The Project: By the Numbers
Wilderness Crossing is a proposed 2,600-acre mixed-use development at the intersection of Routes 3 and 20 in eastern Orange County, adjacent to the historic Wilderness Battlefield. If built as approved, it would fundamentally transform one of the most historically significant areas in Virginia.
The site abuts core areas of the Wilderness Battlefield and includes 411 acres identified by the National Park Service as within the historic battlefield boundaries—where more than 160,000 Union and Confederate soldiers clashed in May 1864 during the first confrontation between Generals Ulysses S. Grant and Robert E. Lee.
The Players: Who's Behind It
The Developer
KEG Associates III is the entity overseeing the rezoning process. The principals include:
- Kenneth "Kenny" Dotson — Local business owner and KEG Associates III representative
- Charles W. Payne Jr. — Attorney with Hirschler Law Firm's Fredericksburg office, legal representative for the project
The Landowner
Charles "Chip" King owns the land holdings that make up the Wilderness Crossing site. King submitted the initial zoning map amendment applications in March 2021.
The Hidden Partner: Amazon
While Amazon's name never appeared on official applications, a FOIA lawsuit by the Piedmont Environmental Council revealed that Amazon has been behind at least one aspect of the project since April 2022. Internal county emails referenced the project as "Project Tricycle"—a codename for Amazon's involvement.
The Secret Agreements
Beginning in April 2022, Amazon requested that certain Orange County officials sign Non-Disclosure Agreements (NDAs). According to documents obtained through FOIA:
⚠️ 10 County Officials Signed NDAs
Ten local officials signed NDAs "for the benefit of Amazon.com, Inc. and its affiliates," including four of five members of the Board of Supervisors and county staff.
The supervisors who signed the NDAs then voted to approve the rezoning. The one supervisor who did not sign? The only "no" vote.
According to FOIA documents, Amazon specifically requested that only officials who signed NDAs be privy to project discussions. Someone at the county level acted as gatekeeper, even excluding planning commissioners who asked to be included.
The Contaminated Land
The Wilderness Crossing site includes numerous unreclaimed gold mines—mines that have never been closed off and cleaned up. The largest is the Vaucluse Mine, which at one time produced more gold than any other mine in Virginia.
☠️ Known Contaminants at the Site
- Mercury — damages brain and nervous system
- Arsenic — causes cancer
- Cadmium — damages kidneys and bones
- Lead — damages brain, especially in children
- Cyanide — poison used in gold extraction
A 1988 state inspection found "severe" mercury contamination at the Vaucluse Mine and recommended investigating for potential Superfund cleanup. It was never cleaned up. The tailings pit is likely still leaching toxic chemicals into nearby waterways.
The Rapidan River along this property is listed as impaired due to mercury in fish tissue.
The Loophole
The developer agreed only to "enter" Virginia's Voluntary Remediation Program—not to complete it. This means they can file paperwork, do minimal work, and technically fulfill their commitment without ever fully cleaning up the site.
💡 A Missed Opportunity
If Amazon—a trillion-dollar company—wants to build data centers on contaminated land, Orange County could have required complete remediation as a condition of approval.
Instead, residents may end up living on, working on, and shopping on land that was never properly cleaned—or taxpayers could be stuck with the bill.
The Opposition: Near-Unanimous
At the April 25, 2023 public hearing, 37 people spoke—all in opposition. Not a single member of the public spoke in favor of the rezoning.
A community survey of approximately 200 respondents showed 98% opposition to the project.
Despite this, the Board voted 4-1 to approve.
Organizations Opposing the Project
- American Battlefield Trust
- Central Virginia Battlefields Trust
- Friends of Wilderness Battlefield
- Piedmont Environmental Council
- National Parks Conservation Association
- National Trust for Historic Preservation
- Coalition to Protect America's National Parks
- National Park Service (submitted letter of concern)
In May 2024, the National Trust for Historic Preservation named Wilderness Battlefield one of the 11 Most Endangered Historic Places in America—specifically because of this development.
