Regular Monthly Meeting August 7, 2008

Members Present:

Lina Vlavianos, Chair
Charlotte Lubbert
Jeff Schomig
Michael Shultz
Debra Smith
Bob Whitcomb
Virginia P. Clagett, MD House Delegates (Ex officio)
Scott Hymes, MD DNR (Ex officio)
Veronica Jagoe for AACo.Councilman Benoit (Ex officio)

Guests and Staff:                                   

Rodger Frankhoff, Guest
Pierre Henkart, Severn Riverkeeper Program
Albert Johnston, Greater Severna Park Council
Fred Kelly, Severn Riverkeeper
John Page Williams, Chesapeake Bay Foundation
Brenda Reiber, AACo. County Executive’s Office
Brenda Weeks, AACo. DPW/WESR

Absent:

Dave Hanson
Sally Hornor, Vice ChairJoe Rubino
Sam Shropshire, City Council (Ex officio)

CALL TO ORDER

Chair Vlavianos called the regular monthly meeting of the Severn River Commission (SRC) to order at 4:07 p.m. in the Severn Room, 2664 Riva Road, Annapolis, MD.  A quorum was present.  The guest speakers were introduced and welcomed.

Mr. Pierre Henkart, Severn Riverkeeper Program, and Mr. John Page Williams, Chesapeake Bay Foundation, were invited to address the “State of the River.”  Mr. Henkart, once a SRC member, has more recently been working with the water quality monitoring program in the Severn.  He began the discussion by reviewing information about dissolved oxygen (DO), the focus of his presentation.  Oxygen is abundant in the air and will dissolve in surface waters, but problems arise in deeper water where there may be a limit to the way the water is mixed with the surface water.  In the deep-water areas of the Bay, decomposition of spring algae blooms causes bottom waters to become anoxic during much of the summer.  The decomposition process removes oxygen from the water.  The “dead zone,” which develops every year in the spring, reflects a very real phenomenon that is considered by many to be the chief problem in terms of environmental habitat issues for the Chesapeake Bay.  Maryland DNR uses the Severn River monitoring station, located near the Route 50 Bridge, to measure water quality once a month. 

The Severn Riverkeeper water quality monitoring program was set up in 2006. Measurements are limited to the tidal Severn where most of the activities occur.  In addition to DO, water clarity, salinity (important to show water movement), larval yellow perch (early spring in upper Severn), and temperature are measured.  Measurement readings are taken at a series of monitoring sites and at various depths.  Data collected in June/July near the Route 50 Bridge generally shows good oxygenation at the surface but at lower levels there is a gradual decrease in oxygen.  Up the Severn at Round Bay there is good oxygenation at the surface but about half way down the oxygen starts to decline dramatically.  By the middle of June the bottom waters are seriously anoxic most of the time.  The monitoring stations in the creeks off of Round Bay and the middle of the Severn generally are not as anoxic.   DO levels in Round Bay and Asquith Creek were monitored more intensively, in conjunction with measurements of hydrogen sulfide and benthic organisms. The presence of hydrogen sulfide is a confirmation that the bottom layer of Asquith Creek and Round Bay area are anoxic. 

Dissolved oxygen measurements indicate that the Round Bay area has been identified as suffering from extensive bottom anoxia during the last three summers.  This means the organisms that live at the bottom will be killed off by low oxygen conditions.  Other data suggests this problem goes back for at least a decade.  Bottom anoxia of this type is not seen in any other tributaries of the Chesapeake.  Much of the water in the rest of the Severn is hypoxic, but not critical enough to cause death.  Mr. Williams addressed how weather affects DO profiles up and down the river and described the restored Severn River oyster bars.  Mr. Williams also described the oyster restoration project in progress in Asquith Creek.  Submerged Aquatic Vegetation (SAV) in the Severn was very good in the 1970s, disappeared during the 80s and came back in 1994 in the Severn and has basically continued to do well.  There is a steady correlation between water clarity and the growth of SAVs.

Henkart extended an invitation to SRC to join the monitoring team.  He thanked all the people involved who made the monitoring program possible.  Vlavianos thanked Mr. Henkart and Mr. Williams for their informative and interesting presentation.

MINUTES

The Minutes for the July 10, 2008, regular monthly SRC meeting was presented for approval.  Hymes requested an addition be made to the Minutes under New Business/Sullivan Cove Piers, paragraph one, sentence one to read “Hymes testified as a citizen at a MDE public hearing . . . .”

MOTION:  A MOTION, TO APPROVE THE MINUTES FOR THE JULY 10, 2008, REGULAR MONTHLY MEETING OF THE SEVERN RIVER COMMISSION WITH THE ABOVE ADDITION, WAS MADE BY LUBBERT AND SECONDED BY SCHOMIG.  THE MOTION WAS PASSED BY UNANIMOUS VOTE AND THE MINUTES WERE APPROVED AS CORRECTED.

