2005 - 2006 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 2005 and 2006.

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."

AGENDA 2005 - 2006

POLICY

In the last four years, but especially the last two, the Commission had difficulties in functioning as an advisory body. A number of attempts to obtain information from the Office of Planning and Zoning on issues of concern to the Commission resulted in indirect obstructions, red tape or lack of cooperation. This frustrating situation resulted in the resignation of the Vice-Chairman and the need for the Chairman to appeal directly to the County Executive for support. Since then the Commission has enjoyed cooperation.

Since its establishment, the protection of the Jabez Branch has been a priority of the SRC. While the Commission deals primarily with policy matters, it has devoted considerable time and effort to projects that impact directly the Jabez Branch subwatershed and its naturally reproducing brook trout. The Jabez Branch is small and especially sensitive to warm water discharges, sedimentation, poor water quality and decreased base flow. A recent study, entitled "Eastern Brook Trout: Status and Threats," of the distribution of brook trout in the Atlantic coast states confirms that the Jabez Branch is the only coastal plain stream supporting a brook trout population from Florida to Long Island. As development pressure continues to grow near the Jabez Branch, the Commission recognizes the need to closely monitor and, where appropriate, become involved in matters that affect the Jabez Branch subwatershed as discussed below.

1. Environmental Overlay Zone – In April 2006 the County Executive charged the SRC to draft an Environmental Overlay Zone for the Jabez Branch watershed.  Work began immediately and is ongoing with the cooperation and assistance of the Office of Environmental and Cultural Resources. The goal is to find reasonable and effective means to preserve and maintain the existing trout population in an urban setting.  Supporting evidence suggests minimum standards of protection as established for Class III streams in Maryland are ineffective and implementation of stricter standards specific to a coastal plain environment may be necessary. The SRC is continuing to complete the assignment.
2. Naval Academy Dairy Farm – In 2004 the proposal by the Maryland Stadium Authority to create a horse park as an alternative use for the dairy farm raised concerns for the Commission. The Authority’s draft map showing what it envisions for the 875-acre property raises serious questions particularly regarding the amount of impervious surfaces that would replace the existing farmland. In January 2006, the Commission sent a letter to the County Executive expressing the Commission’s concerns and urged that the Administration “conduct a very thorough and searching review of the Feasibility Study currently under way. Any glossing over of the potential environmental or fiscal impacts is unacceptable.” The release of the Feasibility Study has not allayed the Commission’s concerns because of the lack of specificity in how the environmental impacts will be addressed. When an Environmental Impact Statement is available for this or other alternative use proposals, the Commission will review it carefully and make comment.
3. Holladay Park – The SRC has been following the proposed 120-acre, 70-home development situated directly on the arms of the Left Fork and Right Fork of the Jabez Branch. The Commission has facilitated a number of meetings between the developer and County and State agencies to come to an agreement on how the property could be developed with minimum impact on the Jabez Branch.  Although the Anne Arundel County Office of Planning and Zoning (P&Z) has approved engineering plans, the developer has volunteered to have the plans re-examined by several environmental consulting establishments. The Department of Natural Resources Fresh Water Fisheries Division, Environmental Review Division, the County Department of Public Works and the SRC have come to the consensus that, short of having no development on the site, what is being proposed is likely the best and innovative stormwater management reasonably available for infiltration and groundwater recharge. The developer is willing to utilize this technology and the Commission will continue to monitor and, where appropriate, comment on this project.
4. Kaufmann Park II – This 1.23-acre parcel draining into the Right Fork of the Jabez Branch was split zoned in 1989 into C3 and RLD including a specifically designated 50-foot buffer to protect the Jabez Branch. As plans for a commercial development proceeded in 2005, the Commission was assured by the Office of Planning and Zoning that the 50-foot wooded buffer would not be disturbed. Nevertheless, as P&Z was ready to approve the plan, the Commission discovered that the 50-foot buffer was being utilized for sediment control and stormwater management facilities. The Severn River Commission challenged that decision and appealed directly to the County Executive. Engineering plans were revised leaving 36.4 feet in permanent forest conservation easement recorded in the Land Records of Anne Arundel County. A fully vegetated berm would absorb the remaining 13.6 feet. The Commission was satisfied with the arrangement.
5. Maryland Route 3 – In 2001 a Commission member was included in a Focus Group of community and State Highway Administration (SHA) experts planning improvements to MD Route 3. In June 2004 the Commission wrote a letter to SHA choosing Alternative 3, Option A as the most viable and least disruptive alternative for the Route 3 and Route 175 interchange. At the same time the Commission questioned “the lack of specificity regarding the potential environmental impacts associated with each improvement option discussed in the Draft Environmental Impact Statement.” Specific to that point, SHA replied it will continue working with environmental and regulatory agencies to develop mitigation plans for impact on the Jabez Branch if a build alternative is selected. The Commission awaits further information on which option has been chosen and how Jabez Branch will be protected.
6. KCC Property – In 2004 this property of 19.0 acres was rezoned from RLD to R1 against the recommendation of the SRC. Since then ten single-family homes have been proposed.  The Commission is concerned with the possible impacts on the Right Fork and will review the project as plans are made available.
7. Groundwater Recharge Study – The Commission was made aware of a long term three-phased, comprehensive assessment conducted by U.S. Geological Survey, Maryland Department of the Environment (MDE) and Department of Natural Resources (DNR) of the Maryland’s Coastal Plain aquifer system. In November 2006, the SRC requested that: a) because of the dependence of the brook trout on a consistent supply of cold water through underground springs, b) because of threat to the springs as a result of future development and increased impervious surfaces, and c) because of the limited groundwater recharge data available for the area, that the Jabez Branch subwatershed be considered as a candidate for part of the groundwater study. The request has been received favorably.

