing and contamination from gold mines
As you continue to hold work sessions on the rezoning proposal for the Wilderness
Crossing development, we write to highlight concerns about contamination associated with the
abandoned gold mining sites on the property and to recommend important clarifications of
related provisions in the proposed voluntary proffer agreement. The Southern Environmental
Law Center is a non-partisan, non-profit organization that works throughout the Commonwealth
to promote land use and transportation decisions that strengthen our communities, protect our
environment, and improve our quality of life. The Piedmont Environmental Council is a non-
profit organization operating in a nine-county region, inclusive of Orange County, with a 50-year
history of promoting and protecting the rural economy, history, and beauty of Virginia’s
Piedmont.
We appreciate the significant time you and County staff have put into this proposal, as
well as the revised proffer language the applicant has offered that appears to be intended to
address some of the concerns you have raised during previous work sessions. We believe the
intent of all parties involved is to ensure that any mine-related contamination on this property is
appropriately remediated in order to protect the health of Orange County’s residents, the future
residents of Wilderness Crossing, and the environment. The currently proposed proffer language,
however, does not adequately reflect that intent or promote those outcomes, and we write to
provide targeted recommendations to clarify responsibilities and help ensure successful
remediation of the property (see Attachment A).
As you are aware, the Wilderness Crossing property is home to a number of abandoned
gold mining sites. Recent assessment of these sites has been limited, but we do know that the
Vaucluse mine is the largest and most well-documented abandoned mine on the property. A
1988 inspection by the Department of Mines, Minerals, and Energy (DMME, now called
Virginia Energy) found that the Vaucluse mine presented an “extreme” environmental hazard
due to mercury contamination in the stream sediments and likely groundwater contamination,1
and recommended that the site be investigated for inclusion in the federal Superfund program.2
1
Va. Dep’t of Mines, Mins. & Energy (DMME), Div. of Min. Mining, Orphaned Mined Land Site Investigation
Report: Vaucluse Mine – Grimes Mine, Grymes Mine (Aug. 1. 1988) (Attachment B).
2
Va. Energy, Abandoned Mineral Mine Lands: Vaucluse Mine (last updated June 6, 2019) (Attachment C).
In 1990, the State Water Control Board noted its concern about elevated mercury levels in stream
sediment and fish tissue samples from the site, and that any site disturbance “would render more
mercury more available to the aquatic ecosystem.”3 Other mines on the property include the
Wilderness mine,4 the Greenwood mine,5 the Woodville mine,6 and the Melville mine,7 and
potential groundwater contamination and/or mercury contamination are also of concern at these
sites. Furthermore, a 9.81-mile portion of the Rapidan River, including the stretch of the river
adjacent to the Wilderness Crossing property, has been listed as “impaired” since 2010 under
Section 303(d) of the Clean Water Act due to mercury found in fish tissue.8
These records indicate that there may well be ongoing mine-related contamination on
and/or flowing from the Wilderness Crossing property today. Orange County officials are
understandably concerned about the impacts of this contamination on County residents and the
environment, especially since development activities on the property have the potential to disturb
contaminated areas and bring more residents in closer contact with mine sites and any
underground workings. It is therefore imperative that any contamination be appropriately
remediated to protect the health of Orange County’s current and future residents, and the
environment.
At the outset, one of the most important changes that should be made is to the ensure the
entire Wilderness Crossing property—not just the undefined “Project site” referred to in the
current proffer language—is assessed for mine contamination, since mining activities in this area
were so widespread and mine-related contamination, such as acid mine drainage or groundwater
contamination, may have spread. Additionally, portions of the property that may not be part of
the “Project site” might still be accessed inadvertently by future Wilderness Crossing residents,
even if they are not directly part of the developed areas of the property. A holistic survey of
mine-related contamination on the entire property will allow for a comprehensive site
characterization and risk assessment to better inform and prioritize remediation efforts and
development design.
