Birdhill subdivision (outlined in yellow) showing former orchard area (green)
The Birdhill Meadows subdivision in Kearneysville includes a 35-acre former orchard (image above) that has detectable levels of residue from the arsenic-based pesticides that were used in the orchard until it ceased operation in the 1970s. The developer, Lennar/U.S. Homes LLC, has negotiated a voluntary agreement with the West Virginia Department of Environmental Protection (WVDEP) to remediate this contamination.
The focus of the remediation plan is the former orchard site. In the plan for the subdivision, this area is designated for a stormwater pond and recreation/open space use (image below).
On January 13, Andrew Hendricks, the remediation specialist hired by the developer, gave a presentation to approximately two dozen residents during a public meeting at the Shepherdstown Public Library. During the meeting, Hendricks and his team described the results of their analysis and summarized the plan for remediation. The main component of the plan is to control any soil that is disturbed by construction activity within the boundaries of the storm water management and open space areas (i.e. keep the soil inside of those areas and away from the residential lots).
Representatives from the WVDEP who also participated in the January 13 meeting described the characteristics of the contamination, noting that most of the arsenic has already leached off the site since the 1970s and that its ability to be absorbed by plants or animals is low (in technical terms, the bioavailability is 22%). As part of the analysis, the WVDEP performed risk assessments for various scenarios that indicate the planned recreation area could be used for passive activities (e.g. walking trails) but would not be recommended for intensive use (e.g. playgrounds or ball fields).
Remediation Concerns Not Shared with Planning Commission
According to project records provided in response to The Observer’s FOIA request, Lennar/U.S. Homes submitted its application to WVDEP for the remediation program in March 2024. The company’s local engineering firm, Integrity Federal Services, presented the concept plan for the site to the Jefferson County Planning Commission two months later, in May 2024.
During the May 2024 meeting, the Integrity representatives, Brooke Perry and Mark Dyck, discussed two waivers that were being requested for the project — a reduction in the block length and a reduction in the minimum frontage — to allow for smaller lots. They argued that the waiver allowing smaller residential lots would enable the developer to include the large open space area at the center of the subdivision as a benefit to residents. They did not disclose the arsenic contamination of that open space area or the remediation plan application at that time.
Public Comment Open Until January 31
The WVDEP representatives said the Site Assessment Report (May 12 2025) and Remedial Action Workplan Report (Oct 10 2025) explain the analysis of the site and the proposed remediation (click on the links to download these files which were provided to The Observer. Public comment can be submitted to the WVDEP project manager Matt Gadd (william.m.gadd@wv.gov) until 5:00 pm on January 31 (this deadline was extended from the original deadline in response to questions raised by The Observer and participants in the January 13 meeting).
Published in the Observer Weekly, 2026 Jan 15.
By Steve Pearson