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Deer Run Offroad Jeep Golf in Berlin hopes to reopen later this year. The site was shut down by the county following an inspection that reported several violations and levied $1,000 per-day fines. The county commissioners recently waived the fines.
By Josh Davis, Associate Editor
(Sept. 27, 2018) The Worcester County Commissioners last week agreed to waive thousands of dollars in fines charged to the Deer Run Offroad Jeep Golf in Berlin and a representative from the course said work was being done to reopen later this year.
The former Deer Run golf course was closed Aug. 20 because of a department of environmental programs inspection that cited several violations of the agreement that allowed the business to proceed.
An Aug. 23 inspection by the department of development, review and permitting added there were, “certain violations of the conditions of the special exception” granted by the Worcester County Board of Zoning Appeals.
A follow-up department of environmental programs inspection on Aug. 24 found “Little to no measurable stabilization has occurred on the property” and that jeep paths were observed “on all areas of the property, not just the jeep paths stipulated on the Board of Zoning Appeals exhibit.”
The report added excavation and “earth moving activities” were observed and photographed, that filling in of nontidal wetlands “may have potentially occurred” and would need to be reviewed by the Maryland Department of the Environment, and there were potential impacts to a forest conservation area.
Conditional approval to open the course was granted following a May 10 zoning appeals meeting. Stipulations of the agreement required that Jeeps “only be used on the golf course in lieu of golf carts and not for any other type of amusement or activity” and the course “shall never be used as a vehicle-oriented outdoor commercial recreation activity such as Jeep Week, Jeep Jamboree or otherwise.”
“There shall be no vehicle obstacle course of any kind … Jeeps must remain on the existing jeep paths,” the agreement said, adding in order to expand cart paths, “the applicant must first inform Charles Nichols and give the neighbors not less than 30 days to comment before submitting any such request to the Board of Zoning Appeals.”
According to the Aug. 24 department of environmental programs report, regulations allow fines of up to $10,000 per day with each continuing day constituting a separate violation. However, the department reduced the fine to $1,000 per day, starting Aug. 25.
Then, in a Sept. 20 letter to property owner Ed Colbert, County Chief Administrative Officer Harold Higgins said the fines would be waived altogether.
Higgins said the commissioners met and reviewed outstanding erosion and sediment control violations and fines on Sept. 18.
“After careful consideration of this matter, the county commissioners agree that these outstanding violations must be corrected as soon as possible in order for the stop work order to be lifted,” Higgins said in the letter. “However, since they would prefer for you to invest in the necessary improvements to your site to comply with all local laws, regulations and conditions of approval rather than County fines, the county commissioners have agreed to waive the current fines issued for violations.”
Higgins added the commissioners encouraged Colbert to take “the necessary corrective actions to alleviate these violations and to ensure proper planning to avoid any future violations of county laws, regulations and conditions or approval for the Deer Run Jeep Golf operation.”
“We trust that you will address these matters immediately to correct the violations and comply with local requirements so that you may resume operations of your business in Worcester County,” Higgins said.
Colbert, on Monday, said he was pleased by the commissioners’ decision.
“We’re working hard with the county to correct anything they think was wrong – that was our plan and that’s what we’re doing,” he said. “I really appreciate the commissioners removing the fine.”
Ideally, he said, the course would reopen “before the winter season.”
“Our plan at the beginning was to close in October, so we’re real close to that,” Colbert said. “But, we might have an event here or there.”
He added, “We’re trying to take the high road and we’re very pleased they’re working with us and they want us to get open. They’ve definitely been great with us – both the environmental group and the permitting group. They’re helping us and that’s a step in the right direction.”