County staff to send registered notices over unpaid wetland mitigation fees for Captain’s Cove projects

Accomack County staff told the Wetlands Board that three Captain’s Cove bulkhead projects have unpaid mitigation or in-lieu fees and the board instructed staff to send registered letters and pursue a hearing if property owners do not respond.

Why it matters: Mitigation fees reimburse or otherwise fund off-site wetland conservation required when on-site impacts cannot be avoided. Staff told the board the unpaid amounts stem from earlier replacement bulkhead projects and identified three cases with outstanding balances.

Paul Watson said he had audited prior projects and identified three Captain’s Cove bulkhead replacements for which mitigation or required application steps were never completed. He listed amounts associated with JPAs from past years: JPA 2019 ($1,400), JPA 2021 ($2,470) and JPA 2023 ($1,360). Watson said one property (the Kaleid/Khalee spelling varies in records) had since been sold and the buyers, the Olsens, told staff they were willing to pay a small outstanding amount (staff cited $36). The other two properties remain in their original owners’ names and staff said previous letters had not produced a response.

Board members and staff discussed enforcement options. Staff recommended sending registered mail to the property owners to create a documented receipt of notice; the board agreed. Watson said if owners still do not pay, staff will schedule a hearing and could pursue a civil collection or court judgment to recover unpaid mitigation amounts.

The board did not set a specific immediate enforcement action at the meeting but directed staff to use registered letters as the next step and to report back if owners fail to respond.