Local News
Town asked ‘permitted to do what’ along Happy Creek’s banks?
Over the past few weeks, Royal Examiner received a number of citizen inquiries about what appeared to be “clearcutting” work along the banks of Happy Creek between Commerce Avenue and Front Street. This stretch of the creek parallels the Royal Shenandoah Greenway from the Prospect Street Bridge to South Street in the Town of Front Royal.
In response to these inquiries, Royal Examiner attempted to contact the Town’s Public Works Director Robbie Boyer on Thursday, November 5. Information provided to Royal Examiner included two permits, one from the Virginia Marine Resources Commission, dated October 7, 2020, generically addressed to a Town Post Office Box, and a second addressed to Boyer from the US Army Corps of Engineers, dated October 29, 2010, several days after the project was already underway.
The first permit stated, “Permittee is hereby authorized to clear vegetation and sediment accumulation and to restore (emphasis added) and stabilize 1,300 linear feet of Happy Creek between East Prospect and South Streets in the Town of Front Royal, Virginia, and Warren County. All activities authorized herein shall be accomplished in conformance with ‘the plans and drawings dated and revised August 25, 2020, which’ are attached and made a part of this permit.”
Jay Woodward, Environmental Engineer with the Virginia Marine Resources Commission confirmed in an email dated November 5, 2020, “Please keep in mind VMRC jurisdiction is limited to the submerged lands below the elevation of Ordinary High Water in Happy Creek itself, not the banks and floodplain above (emphasis added).”
A graphic from Town application submitted by consultant CHA to state agencies. Royal Examiner Photos by Roger Bianchini
The concern expressed to Royal Examiner by interested citizens was how “clearcutting” shrubs and small trees from a creek bank contribute to stabilizing that bank? It would certainly seem counter-intuitive that clearing established vegetation from Happy Creek’s banks would stabilize those banks.
While awaiting a call back from Boyer we gave Interim Town Manager Matt Tederick a try as 5 o’clock approached. After leaving a message we heard back from Tederick after business hours late Thursday afternoon. Tederick explained Boyer had been in meetings with him much of the afternoon. Tederick confirmed that Public Works was doing the Happy Creek stabilization and stormwater management project and urged patience from citizens alarmed by the initial appearance of the creek bank in the early stages of the project. He reiterated the plan not to remove trees with a trunk circumference greater than 4 inches and disputed the term “clearcutting” being applied to the work.
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“I understand the sentiment,” Tederick said of citizen concern over the project’s initial appearance. “But we got a DEQ Consent Order and obtained all the same permits and are following the same procedures we did on Eighth Street near Bing Crosby Stadium. We were asked to extend the work on Happy Creek to South Street. People are seeing the initial stage – it’s not clearcutting.”
Above, looking northeast on Nov. 5 from the Front St. side of Happy Creek toward the Prospect St. Bridge and Commerce Ave.; below, the view south from the same spot. No replanting of removed vegetation is planned and large rocks will replace that vegetation as part of a stormwater management plan.
But in addition to clearing fallen trees and other debris out of the creek bed, vegetation is being cleared above the water level to be replaced by “rip-rap” or large stones that will help address past flooding issues on East Main and Water Streets near the creek to the north of Prospect Street – “It will be beautiful,” Tederick assured us, though adding that no replanting was planned where vegetation has been removed.
A divergent opinion
Royal Examiner also spoke with someone we know to have expertise in such matters, local Tree Steward official, past Town Urban Forestry Commission member, and Urban Forester/Environmental Scientist David Means. Means was aware of the work and expressed the opinion that what was being done along Happy Creek’s banks in town did appear contrary to established creek or riverbank stabilization principals.
He cited recommendations from the Virginia Department of Wildlife Resources’ regarding riparian buffers, stating, “We recommend avoidance of (removing) as much established native vegetation, including trees, as possible as they provide streambank stabilization, stream shading, and leaf litter which are important aspects of aquatic habitat.”
Means also said that measurements taken at the work site indicated stumps from more than 100 trees exceeding a diameter of four inches. – “Trees up to 13 inches in diameter have been cut down, exposing the greenway to the noise and views of busy Commerce Avenue,” Means asserted, adding, “These include trees donated by individuals and organizations to commemorate Arbor Day and enabling the Town to qualify for ‘Tree City USA’ status.