It will also be extremely important that all remediation actions be seen through to
completion. The current proffer language reflects only a statement of the applicant’s intent to
begin to participate in the Voluntary Remediation Program and/or other equivalent regulatory
oversight and grant programs (the applicant “agrees to enter into”), not a commitment to remain
3
Letter from Ronald A. Gregory, State Water Control Bd., to William Roller, DMME (Mar. 20, 1990)
(Attachment D).
4
A 1988 DMME report noted the potential for groundwater contamination at this site due to open shafts, but the
overall environmental risk was determined to be minimal. Va. Energy, Abandoned Mineral Mine Lands: Wilderness
Mine (last updated July 26, 2021) (Attachment E).
5
A 2011 DMME report found a high potential for mercury contamination at the Greenwood mine. Va. Energy,
Abandoned Mineral Mine Lands: Greenwood Mine (last updated July 26, 2021) (Attachment F).
6
A 2010 DMME report found the potential for groundwater contamination at this site to be moderate. Va. Energy,
Abandoned Mineral Mine Lands: Woodville Mine (last updated July 26, 2021) (Attachment G).
7
Although the Melville Mine is relatively well-documented in older official documents and one of the more
important mines in the area, see e.g., Palmer C. Sweet, Gold Mines and Prospects in Virginia, 17 Virginia Minerals
25, 29-30 (1971), https://energy.virginia.gov/commercedocs/VAMIN_VOL17_NO03.PDF, it is not included in
Virginia Energy’s current Mineral Mining map, nor does it have an Abandoned Mineral Mine Lands report.
8
Va. Dep’t of Envt’l Quality, Water Quality Integrated Assessment Integrated Report: Appendix 1a – 2022
Impaired Waters – 303(d) List Category 5 – Waters Needing Total Maximum Daily Load Study (Fall 2022),
https://www.deq.virginia.gov/home/showpublisheddocument/15440/638104332989370000.
2
in those programs through final remediation. Various language changes would help make clear
that the applicant agrees to complete all appropriate remediation activities on the property—for
example, either by agreeing to “utilize” the Voluntary Remediation Program (VRP) and/or other
equivalent regulatory oversight and grant programs approved by the County, or by tying
assessment and remediation activities to participation in the VRP or other equivalent programs.
There are also drafting ambiguities or inconsistencies in the proposed proffer language
that could create confusion. For example, the current proffer language refers to an “aforesaid
evaluation” at one point, but that term is not used elsewhere in the provision. Using more
specific terms like “site characterization,” “risk assessment,” and “remedial action plan” in the
proffer language, and defining those terms, would better clarify responsibilities under the
agreement. As currently drafted, the proffer requires an “assessment” of the property. Because
that term is vague, the requirement would be much clearer if “assessment” was changed to
“comprehensive site characterization and risk assessment.” Similarly, the current proffer
language mentions a “management and mitigation plan.” This term should be replaced with the
more specific “remedial action plan,” and the proffer language should make clear that any such
remedial action plan should seek to achieve all remediation level objectives and recommended
remediation actions identified in the risk assessment to ensure appropriate remediation of the
property.
Finally, we believe the proffer would better ensure that remediation will be completed in
a timely manner if it includes a timeframe for the completion of remediation activities on the
property. As currently drafted, the proffer language only requires the applicant to “commence”
the VRP process. Completion of site characterization and risk assessment activities prior to the
filing of the site plan, however, will give the applicant and County important information about
the status of the site and may help to inform project design and other development decisions.
Additionally, the proffer would be strengthened by including language that captures the
applicant’s commitment to make all reasonable and diligent attempts to obtain certification of
satisfactory completion of remediation of the property within a certain number of years of
beginning the VRP or other equivalent process.
Thank you for your consideration of these comments, as well as for all your work
throughout this review process. Any proffer language related to the abandoned mines on the
Wilderness Crossing property should adequately address the substantial and well-founded
concerns related to mine contamination, especially since these concerns are likely to be
aggravated by activities associated with the proposed rezoning. We hope the County and the
applicant will consider ways to provide clarity and specificity in the proffer language to ensure
full and appropriate remediation of the property as this proposal moves forward.
