2007 - 2008 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, its members are considered “employees” and are subject to the Ethics Laws.

Seven voting members are appointed by the County Executive and confirmed by County Council; two are appointed by the Mayor of Annapolis and confirmed by the City Council.  All nine voting members volunteer their time and work without compensation. Ex-officio members represent DNR, County Council, City Council and General Assembly.

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 20057and 2008.

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 2007 - 2008

POLICY

Although in 2005-2006 the SRC had difficulty in functioning as an advisory body because of lack of cooperation generated by the Office of Planning and Zoning, with the new administration the years 2007-2008 have resulted in absolute cooperation. This has made the work of the Commission easier and rewarding.

Since it is virtually impossible for nine volunteer members to focus on all issues affecting the Severn River watershed, this biennial report reflects efforts made to address what Commission members consider as most significant issues.

Where the SRC has failed is to hold all government agencies’ (state, county, city) feet to the fire in recognizing the Severn River as a Maryland government designated Scenic River. Although the emphasis to protect, preserve, and enhance the quality of the river and its watershed is written into State Code, the SRC has failed too often to point out the higher standard of a scenic river designation.

Although this was not the case in previous years, Mayor Moyer’s appointments to the SRC have been without delay these past two years. Ex-officio member Alderman Shropshire has especially brought attention to the City government’s environmental initiatives.

At the request of the Chair, Alderman Shropshire presided on November 2008 at the SRC meeting entitled “Annapolis Focus.”  This was the first time since SRC was created 23 years ago that an in-depth, City relevant, environmental presentation was made. Key city officials including Mayor Moyer were present.  A letter was sent to the mayor suggesting that because of the wealth of information provided, such a focus meeting become an annual or biennial event. The Commission depends on the Annapolis appointees for future guidance.

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.  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 former County Executive Owens charged the SRC to draft an Environmental Overlay Zone (EOZ) for the Jabez Branch watershed.  A committee was established to achieve that goal with the help of staff and research support of DPW Watershed & Ecosystems Services.  Several meetings were held with Planning and Zoning to coordinate efforts, and to discuss how the EPZ would fit into the General Development Plan.  The SRC met with Planning and Zoning Director Larry Tom and Councilman Jamie Benoit providing each with all material compiled by the Commission in order to bring the EPZ for legislative action.  Modifications are still being discussed for this proposed legislation.
2. Holladay Park – The SRC has been following for a number of years the proposed 120-acre, 70-home development located directly between the Left and Right Forks of the Jabez Branch.  Although the Office of Planning and Zoning had approved engineering plans for standard stormwater management for the site, the SRC played an important role in having the developer examine the benefits of the innovative Coastal Zone Outfall (CZO) concept of infiltration and groundwater recharge as an alternative to the standard plan.  The developer “took a leap of faith” in agreeing to the approach.  At the inauguration ceremony of the first of three CZO’s for the site, the SRC encouraged the county government to move away from approving standard stormwater management methods (which have proven to create more problems than good) and guide developers to embrace the CZO concept instead.  The SRC is encouraged by the engineering community’s response.
3. KCC Property – Ten single-family homes have been proposed on the 19.0 acre site draining into the Right Fork of the Jabez Branch.  The SRC requested the Watershed & Ecosystem Services to assess the current conditions of the site using the watershed management tool (WMT) and that Planning and Zoning use that information during the review process.  The SRC also wrote a letter to the County Executive advising that with the availability of the WMT to all reviewing departments, the utilization of the WMT be incorporated in the County Code.  Subsequently, the SRC received word that the WMT in the review process would be included in Article 17 Subdivision and Development Regulations.
4. Naval Academy Dairy Farm (NADF) – Chairman Vlavianos was appointed by the County Executive to serve as a voting member of the NADF Advisory Committee.  The Committee’s charge was to formulate a master plan for the 130-acre public access area called Hammond’s Connection.  While the SRC is interested in the overall concept of the plan, it is predominately interested in the environmental impacts.  The Commission has emphasized that whatever takes place on the acreage must result in improved water quality in Towsers Branch. The Advisory Committee’s work was completed in December 2008 with improvement in water quality given highest priority for the area. A meeting to introduce the recommendations to the public is scheduled for February 2009.
5. Route 3 Upgrade – The SRC continues to be concerned about impacts to the Jabez Branch when upgrade of Route 3 takes place.  The State Highway Administration (SHA) assured the Commission in April 2007 that the SRC would be able to make comments on the final environmental review document as well as on the final design. Funding is not currently available for the engineering phase and no further information has been received.