Above, part of the bank in question prior to the mid-October start of flood management work. Below, picking up trees and brush after clearing work began in mid-October. Courtesy Photos Tree Stewards
Of earlier Town work on the creek Means observed, “Between 2007 and 2010, the Town received two state grants to meet these specifications, one for installation of rock structures to reduce the velocity of the water, limit erosion, and create trout habitat. Native trees and shrubs were planted as well to create the shade and cool waters required by trout. The second grant, from the Department of Forestry, underwrote removal of invasive species from the riparian buffer zone.”
As for the current work, Means said he reviewed the Town’s permits and application materials, finding several deficiencies. “The application lacked a site-specific erosion and sediment control plan, specifications for the proposed work, a tree preservation plan, and restoration plan. All the application says is that the work will be done, with no specifics on materials, or method of installation – the detail is missing. The permit addresses ‘Happy Creek Streambank and Channel Restoration’ but work in progress is geared toward stormwater management and flood control, in which case the plan should have included an engineer’s calculations based on two-and 10-year storm events, upstream impervious surfaces, flow and velocity calculations supporting the intended design.”
Recommendations from the Virginia Department of Wildlife Resources regarding riparian buffers appear to be ignored in the Town’s work and plans, most pointedly, “restoring original streambed and streambank contours, revegetating barren areas with native vegetation, and implementing strict erosion and sediment control measures. We recommend that instream work be designed and performed in a manner that minimizes impacts upon natural streamflow and movement of resident aquatic species … To minimize harm to the aquatic environment and its residents … We (VDWR) recommend adherence to erosion and sediment controls during ground disturbance. We recommend use of native species for all plantings. We recommend alternatives to the creation of a hardened shoreline as such areas can prohibit access to aquatic habitats along stream margins” (emphasis added)”.
However, by the interim town manager’s own admission, there is no planned replanting and a “hardened shoreline” is exactly the intended endgame.
Above, the view north, and below, south at result of previous work at Eighth St. Bridge along Happy Creek’s bank. There is dispute that this end result is what the Town has been permitted for by state agencies between Prospect St. and South St. along the Greenway path.
In providing rationale for the work, Tederick referenced flooding in the Water-East Main Street area in the late 1990s. Means believes the proposed design would possibly exacerbate flooding problems, increasing velocity and volume to impact property downstream, particularly at the creek’s intersection with East Main, Stonewall, and Prospect Streets. Noting more recent federal moves prohibiting most floodplain construction, Means questioned the wisdom of past permitting in the creek’s floodplain on Water Street and nearby.
Means held a Virginia Erosion and Sediment Control Inspectors Certificate for nine years while employed by a design/build engineering company in Northern Virginia. Based on his observations of Happy Creek’s banks over a period of years, “Prior to this project, the banks appeared to be naturally stable, due to vegetation that actually reduced velocity and associated streambank erosion,” he reasoned.
Growing concern
On Friday, November 6, the Tree Stewards met with several interested parties to discuss concerns with the work. Invitees included the Urban Forestry Advisory Commission, Beautification of Front Royal Committee, Shenandoah Valley Alliance, and Appalachian Trail Community network. A joint letter of concern will be submitted to the Town, Means indicated.|
On the same day, Means met by phone with County Board of Supervisors Chairman Walt Mabe, who reported that County Building Official David Beahm had “shut the project down last Thursday, October 29.” However, Means documented crews continuing to cut trees down as recently as Wednesday, November 3.
According to Tederick, work began in mid-October, apparently between October 19 and 22. Contacted Friday, Tederick said he was unaware of any Stop Order on the project. He said that Beahm had contacted the Town regarding submission of an Erosion and Sediment Control Plan, which the town manager said had been submitted, and that work was continuing as planned.
We were unable to contact Beahm prior to the end of the workweek. Royal Examiner will continue to follow this developing story.