The Timeline
KEG Associates III submits initial rezoning applications to Orange County.
An unnamed "prospect" (later revealed to be Amazon) inquires about transmission lines near the property for 50-60 MW power load.
County staff work with developer to adjust land use maps to allow more industrial acreage than originally proposed. Internal emails reference "Project Tricycle."
Amazon requests NDAs from county officials. Ten officials sign between April and October, including four of five supervisors (Johnson, White, Crozier, and Frame). The one who refuses: Keith Marshall.
Amended submission adds data centers as a by-right use in revised land use charts.
Planning Commission recommends approval. A 5-million-square-foot cap on data centers is included in proffers.
Board of Supervisors votes 4-1 to approve. The 5-million-square-foot cap is removed from the final proffers between the Planning Commission vote and Board vote. 37 people speak in opposition; none in favor.
American Battlefield Trust, Central Virginia Battlefields Trust, Friends of Wilderness Battlefield, and local homeowners file lawsuit challenging the rezoning.
PEC files FOIA lawsuit against Orange County for withholding NDA documents.
Orange County surrenders NDA documents to avoid court hearing. Amazon's involvement confirmed.
National Trust for Historic Preservation names Wilderness Battlefield one of 11 Most Endangered Historic Places.
Demurrer hearing held. Defendants attempt to have case thrown out.
Judge David B. Franzén rules that 4 of 7 counts may proceed to trial. Major victory for plaintiffs.
The Court Ruling
On September 16, 2025, Circuit Court Judge David B. Franzén issued a 17-page ruling rejecting attempts by Orange County and the developers to throw out the lawsuit. Four of seven counts will proceed to trial.
The remaining counts challenge the rezoning process, public hearings, and equal taxation of land. A trial date has not yet been set.
Orange County's Response
In a statement following the ruling, Orange County stated:
What's at Stake
| Impact Area | What the Project Means |
|---|---|
| Historic Resources | Development adjacent to where 30,000+ soldiers died in 1864. Structures would dwarf the natural scene. |
| Traffic | 47,000+ daily vehicle trips on rural roads. Routes 3 and 20 already congested. |
| Water | Massive demand on drought-vulnerable Rapidan River. Data centers require millions of gallons for cooling. |
| Power | New transmission lines likely required. Only one 500kV line currently in eastern Orange County. |
| Environmental Health | Mercury-contaminated land. Potential for toxins to leach into groundwater and rivers. |
| Transparency | Decisions made behind NDAs. Public excluded from discussions before approval. |
Where Are They Now?
Of the four supervisors who signed Amazon NDAs and voted to approve Wilderness Crossing, none remain in office:
- R. Mark Johnson (District 1) — Term ended December 2025. Replaced by Jason Capelle.
- Jim White (District 2) — No longer in office. Replaced by Ed Van Hoven.
- Jim Crozier (District 4) — Retired July 2023. Replaced by Crystal Hale.
- Lee Frame (District 5) — No longer in office. Replaced by Bryan Nicol.
Keith Marshall (District 3)—the only supervisor who refused to sign an NDA and the only "no" vote—remains on the Board.
Several county staff who signed NDAs remain in their positions, including Josh Frederick (Planning and Zoning Services Manager).
What Happens Next
The lawsuit challenging the rezoning will proceed to trial. Key issues include:
- Whether the rezoning process violated Virginia law
- Whether public hearing requirements were met
- Whether the last-minute removal of the data center cap was proper
- Questions about equal taxation of the land
Meanwhile, the developer could begin construction on portions of the project. The lawsuit seeks to void the rezoning entirely—which would reset Wilderness Crossing to its previous agricultural and residential zoning.
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This story isn't over.
Sources: This report draws on documents obtained through FOIA by the Piedmont Environmental Council, court filings in Orange County Circuit Court, reporting from the Daily Progress, Fredericksburg Free Lance-Star, Star-Exponent, and Virginia Mercury, official statements from the American Battlefield Trust, National Trust for Historic Preservation, and Orange County government, and public meeting records. All facts are sourced from public documents.