GENERAL DEVELOPMENT PLAN (GDP)

Member Dr. Sally Hornor was appointed by the County Executive to represent the SRC on the Special Advisory Committee (SAC) to the Planning Advisory Board (PAB). Recommendations made by the SRC and passed to the SAC included:

1. Make the use of the Watershed Management Tool part of the GDP document.
2. Include the Jabez Branch Environmental Overlay Zone policy language in the GDP document.
3. Address the projected forest cover loss for the watershed (reduced from 33% to 6%) based on current zoning.
4. Include no net loss of forest cover language in the GDP.
5. Recommend reversing the steep slope definition from 25% to 15%.
6. Require 100-foot reparian buffer for all non-tidal streams.

The Commission is awaiting review of the final document and will comment accordingly.

Since Maryland tightened the Critical Area Law, the County legislation must at least reflect the State requirements.  SRC members Schomig and Hornor are part of a special citizens group discussing the County Critical Area legislation that is now being revised. The SRC will continue to be engaged.

Certain portions of the Severn River have historically recorded high coliform counts especially after rain events. It is believed failing septic systems contribute significantly to the high levels. With the availability of “flush tax” funds to the county for septic system upgrades, the SRC believes a more pro-active approach by the AACo. Health Department and education of the public is an absolute must.

SRC member Whitcomb has taken on the job of following the efficiency and effectiveness of the program by personally applying for an upgrade of his septic system. He submitted the application in September 2008, but did not get an on-site inspection from the Health Department until mid December, and the application is still pending.

The SRC testified in support of Bill 84-08 which would require upgrade to nitrogen reducing septic system when replacing conventional septic systems in the critical area and bog protection areas. The measure failed to be approved.

In 2005 the SRC advised MDE that the proposed private dredging of a natural habitat area such as Fox Creek for recreational boaters should not be allowed especially where there is no evidence of overwhelming public benefit.  Because of conflicting information presented by proponents and opponents of the project, the issue dragged on for several years. The Board of Public Works held a hearing in December 2008 with the SRC Chair testifying against the dredging.  The project was, nevertheless, approved.

The SRC’s concern about the unreliability of using antibiotic resistance patterns as the source tracking method for bacterial loading in establishing the TMDLs within the Severn River, did not receive favorable response from MDE.  No other methods are being utilized to establish coliform TMDLs.

The SRC wished to testify in front of the County Council but for unexplained reasons was not given the opportunity. Instead and email was sent outlining SRC’s recommendations:

1. Double the impact fees on new development.
2. Eliminate the impact fees for redevelopment if environmental conditions are improved beyond standard requirements.
3. Reanalysis be made by a qualified outside consultant on the adequacy of the proposed plans.

Impact fee legislation was approved by the County Council but did not include any of SRC’s recommendations.

For a number of years the SRC has recognized the damage created by impervious surfaces on receiving streams despite the utilization of approved stormwater runoff technology. In November 2007 the SRC testified in front of the County Council in support of Bill 76-07.

The bill was not approved, however, and may be reintroduced at a later date. The SRC feels very strongly that in order to address the backlog of stormwater management related problems in the county, a dedicated fund must be set aside to repair damages of the past.

The SRC Chair requested the AACo. Ethics Commission to determine if a voting member of the SRC employed by the Naval Academy may participate in SRC discussions dealing with the future of the Naval Academy Dairy Farm. The Ethics Commission responded that the member cannot participate in any way in such deliberation.

In October 2007 the SRC called for a closed executive session to be briefed by County Law Officer Jonathan Hodgson on:

1. Critical Area legislation
2. Regulatory takings
3. Variance granting process
4. Role of SRC at hearings

It was an educational session that exposed the Commission members to the understanding of legal limitations.

A letter was sent to the County Executive, County Council, Chesapeake Bay Foundation and City of Annapolis supporting the oyster reef restoration in Asquith Creek and encouraging that funding and expansion of such projects throughout the Severn River be continued.

The SRC testified in support of establishment of easements in Herald Harbor through the Crownsville Conservancy for 192 lots approximately 25’ by 100’ all totaling 10.4 acres.  The County Council passed favorable creation of the easement.

Representatives of PROPO were invited to the SRC to explain their position on code enforcement and infringement on property rights. While the presentation was stimulating and the SRC is willing to stay engaged in discussions, the Commission is not willing to become embroiled in the topic of property rights.

The website is hosted by Anne Arundel County. Monthly meeting minutes and biennial reports as well as information relevant to the Severn River and its natural resources are also posted. For 2007-2008 the website was visited 42,280 times according to County records with pollution, history and minutes being the most popular.