Local News
Within the Warmth of Main Street’s Honey and Hops, Reaching Out Now’s President Samantha Barber and Her Staff Share a Vision for Youth Center with the Community
Beginning at 2 p.m. on December 9 at Honey and Hops, located at 212 East Main Street A, non-profit Reaching Out Now (RON) held a fundraiser with a meet and greet atmosphere, serving food and drink to the community as Honey and Hops continued to hold regular business. All were invited to hear more about RON’s vision for revitalizing the old Santmyers Youth Center, its new name revealed at this fundraiser to be the Raymond E. Santmyers Student Union and Activity Center. Questions were welcomed as RON President Samantha Barber and her staff shared information and emphasized the importance of community involvement.
A sizeable crowd, including Town Council members and our new lady sheriff Crystal Cline, attends an open house fundraiser for Reaching Out Now, held at Honey and Hops on Main Street, to eat delicious food provided by the non-profit, and hear from President Samantha Barber and staff about RON’s vision for revitalizing the Santmyers youth center, which was the object of the fundraiser. Royal Examiner Photos, credit Brenden McHugh.
Mayor Lori Cockrell (L) assists in unveiling the name of the new youth center: Raymond E. Santmyers Student Union and Activity Center.
Owner of Honey and Hops, Isaac Rushing, continues to serve guests as the fundraiser progresses at his establishment.
This reporter shamelessly takes a side, proud to stand with his heroes. (L) to (R): Royal Examiner reporter Brenden McHugh, Barber couple Joe and Samantha, Adisyn Waters, and Marie Coffron. Waters and Coffron will be mentors at the youth center.
The possibility of a revitalized youth center is quickly becoming a reality, as asbestos has been removed from the flooring of the original building, and Barber and staff have identified what they need to do to be ready for the projected April opening. They look forward to receiving the keys to the building next month, as well as continuing to troubleshoot problems, and addressing aesthetic concerns that may overlap with opening in April. Their interactions with the County and Town have been amicable, and they look forward to continuing that partnership.
A new youth center, offering tutoring opportunities and other activities that provide guidance and hope to young people, is a possibility that resonates deeply with many among our town’s leadership. They remember the Santmyers from when they were young people, dealing with all the unique challenges that face young people across our community. People like Councilman Bruce Rappaport and Councilman Glenn Wood reminisced with each other about the haven Raymond Santmyers and his family provided to the community’s youth. It was a drop-off point where parents could be confident that their children were cared for, safe, and mentored for their brightest future.
Even Mayor Lori Cockrell, native to Warren County, did not attend the youth center as often as Rappaport and Wood but can testify nonetheless to what a rock that establishment was to their community. This is a concern that interests public servants like Cockrell, Wood, and Rappaport, the time it took to attend the fundraiser being worthy pie slices out of their busy schedules.
Our newly elected sheriff, Crystal Cline, was also present with her husband, George, and she took advantage of an open mic opportunity to share just how much the center meant to her as a young person and how much it continues to mean to her as a point of contact with people who will never forget their time together there. It is a wonderful way of putting children on a positive path.
At one point in the program, Samantha Barber indicated a suggestions box where anyone could leave messages expressing what they hope to see in the new youth center. “You can dream with us, per se,” she said. All of Warren County’s youth, be they public schooled, private schooled, or homeschooled, will be the top priority for Barber and her team; that is why input from parents and students from all walks of life is so important to her. Of course, anyone wishing to donate to or become more involved with RON’s mission can reach them at https://reachingoutnow.org.
The program featured a raffle and an auction, the proceeds of which go to making the Raymond E. Santmyers Student Union and Activity Center a reality. As the mayor and others prepared to unveil the youth center’s new name, Barber said, “We do everything intentionally, and we wanted to make sure that [the new name] represented community, that it represented what the next generation is going to remember; this is past, this is present, and this is future.” After the unveiling, she added in reference to Raymond Santmyers, “He passed away in 1976, and I was born in 1976. Again, passing the torch on to the next generation … being inclusive of what he represented, his heart, his soul, will live on in this youth center as we continue to carry this forward. And I am so humbled that I was chosen for such a time as this, to lead this for our kids and bring this to life.”
EDA in Focus
County Overseen EDA Takes Care of Business at Last Meeting of 2023
The Front Royal-Warren County Economic Development Authority (FR-WC EDA) held its monthly meeting on Friday, December 8, 2023, at 8 a.m. All seven Board members and legal counsel were present.
