In September of 2016, the Northampton Wetlands Board, expecting a routine violation, were instead shocked to find one of the worst environmental events in recent history. The property, owned by Benjamin Mathai of Manassas, Virginia had been clear cut from the back property to the point, destroying and disturbing not only tidal wetlands, but a large swath of the state’s Resource Protection Area. Grasses and dirt were removed using heavy construction equipment, and a large mass of old, historic loblolly pines were cut down. This work was done without a permit.
It was determined that the property was impacted by unauthorized clearing activity using manual labor, chain saws and moving equipment and created disturbances to all three environmental sensitive regions-tidal wetlands, non-tidal wetlands and the Chesapeake Bay Resource Protection Area (CCPA buffer).
This week, the property owner Benjamin Mathai had his day in court. The evidence presented by Bruce Jones, who was acting as both County and Commonwealth Attorney in the case, was provided by Planning Development Inspector Kelly Parks. Parks showed photographic evidence of the property’s current condition as well as before and after photographic documentation.
Mr. Mathai’s main defense was that he was unaware that the contractor he hired was going to clear cut the 3 acres of trees up to the edge of the creek.
Mathai was found guilty and sentenced to 24 months in jail, with all but 40 days suspended, has to pay $1500 in fines (on top of the $10,000 civil fines he already paid), and also has to restore the damage to the ecosystem. The estimated cost of the restoration is $150,000.
Mr. Mathai must monitor and report on the restoration progress at his own expense. An administrative meeting has been set to review the restoration plan and progress.
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Thank you Wayne for reporting on this story and thanks to Bruce Jones for pursuing this case. The Wetlands board only has jurisdiction over a very small portion of what was cut and the fines associated with that violation are far too small to discourage similar violations. Hopefully, the additional charges will prove more of a deterrent.
It is always easier to ask forgiveness than it is to get permission especially when you know you will be told no. He is not the only person that has done a similar offense locally and it will happen again. We all know money talks. Heck, they are all probably golf buddies sharing ways to destroy our shores . What is done is done and he won’t spend one night in jail because he will appeal and the others before him didn’t go to jail either. Paying fines don’t mean anything to rich people who don’t like to be told no and are use to getting their way. I hope the damage he has done won’t cause flooding on his property or his neighbors property in the event of storms and tidal surges.
The good old boys network keeps churning on,the only justice will be done in the here after, more of daddy’s money paying the bill.
While I’m outraged at what Mathai did, I think jail time should ONLY be reserved for dangerous criminals!
He should have to do volunteer time, repairing eroded areas In Tangier, or somewhere that he can see first hand what is happening to our fragile shore.
Spare the Rod, Spoil the Child.
Perhaps jail time will deter other offenders from similar activities
Maybe there is another way to punish the wealthy ; make them forfeit some wealth . Trade 40 days in jail for a $40,000 donation to ShoreKeepers .
I, personally, think Tar and Feathers would work well. Once they have been properly applied, he could be run off The Shore as the citizens throw rotten fruit and vegetables at him. As for the women, Dunking Stools worked well, at least they did when women still had respect for themselves, their families and their last names.