2002 - 2004 Biennial Report

INTRODUCTION

The Severn River Commission (SRC) was established in 1985 by Resolutions of the County Council of Anne Arundel County, Maryland, and the Annapolis City Council, and extended indefinitely in 1989. In 2000 the Anne Arundel County Ethics Commission concluded the Commission is a County agency and its members are subject to the Ethics Laws.

The Severn River Watershed, by definition the specific waterway of the Severn and the land which drains into it, has been specified for the purposes of the Commission to include the area from the headwaters to a line from Sandy Point to Tolly Point.

The Severn River Commission, designated to "provide counsel and advice to Anne Arundel County, the City of Annapolis, and the State of Maryland on environmental and other matters within the Severn River Watershed," focuses on study of and recommendations on policies, rules and regulations to protect the Severn River and its watershed, including comments on relevant existing State, County and City procedures.

The required biennial reports, submitted to the Anne Arundel County Council and the Annapolis City Council, outline the activities and accomplishments of the Commission for 2003 and 2004.

COMMISSION ACTIVITIES

In its role as advisory body to State, County and City activities, the Severn River Commission has been involved in legislative, policy and regulatory procedures concerning critical and decisive issues affecting the well?being of the Severn River, its watershed and residents.

As outlined in the Commission’s bylaws, the considerations in "environmental matters shall include but not be limited to natural resources, water and air quality, groundwater, noise, energy sources, wildlife, and other natural aspects of the environment, and the relationship of health to ambient environmental quality."

Since the Anne Arundel County Ethics Commission concluded that the Severn River Commission is a County Commission and its members are county employees, the Commission has operated on the premise that it is a county “agency.”  It has had no difficulty in functioning as such and has enjoyed extensive cooperation throughout the county government. Nevertheless, in May 2003 the Commission was surprised to learn that the Planning & Zoning Officer viewed the Commission members simply as the “public.”  Although this has not interfered with the Commission’s work, it has on several occasions caused the Commission to go directly to the County Executive’s office for results on topics that should have been addressed within the Office of Planning & Zoning.

Of the many issues that have engaged the SRC, none has consistently interested its members more than issues affecting the Jabez Branch.

1. Environmental Overlay Zone - The Commission was instrumental in having language for an Environmental Overlay Zone (EOZ) adopted in the Odenton Small Area Plan. Despite the Commission’s urging in a letter of August 2004 to the Office of Planning & Zoning to proceed with the necessary mechanisms to implement the EOZ, the response has disappointing citing lack of resources and personnel at this time. The Commission intends to pursue this topic until there is full implementation, no matter how long it takes.
2. Holladay Park – The Commission has been closely following the proposed 120-acre development of Holladay Park situated directly on the arms of the Left Fork and Right Fork of the Jabez. The Jabez Branch is recognized by authorities as the only naturally reproducing brook trout stream in the coastal plan of Maryland.  The numerous informational meetings, sketch plan reviews and discussions with the developer have thus far not resulted in final plan approval. Because of the complexity of the topography and the sensitivity of the area, in September 2004 the Commission requested that a PLOAD model analysis of the area be done to help determine the potential pollution loading from runoff into the receiving streams. In October 2004 a letter was sent to Planning & Zoning outlining issues that need to be addressed prior to issuing the permits. They were:  nutrient impact on receiving streams, thermal impacts from runoff, changes in hydrology and hydraulics and groundwater recharge.
3. Route 3 Upgrade – A Commission representative has been actively participating in the State Highway Administration (SHA) Taskforce reviewing possible alternatives for Route 3 improvements in the northern terminus within the sensitive Jabez Branch watershed. Because of the negative impacts of previous road construction along the Jabez, the Commission determined that Alternatives 3B and 5B were unacceptable. A letter was sent to SHA in June 2004 reiterating SRC concerns. No decision by SHA has been reached.
4. Beaver Dam – At the request of DNR Freshwater Fisheries Division, the Commission facilitated the coordination of the several state and county departments to have an established beaver dam removed from the Left Fork. It was determined the dam was creating flooding and scouring problems that were undermining the natural habitat of the brook trout population. The beavers were trapped, relocated and the dam removed.

SEVERN RIVER WATERSHED MANAGEMENT MASTER PLAN (SRWMMP)

During 2003 and 2004 the SRC continued to be an active participant by attending the review meetings between county staff and the consultants as the study progressed. The Commission has heartily supported the study and in January 2003 and March 2004 urged the County Executive to continue funding the SRWMMP study pointing out the benefits of the study in future land use planning.  In March and December 2004, Mary Searing, Watershed Management Administrator made presentations to the Commission on progress and details of the study.

An extensive review of the draft zoning regulations began with the availability of the draft changes in early 2004.  In April 2004 Planning & Zoning personnel gave the Commission a comprehensive overview to the code revision.  In May 2004 the Commission made written comments to Planning & Zoning.

In September 2004 with the availability of the draft Subdivision Regulations on the web, the Commission began studying the changes but had difficulty in sorting out what was changed, eliminated or added. Private citizens’ groups expressed similar confusion. After months of analysis, testifying in front of the County Council and extensive dialogue with private citizens, the Commission narrowed down its list of concerns in the draft subdivision regulations to “steep slopes.”  With the cooperation of the County Law Office and the County Executive’s Office, the Commission endorsed the mutually agreeable language to better define the restrictions on steep slopes.

ODENTON TOWN CENTER (OTC)

In May 2003, the Commission was briefed by the consultant for the OTC on the revisions to the overall development plan. The Commission was gratified that the number of non-tidal acres that would be impacted by the development was reduced. As the project moves through the review process, the availability of modeling and utilization of the GIS tool should provide additional information how to correct the seriously degraded streams that drain into Severn Run.

In March 2003 the Commission wrote a letter to the County Council expressing strong opposition to the expansion of the Parole Growth Management Area with rezoning of the Brilliant Property on the north side of Bestgate Road. As participants in drafting the 1994 Parole Growth Management Area Plan, the Commission was intimately familiar with the purpose and intent of retaining the designated boundaries. As a further point, the Commission Chairman was again invited in 2000 to participate in the Parole Growth Management Plan Committee to draft revisions to the 1994 Plan. The Commission has been disappointed that thus far the report submitted by the Committee has not been adopted by the County Council. In March 2004 the Commission wrote a letter urging the County to expedite adoption of the Plan.

The Commission was periodically briefed on the proposed bridge construction on Weems and College Creeks as well as improvements at the Naval Academy Stadium.

With the departure of Annapolis representative Steve Linhard from the Commission in May 2004, there has been one Annapolis voting member vacancy on the Commission. Of the nine Severn River Commission members, Annapolis is entitled to two appointments.

The SRC premiered its website in 2000, hosted by Anne Arundel County. It describes the Severn River, its natural resources and the role of the Commission. Although accurate numbers are not available for the year 2003, in 2004 the SRC website was visited 2,437 times.

As a member of the Critical Area Workgroup reviewing the required four-year program, in July 2003 the Commission submitted its recommendations on growth allocation, shoreline erosion and enforcement.

LIVING SHORELINE INITIATIVE (LSI)