Sincerely,
3
cc: Orange County Board of Supervisors
Mark Johnson, Chairman, rmarkjohnson142@gmail.com
Lee H. Frame, Vice Chairman, lframe@orangecountyva.gov
James K. White, jimwhitedistrict2@gmail.com
Keith F. Marshall, kmarshall@orangecountyva.gov
James P. Crozier, jcrozier@orangecountyva.gov
Josh Frederick, Planning & Zoning Services Manager, jfrederick@orangecountyva.gov
Eric Bittner, Planner, ebittner@orangecountyva.gov
Tom Lacheney, County Attorney, tlacheney@orangecountyva.gov
Theodore Voorhees, County Administrator, tvoorhees@orangecountyva.gov
Attachments:
A: Suggested revisions to proffer language
B: DMME, Div. of Min. Mining, Orphaned Mined Land Site Investigation Report:
Vaucluse Mine – Grimes Mine, Grymes Mine (Aug. 1. 1988)
C: Va. Energy, Abandoned Mineral Mine Lands: Vaucluse Mine (last updated June
6, 2019)
D: Letter from Ronald A. Gregory, State Water Control Bd., to William Roller,
DMME (Mar. 20, 1990)
E: Va. Energy, Abandoned Mineral Mine Lands: Wilderness Mine (last updated July
26, 2021)
F: Va. Energy, Abandoned Mineral Mine Lands: Greenwood Mine (last updated July
26, 2021)
G: Va. Energy, Abandoned Mineral Mine Lands: Woodville Mine (last updated July
26, 2021)
4
ATTACHMENT A
DMME, Div. of Min. Mining, Orphaned Mined Land Site Investigation Report: Vaucluse Mine –
Grimes Mine, Grymes Mine (Aug. 1. 1988)
ATTACHMENT C
Va. Energy, Abandoned Mineral Mine Lands: Vaucluse Mine (last updated June 6, 2019)
Tracking # 1565
Page # 1
A. SITE IDENTIFICATION
Date of Inspection (MM/DD/YYYY): 8/1/1988
B. Project Information
(For Non-Permitted Sites only)
Project Number: OLAC Ranking: A
Olac Notes:
2019 owner - Evans King 2 LLC, 3033 Woodland Drive NW, Washington DC 20003
Added scanned slides dated unknown from USGS Data Preservation project 2018 CWS
DMM Permit:
Pit Size:
Mine discovered in 1832. Worked through 1935 by various companies. Large operations. A large
part of Virginia's gold production in 1833-1860 probably came from the Vancluse Mine.
Several mining companies are studying the site and a permit to mine was requested of the county in
June of 1988. The county at this time will not allow mining due to public concerns.
A request for new classification is made due to the fact that extremely acidic drainage is present and
until EPA stormwater regulations are finalized and liability for these sites are clarified.
Large open pits, numerous small caved pits on site. In 1865 two open cuts 80' x 300' x 25' wide had
been opened. The Vancluse shaft was 220' deep with levels at 50', 110', and 201'. The 110' level
contained 275' of workings and the 201' level had 876' of drifts and cross cuts in January of 1936.
Unsafe conditions exist and are severe due to the extent of the shaft and workings. Mercury is a
hazardous waste found at the site.
D. EXPLOSURE (Score 9 )
(For Non-Permitted Sites only)
Site Access: paved road Site Visibility from Road: Not Visible from road
pH Value
Conductivity
Tempature
Conductivity Units:
Tracking # 1565
Page # 4
Extreme mercury contamination from the sediment of the tailings pond. Likely groundwater
contamination from the use of mercury in the mining process. Large array of underground workings.