The regular meeting began with Committee and Board Reports. Board Vice-Chair J.D. Walter and Treasurer Jim Wolfe announced that the Board will be having a Strategic Planning Meeting on Friday, January 12, 2024. The Asset Committee Chair, Jorie Martin, provided an update on the ongoing maintenance at the 400 Kendrick Lane building. Warren County Director of Economic Development Joe Petty discussed the FY-2025 budget schedule and an overview of the previous Open-Door Business Session in November. The Board then approved online banking access for the Chair, Treasurer, and a designated County staff member.
Maintenance work continues to clear up some facility issues in portions of the former EDA office site in the old Avtex Admin building at 400 Kendrick Lane. Royal Examiner file photo
During the new business portion of the agenda, Equus Capital Partners provided an update on their due diligence as part of a contract to purchase property within Stephens Industrial Park. In addition to typical findings from geotechnical work and preliminary engineering, they are working with the gas company on dedicating a defined width of the gas line easement, which dates back to 1949.
After the Equus presentation, a status update on the TransPortation Opportunity Fund (TPOF) was given. The Board then approved the 2024 Regular Meeting Schedule, the second term option in the current lease agreement with CCAP, and extended the Baldwin Grazing lease an additional year.
The Board concluded the meeting with a closed session to discuss the potential disposition of real property to business prospects and legal consultation on active litigation. Following the closed session, the Board authorized Joe Petty to dispose of two vehicles owned by the EDA; approved extending the contract on Stephens Industrial Park, Parcel 2, until December 31, 2024; and approved a resolution authorizing legal counsel to draft a lease for the Avtex Parking lot.
As noted above, the FR-WC EDA will be having its Strategic Planning meeting on Friday, January 12, 2024 (8 a.m.), and their next regular monthly Board meeting will be held on Friday, January 26, 2024, also at 8 a.m. at the Warren County Government Center.
(From a release by the Warren County-overseen FR-WC EDA)
Crime/Court
Collaborative Effort Leads to Swift Arrest in Warren County
Four Law Enforcement Agencies Join Forces in High-Risk Operation.
In an exemplary display of inter-agency cooperation, four law enforcement bodies in Warren County successfully collaborated to apprehend a dangerous suspect involved in a drive-by shooting. This operation, occurring in the early hours of December 9, 2023, highlights the effectiveness of coordinated efforts in ensuring public safety.
The operation commenced following a distress call from the Rappahannock County Sheriff’s Office (RCSO) to the Warren County Sheriff’s Office (WCSO). The call was regarding a high-risk vehicle stop linked to a drive-by shooting in Culpeper County, reported less than an hour earlier.
The suspect’s vehicle, identified by the Culpeper County Sheriff’s Office (CCSO) and spotted by an RCSO lieutenant, was followed into Warren County. Recognizing the gravity of the situation and the potential risk to public safety, RCSO sought additional support from WCSO. The Front Royal Police Department (FRPD) was also involved, setting up spike strips at the county line as a precautionary measure.
The high-risk vehicle stop, strategically executed on Route 522 South before reaching more populous areas, led to the peaceful surrender of the suspect. This outcome was a testament to the meticulous planning and coordination among the WCSO, RCSO, CCSO, and FRPD.
The suspect, identified as Demetre Dominique Skinner from Manassas, VA, faces multiple charges, including shooting from a vehicle, aggravated malicious wounding, and the use of a firearm during a felony. The joint operation’s success underscores the importance of inter-agency collaboration in handling critical situations.
The victim of the shooting was airlifted to UVA Charlottesville and is currently in critical condition. The incident, according to detectives, was isolated to the Culpeper area, involving only Skinner and the victim.
The swift and effective action of the four collaborating agencies in apprehending a dangerous individual serves as a reminder of the critical role law enforcement plays in community safety. The successful outcome of this joint operation not only ensured the swift administration of justice but also prevented potential further harm to the residents of Warren County and its surrounding areas.
Local News
VDOT: Warren County Traffic Alert for December 11 – 15, 2023
The following is a list of highway work that may affect traffic in Warren County during the coming weeks. Scheduled work is subject to change due to inclement weather and material supplies. Motorists are advised to watch for slow-moving tractors during mowing operations. When traveling through a work zone, be alert to periodic changes in traffic patterns and lane closures.
