CHESAPEAKE
A golf course sitting atop 1.5 million tons of fly ash can reopen to the public until Oct. 1, the City Council decided Tuesday night in a 6-0 vote.
The vote authorized a deal between the city and MJM Golf LLC, owners of Battlefield Golf Club at Centerville, to let the course resume business.
From about the end of March until this week, the course had been open only to its roughly 160 members.
The city shut down the course to the public after citing it with occupying the site without an approved final site plan or certificate of occupancy.
The temporary closure happened days before a March 30 report about the golf course in The Virginian-Pilot, which focused on the potential environmental threat to groundwater from an array of elements in the fly ash, a powdery residue left over from burning coal for electricity.
Last week, the owners said they had enough money to keep the course going until Friday. If there was no relief by then, they said the course would stop all operations, including maintenance of the property.
The course owners' attorney, Richard H. Matthews, said the club lost at least $100,000 since the city closed the course, but the owners have agreed not to sue the city for lost revenue until Oct. 1. At that point, Matthews said, he and the owners will decide whether to take legal action.
"We've been closed down for seven weeks in prime golf season," said Mike Waugh, the golf pro and manager of the course. "It's like water under the bridge, and you don't get it back. We just have to take today and move forward."
Cary Young, who joined the course the first day it opened, was one of about 50 people who wore red shirts Tuesday to City Hall to show support for reopening the course. He said he feels the city overreacted to coverage in The Virginian-Pilot and punished the golf course owners.
"If you owned a business and had a business license, and all the sudden you were told you could not conduct business, how long would you survive?" Young said.
The red-shirted supporters cheered after the council approved the agreement with no discussion. Councilman John de Triquet called it "an interim decision that satisfies a number of needs."
The owners' site-plan application for a permanent clubhouse, parking lot, sewage facility and other improvements has been under review since January.
Approval would depend on the outcome of an intensive environmental assessment. Among the provisions of the agreement is the permanent removal of any deadline for nearby residents to file claims against the golf course for well damage linked to the project. A stipulation in the conditional use permit approved by the city had set a deadline of June 20 for the filing of such claims.
Matthews said last week that the city's restrictions amounted to an unconstitutional "taking" of the land.
A conditional use permit for the golf course was unanimously approved by the City Council on June 20, 2001.
The fly ash used on the course came from Dominion Virginia Power's coal-burning power plant in Deep Creek.
Dominion officials say the fly ash used on the course was chemically treated to block any leaching by potentially harmful elements such as arsenic and lead.
City officials have identified roughly 200 potable wells within a 2,000-foot radius of the outer boundaries of the golf course. Water tests at 75 properties near the golf course last month showed some elevated boron levels. Boron is considered a "marker" for fly-ash contamination.
City officials, however, say they still are evaluating the data and aren't certain what caused the higher boron readings.
Staff writer Austin Wright contributed to this report.
Mike Saewitz, (757) 222-5207, mike.saewitz@pilotonline.com
Robert McCabe, (757) 222-5217, mike.saewitz@pilotonline.com
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Lead
In a previous article in the Pilot, it was noted that several of the homes had traces of lead in the water, but it may have come from the pipes in the house. Not to mention, there are many old houses (pre 1978) that have lead paint.
Maybe the city should raise taxes so they can afford to run public water to all the homes in the city. The city (or better yet, the Pilot) should also test water in other parts of the city to see if fertilizer from farm land can cause elevated boron levels.
golf course should not have been closed
this is finishing the first part. The owners have completed all requirements for obtaining site approval yet they continue to get delay, delay, and delay. The delay has become destroy, destroy, and destroy because of the undue financial pressures caused by the decision to inessence cease operations. While operating fromthis building the city never once rejected any taxes collected and remitted by the approved operation. Once the first article, it seems the city acted with a knee jerk reaction rather than a business like approach.
Right now it appears the only damage has been to the currnet owners of Battlefield. It appears thaey have acted in good faith but unfortunately have not received the same from the city. The city seem s to spending its time delaying rather than dealing with this issue. Rest assured indecision is a decision and this decision of delay is creating the possibility of severe financila loss and continued stress on families.
Golf course to re-open
Nearby homeowners told to move their homes and to take a pass on tap water. Those homeowners are getting worked by this fiasco. But surely they should be comforted knowing that the ash was treated with chemicals to "block any leaching by potentially harmful elements such as arsenic (a notoriously poisonous metalloid) and lead (a poisonous metal that can damage nervous connections especially in young children and cause blood and brain disorders)". I predict a wave of lawsuits for the city.
SICK? What is sick is that
SICK?
What is sick is that in America a local Government could even think of stealing someone's land because they didnt monitor a ground water level well? What difference would have monitoring the water levels made? The ash was already down. high water or low. it was already done.
maybe Va Power should just stop catching the fly ash before it fly's out the stacks. Since noone will let them put it anywhere for fear of contaminating the ground. fine. contaminate the air.
Maybe this whole golf course argument is just a symptom of the main problem. Close all non nuclear / wind / wave / solar power stations. yea that will go over well.
golf course should not have been closed
As you are aware the golf course was open to the public and operating from a temporary building . Closing the golf course to the public was unfair, unjust and inequitable. There are 2 separate issues .
1. The curent ownership had nothing to do with the decision to allow the 217 acres to be used as a dump for fly ash. Those who made this decision have the responsibility to eliminate any and all issues surrounding current and future problems with well and ground water contamiation. Since we do not know the long term effects of placing fly ash on the property one long term solution may be to connect those impacted to city water. Remember the fly ash is covered with top soil on which golf is played. In addition, the current owners met all requirements placed on them from all agencies associatied with this type site. Therefore it is ludicrous to try to pass this responsibbility onto the curent owners of Battlefield Golf Course.
2. The decision by the City of Cheaspeake to stop operations from the temporary buiolding and not allow advertising for the golf course. The city approved this operation in August, 2007.
The owners have completed all requirements for obtain
Lawsuit
October 1, the golf course will file suit against the city. Maybe the Pilot will help the city pay the $100,000.
Yes, it should have, and should be
Just try living in a house without a certificate of occupancy (for which the course was closed - not some hysterical eraction to the toxins below it). I guess Terry Suit's kid gets what Terry Suit's kid wants. Sick.
Should have never been closed
It should have never been closed in the first place. This is a case of a stupid knee jerk reaction to uninformed media hype.