SEVERN RIVER WATERSHED MANAGEMENT MASTER PLAN (SRWMMP)

Since 2003 the Commission has been actively involved and following the progress of the watershed study. The Commission feels that although the study was done to assist in meeting National Pollutant Discharge Elimination System (NPDES) regulatory obligations, the addition of a watershed management tool capable of modeling scenarios has enhanced the ability of planners to assess land use changes. For the future, the Commission encourages changes in the County Code to include the study’s legislative recommendations, and the utilization of the tool in the review process.

The Commission considered the way the rewriting of the Zoning and Subdivision regulations were handled by P&Z as an affront to the public. The closed, tightly controlled internal process by which P&Z crafted the legislation forced the Commission to seek the Administration’s intervention with the result that P&Z withdrew the section dealing with steep slopes for further review and consideration. Subsequently, public input was accepted and modifications to the steep slope language passed the County Council. In a letter of June 2005 to the Chief Administrative Officer, the Commission advised that if the same tightly controlled process was repeated with the rewriting of Section 21, “even more divisiveness and contention will be generated between the public and the Administration.”  Section 21 review is proceeding, but to the Commission’s knowledge no public participation is included. The Commission hopes that this will be reversed with a new Administration.

The Commission questioned the proposed change in the subdivision regulation dealing with appeals to the Board of Appeals. The Commission spoke in front of the County Council against disallowing re-litigation of cases and the presumption of correctness by P&Z. Ultimately the rebuttable presumption clause was removed from the bill.

In a 2005 memo sent to the Office of Law with comments on Article 21, the Commission wrote that overall the grading and sediment control ordinance is basically sound; however, “unless commitment to the requirements outlined in Article 21 are strictly enforced, no amount of rewriting of the ordinance will make any difference.”  The Inspections & Permits Director disputed that statement.

Of the nine voting SRC members, Annapolis is entitled to two voting and one non-voting ex-officio appointments.  The Commission has been disappointed with the length of time it has taken the City to appoint its representatives. The lack of representation resulted in missed opportunities for the Commission to be properly engaged in City-related environmental issues. Since April 2006, Annapolis is represented by two voting members. The ex-officio seat has been vacant since December 2005.

Current members report on major activities of the Environmental Commission as well as projects involving citizen participation. The Commission was asked to serve on the City’s Critical Area legislation rewrite committee.

The Commission supports conditionally the establishment of a dedicated fund for restoration of watershed projects. It does feel, however, that the proposal does not go far enough in assuring that watersheds maintain their function and integrity for the foreseeable future. It can do so only when coupled with greater control over the development process and careful land use planning. This view was outlined in a letter to the County Executive in September 2005.

In 2005 the Commission questioned the wisdom of transferring 67 acres of the Severn Run Natural Environmental Area managed by DNR to the Department of Veteran Affairs for conversion into a cemetery. The property was, however, transferred and over time the existing natural woodland will change into cemetery lawns.

In 2005 the SRC took the position that development of 22 acres on steep slopes near the headwaters of Saltworks Creek into seven single-family homes would not protect and enhance the creek nor the Severn River as required by State and County Critical Area laws. This issue is still unresolved.

In 2005 the SRC advised MDE that dredging of a natural habitat area such as Fox Creek for recreational boaters should not be allowed, especially when there is no evidence of overwhelming public benefit. The issue centered around the desire of several new waterfront homeowners to access deeper water in an area that was never dredged. The Board of Public Works approved the project. Pertinent information such as the recommendation of the SRC was deleted by MDE forcing MDE to call for a fresh review of the request. The issue is still unresolved.

In recognizing the countywide implication on enforcement of Critical Area laws with granting of retroactive variances, the Commission wrote letters to the Administrative Hearing Officer and the Critical Area Commission advising that granting such a variance would undermine the permitting and environmental review process throughout the County. This case is still unresolved.

SRC WEBSITE

The website is hosted by Anne Arundel County. It describes the Severn River, its natural resources and the activities of the SRC through posting of monthly meeting minutes. Links are provided to relevant sites. In 2005-2006 the website was visited 29,855 times according to County records.