Existing Wetlands on site, if yes check box Potential for dredge material
disposal if east of Fall Line
Potential Wetlands on site, if yes check box
Wetlands Notes:
Mercury
Impoundment Notes:
G. REFERENCES
References Results:
Tracking # 1565
Page # 6
Sweet, P. and W.D. Rowe Jr., 1983, Selected Virginia mineral-resource information, Virginia Division
of Mineral Resources Publication 51, 196 p.28
H. MONITORING
Monitoring Results:
I. CORRESPONDENCE
Date Type Comments
7/22/2004
ATTACHMENT D
Letter from Ronald A. Gregory, State Water Control Bd., to William Roller, DMME (Mar. 20,
1990)
ATTACHMENT E
Va. Energy, Abandoned Mineral Mine Lands: Wilderness Mine (last updated July 26, 2021)
Tracking # 1566
Page # 1
A. SITE IDENTIFICATION
Date of Inspection (MM/DD/YYYY): 8/1/1988
B. Project Information
(For Non-Permitted Sites only)
Project Number: OLAC Ranking: Reclaimed
Olac Notes:
Added Pictures Scanned for USGS Data Preservation deliverable 2018 - cws
DMM Permit:
Tracking # 1566
Page # 2
Pit Size:
Mine opened pre-1911 and the mill burned down in 1911, but was never rebuilt. Mining ceased in
1923. Mineral Resources in 1927-1975 stated that in 1911 a 30 meter shaft was sunk in, and 117
meters of drifts were driven. In 1912, the shaft was deepened to 38 meters and an additional 58
meters was started. Two open shafts, several caved pits, concrete foundation and dumps were
evident in 1974. On this inspection, the open shafts exist; the caved pits were not noted.
Fatal fall hazards exist due to the open shafts and the influx of population to the area.
D. EXPLOSURE (Score 23 )
(For Non-Permitted Sites only)
Site Access: paved road Site Visibility from Road: Visible from road
HUNT CLUB
pH Value
Conductivity
Tempature
Conductivity Units:
Environmental Notes:
Minimal drainage other than surface runoff. Open shafts, potential for groundwater contamination
Existing Wetlands on site, if yes check box Potential for dredge material
disposal if east of Fall Line
Potential Wetlands on site, if yes check box
Wetlands Notes:
Tracking # 1566
Page # 4
Impoundment Notes:
G. REFERENCES
References Results:
H. MONITORING
Monitoring Results:
Tracking # 1566
Page # 6
I. CORRESPONDENCE
Date Type Comments
7/22/2004
ATTACHMENT F
Va. Energy, Abandoned Mineral Mine Lands: Greenwood Mine (last updated July 26, 2021)
Tracking # 2873
Page # 1
A. SITE IDENTIFICATION
Date of Inspection (MM/DD/YYYY): 7/14/2011
B. Project Information
(For Non-Permitted Sites only)
Project Number: OLAC Ranking:
Olac Notes:
DMM Permit:
D. EXPLOSURE (Score 7 )
(For Non-Permitted Sites only)
Site Access: gravel road Site Visibility from Road: Not Visible from road
NONE
pH Value
Conductivity
Tempature
Environmental Notes:
Existing Wetlands on site, if yes check box Potential for dredge material
disposal if east of Fall Line
Potential Wetlands on site, if yes check box
Wetlands Notes:
4 PITS
Impoundment Notes:
G. REFERENCES
References Results:
H. MONITORING
Monitoring Results:
I. CORRESPONDENCE
Date Type Comments
5/17/2012
ATTACHMENT G
Va. Energy, Abandoned Mineral Mine Lands: Woodville Mine (last updated July 26, 2021)
Tracking # 2638
Page # 1
A. SITE IDENTIFICATION
Date of Inspection (MM/DD/YYYY): 9/17/2010
B. Project Information
(For Non-Permitted Sites only)
Project Number: OLAC Ranking:
Olac Notes:
DMM Permit:
LISTED AS THE SAME AS THE ONE ACROSS FROM ROUTE 3, THE WOODVILLE MINE
D. EXPLOSURE (Score 34 )
(For Non-Permitted Sites only)
Site Access: gravel road Site Visibility from Road: Visible from road
Estimate of > 100 homes Site Visibility from Homes: Not Visible from
homes: homes
pH Value
Conductivity
Tempature
Environmental Notes:
Existing Wetlands on site, if yes check box Potential for dredge material
disposal if east of Fall Line
Potential Wetlands on site, if yes check box
Wetlands Notes:
Impoundment Notes:
G. REFERENCES
References Results:
H. MONITORING
Monitoring Results:
I. CORRESPONDENCE
Date Type Comments
9/20/2010