*NEW* or *UPDATE* indicates a new or revised entry since last week’s report.
INTERSTATE 66
No lane closures were reported.
INTERSTATE 81
Mile marker 299 to 300, northbound and southbound – Shoulder closures for mowing operations, 7 a.m. to 7 p.m. through December 18.
Mile marker 299 to 300, northbound and southbound – Overnight lane closures and traffic-lane shifts as needed, 8 p.m. to 7 a.m. through March 2024. Shoulder closures 24/7. Work zone speed limit: 55 miles an hour. Work is related to southbound acceleration ramp extension and bridge widening, with estimated completion in fall 2024.
PRIMARY ROADS
*NEW* Route 55 (Strasburg Road) – Flag traffic control between Stoney Mountain Drive and Shenandoah County line for inspection of bridge over Norfolk Southern Railway, 8:30 a.m. to 4:30 p.m. Sunday (December 10).
*NEW* Route 340/522 (Winchester Road) – Southbound alternating lane closures between Route 637 (Guard Hill Road/Riverton Road) and Front Royal town limits for inspection of bridge over Crooked Run, 7 a.m. to 4 p.m. Tuesday.
SECONDARY ROADS
No lane closures were reported.
Vegetation management may take place district-wide on various routes. Motorists are reminded to use extreme caution when traveling through work zones.
Traffic alerts and traveler information can be obtained by dialing 511. Traffic alerts and traveler information also are available at www.511Virginia.org.
Chamber News
Penny Lane Hair Co: A Fresh Cut on Front Royal’s Main Street
Front Royal Celebrates the Opening of Penny Lane Hair Co on Main Street.
In a vibrant ceremony, the Front Royal/Warren County Chamber of Commerce, led by Executive Director Nike Foster Cales, welcomed a business to its new location in the heart of the town. Penny Lane Hair Co, located at 413 E Main St, opened its doors amidst the cheers and support of the local community, including Mayor Lori Cockrell and Supervisor Walt Mabe.
The air was filled with excitement as Mallory Deinert, the owner of Penny Lane Hair Co, was greeted with warm applause and cheers from a crowd that included Chamber members, friends, and representatives from various local businesses. The event not only marked a new business opening but also symbolized the ongoing revitalization and diversification of Main Street’s business landscape.
Mayor Lori Cockrell expressed her enthusiasm, reflecting on the uniqueness of each ribbon-cutting event she has attended since joining the council and becoming mayor. “Each opening brings something new to our community, and we’re thrilled to support them all,” she remarked. Her words echoed the sentiment of inclusivity and diversity that the town prides itself on.
Supervisor Walt Mabe also shared his satisfaction with the expansion of downtown, noting the importance of adding varied businesses to the area. “It’s a sign of our town’s growth and vitality,” he said.
For Mallory Deinert, the opening of Penny Lane Hair Co. is the culmination of a lifelong dream. Overcome with emotion, Deinert shared her journey, “I’ve always wanted to be on Main Street, and now here we are, just a few doors down from my mom’s business. It’s a dream come true.” She dedicated this milestone to her family, mentioning her late father, her brother, and her mother, whose birthday coincided with the opening.
The community’s support was palpable as Deinert thanked everyone for their encouragement and shared her excitement for the future of Penny Lane Hair Co on Main Street. Her story is a testament to the power of local support and the importance of small businesses in building vibrant communities.
The opening of Penny Lane Hair Co. is more than just a new business on Main Street; it’s a symbol of the community’s resilience, growth, and commitment to supporting local entrepreneurs. As Front Royal continues to welcome diverse businesses, it strengthens its reputation as a supportive and dynamic place for commerce and community.
