3 MORE ACRES ON FLEETWOOD HILL PRESERVED

In early spring Mr. Tony Troilo, who owns the property on Fleetwood Hill that saw the most intense fighting on June 9,1863, began work to expand his pond along Flat Run just to the west of Fleetwood Hill.  Before starting work, Mr. Troilo checked with the Culpeper County Office of Planning and Zoning and was informed that no additional permits would be required.  That information was incorrect.

Under the Clean Water Act, a permit is required from the US Army Corps of Engineers before a free-flowing stream can be dammed.  Additionally, Section 106 of the National Historic Preservation Act requires the Corps of Engineers to assess the effects of a project on historical resources when considering a request for permit. 

On May 13, the Corps of Engineers issued a stop-work order to Mr. Troilo.  After learning that he had not received the necessary permits, Mr. Troilo voluntarily agreed to remove the pond and restore Flat Run and its wetlands to pre-construction conditions.  Additionally, during archeological monitoring of site stabilization measures at the work site, fill dirt several inches deep was moved onto roughly three-tenths of an acre of property owned by the BSF and under protective easement with the Virginia Department of Historical Resources.  Mr. Troilo offered to either remove the fill or, if preferred, leave the fill in place and seed it with grass.

On July 26, representatives of the BSF, the Corps of Engineers, and the Virginia Department of Historic Resources met with Mr. Troilo in Richmond to discuss remediation measures for adverse affects on the historic property—the site of a major Civil War Battle—and the encroachment on the BSF land.  At the meeting, Mr. Troilo offered to convey to the BSF approximately 3.1 acres of his property lying to the west of Flat Run, thereby making the stream the property line between Mr. Troilo and the BSF.  The Corps of Engineers and VDHR representatives considered the offer most generous, as did the BSF, and we agreed to accept the conveyance.  Finally, the consensus among attendees was that attempts to remove the fill on the encroached property would risk damage to the underlying soil, and it was therefore better to leave the fill in place and seed it.  These steps and a plan for restoring the stream bed have since been formally agreed upon by all the affected parties.

Once Mr. Troilo has restored Flat Run, the new property line can be surveyed and the 3.1 acres conveyed to our organization, an event that should be completed within the next few months.  This will increase our ownership of land on the avenue of approach used by Sir Percy Wyndham on the morning of June 9 to 36 acres.  Acquiring this property is in keeping with the BSF’s strategic goal of preserving key battlefield land and opening it to the public.  We credit this positive outcome to two factors: Mr. Troilo’s positive approach to fully resolving issues associated with his pond; and, the decision by the board of the BSF to maintain a professional and cooperative relationship with Mr. Troilo throughout the process.

We are very pleased that this unfortunate situation was brought to an amicable resolution, and we are very grateful to Mr. Tony Troilo for his generous offer.  We trust that you share our views.