EDA in Focus
McDonald Defense Counsel Renews Motions, Including for a New Trial, as Feb. 12 Sentencing Date Looms
Federal officials in Harrisonburg have verified that defense counsel for former Front Royal-Warren County Economic Development Authority Executive Director Jennifer McDonald has filed renewed motions seeking a new trial for their client, as well as the overturning of several of the 34 guilty verdicts a federal jury of six men and six women in Harrisonburg delivered on November 1. Verdicts being sought to be overturned include several counts of bank fraud and one of aggravated identity theft. The latter of those charges involves the use of ITFederal principal Truc “Curt” Tran’s name in promoting one of the real estate transactions McDonald was convicted of using to misdirect money to her personal benefit or that of others under the guise of conducting FR-WC EDA related business. Attempts to reach defense counsel about their filing were unsuccessful as of publication.
The defense team outside the Harrisonburg federal courthouse, along with others evacuated during an apparent false alarm fire warning at the courthouse as the trial wore towards a conclusion in late October. Below, May 2019 mug shot of McDonald following one of her initial arrests on criminal charges originally brought at the local level. She has remained free on bond or home incarceration for the majority of time since those spring 2019 arrests, and remains free pending Feb. 12 sentencing or a ruling for a new trial.
The defense has submitted its motions, similar to ones denied by Judge Elizabeth K. Dillon at trial, as the sentencing of McDonald, set for 10 a.m., Monday, February 12, 2024, looms over their client, who remains free on bond. The defense motions reiterate points made by federal Public Defenders Office attorneys Andrea Harris and Abigail Thibeault at trial and in closing arguments delivered October 31. The three defense witnesses called on that final day of the trial appeared to be presented in an attempt to discredit some of the 67 witnesses called by the prosecution in the trial that began on August 21 and ended on November 30, following several delays of a week to several weeks due to a need to suspend or reschedule the trial because of medically verified illnesses or issues of involved parties, on several occasions defendant McDonald.
The new motions, like those rejected at trial, focus on the defense’s central contention that McDonald and the FR-WC EDA had entered into a secret agreement behind closed doors to pay McDonald $5 million or more in exchange for her not filing a sexual harassment or assault lawsuit against local government officials over actions she alleges during her tenure as FR-EDA executive director. The lone signature on a defense exhibit submitted in support of this scenario belonged to former FR-WC EDA Board Chair Patty Wines, who was by then several years deceased. The prosecution asserted the signature was a forgery. Other EDA officials called by the prosecution, including board member Ron Llewellyn, also unhappily called as one of the defense witnesses on October 31, denied any knowledge of the existence of such a document. It was noted during trial testimony that such a document could not have been approved without a full vote of the EDA Board of Directors.
Jennifer McDonald, right, and then FR-WC EDA Board Chair Patty Wines on the job during earlier days.
The defense motion for a new trial centers on the asserted exclusion of evidence related to the alleged sexual harassment secret agreement. Arguments about the exclusion of a transcript of grand jury testimony given by someone with alleged knowledge of the secret agreement or the absence of that person being called as a witness at trial appear to be at the center of the mistrial/new trial motion. There is also an objection to a related jury instruction given by Judge Dillon, noting that the prosecution didn’t have to produce every piece of evidence or potential witness related to the case at trial.
According to the federal 10th Western District of Virginia website, thus far a hearing date on the new defense motions has not been set for the Harrisonburg federal courtroom.
It appears the Harrisonburg federal courthouse may have another hearing related to the Jennifer McDonald cases prior to the scheduled Feb. 12, 2024, sentencing hearing on her currently standing 34 white-color crime convictions.
McDonald was accused of diverting as much as $ 6.5 million of EDA assets to her direct personal benefit out of an estimated $26 million alleged to have been moved under false pretenses during a four-year period (2014-2018) of her executive leadership of the FR-WC EDA. Part of that larger total, a $10-million loan with additional developmental expenses estimated at as much as $2 million, was approved in support of Tran’s ITFederal company’s development plan earmarked for 30 acres of the 148-acre Royal Phoenix Business Park property in Front Royal at the former Avtex federal Superfund site. EDA officials and civil cases attorneys assert that a $10-million loan and subsequent addition of developmental expenses were achieved under false pretenses as to Tran’s ability to achieve his submitted developmental plan. However, at the time some of these McDonald-involved real estate transactions were occurring, between 2016 and 2018, information was being circulated that Tran was planning to invest in other business opportunities at other locations in the county. Tran has said such investments were discussed but never finalized and never signed on to by him.
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