ANNOUNCEMENTS / CORRESPONDENCE

1. Hornor and Hanson were away on vacation, and Rubino was absent.
2. Vlavianos sent letters to Fran Phillips and Ed Peters, AACo. Health Department; and Jay Prager, MDE, thanking them for addressing septics issues at the July SRC meeting.
3. On behalf of SRC, Schomig’s letter encouraging the County to support the creation of oyster reefs in the Severn was sent to the County Executive with copies to Councilman Vitale, Mayor Moyer (City), and the Chesapeake Bay Foundation.
4. Hymes noted he had applied for a nitrogen-removing system and will keep the Commission updated on the progress of the application and how the process works.

OLD BUSINESS

Special Committees Reports:

Critical Area Legislation (CA)

Schomig thanked SRC members for their helpful advice to changes in the letter he drafted supporting oyster restoration in Asquith Creek and generally in the Severn.  Following a brief discussion, it was emphasized that artificial reefs in Maryland have successfully created additional shellfish and finfish habitat. Given the staggering costs of addressing the many serious issues impacting water quality in the County’s waterways, the relatively modest cost of creating oyster reefs strikes the Commission as a sound investment.  This letter will be sent to the County Executive with copies to Chairman Vitale, Anne Arundel County Council; the Chesapeake Bay Foundation (CBF) and Mayor Moyer, City of Annapolis, under Schomig’s signature on behalf of SRC.

MOTION:  A MOTION, THAT SCHOMIG’S LETTER WITH CHANGES SUPPORTING OYSTER RESTORATION BE SENT TO THE COUNTY EXECUTIVE WITH COPIES TO COUNTY COUNCIL, CBF AND THE CITY OF ANNAPOLIS, WAS MADE BY LUBBERT AND SECONDED BY WHITCOMB.  THE MOTION WAS PASSED BY UNANIMOUS VOTE.

Hornor explained that Melvin Bender, a previous head of the Planning Advisory Board, has formed a group to bring together riverkeepers, communities and other environmental groups to recommend changes to the CA legislation.  Hornor and Schomig recently met with the group where CA legislation was divided into topics to be addressed individually and then will be put together with recommended changes to present to the Critical Area Commission (CAC).  The group is presently trying to expand and to decide how to best proceed now that the State legislation is completed.  Schomig noted the CAC now needed to make regulations that are going to govern the way the County implements the law.  It may take years before the County fully implements the State law. This group will meet again in August.

Ms. Brenda Reiber, County Executive’s Office, distributed copies of a media announcement stating County Executive Leopold is adopting a “zero tolerance” enforcement policy for work performed in the CA area that does not comply with State and County laws.

Schomig expressed concern about issues involving barges being tied up indefinitely and rip-rap/dirt being dumped in Hopkins Cove.  He is waiting to hear from MDE and will report to SRC at the August meeting.

Education/Communication – No one was present to report.

Jabez Branch

Jabez: Vlavianos reported that DNR recently conducted an electrofishing survey of the Left and Right Forks.  Young-of-year trout were found but no adults.  It is assumed they are in deep pools on the main stream north of Route 32 where a beaver dam is established.  An unusually high volume of sand was seen on embankments and in pools on the Left Fork.

Environmental Overlay Zone: As previously mentioned, SRC sent a letter to Ginger Ellis requesting delineation of the 200 ft. buffer and identification of unbuildable land.  Hornor and Vlavianos will be meeting with Larry Tom, AACo. Planning & Zoning Officer, to discuss the Jabez overlay and to request information available through Planning & Zoning about zoning for lots in the proposed buffer, current land use, topo maps and protected land information.

Naval Academy Dairy Farm: Vlavianos reported the consultant presented a comprehensive site analysis at the June 23 Advisory Committee meeting.  Steep slopes of 10% to over 15% are a concern on the 140-acre Hammond’s Connection and the 28 acres of wooded wetland west of Dairy Farm Road.  Vlavianos is also concerned by some member suggestions to create an agri-tourism center on the farm that would seem to extend activity into the farm operation itself.  Vlavianos cannot attend the July 29 Committee meeting but will prepare a statement for Lubbert to read on behalf of SRC.  The statement will focus on water quality.

General Development Plan (GDP)

Hornor reported the next step in the GDP process is for the Special Advisory Committee (SAC) to deliberate on the finalized background reports and prepare recommendations for the County.  The draft GDP will probably be ready by September with the opportunity for public comment/input at that time.  At the August meeting, all SRC members should be prepared to discuss how the GDP policy vision could be legislated in such a way as to protect the Severn River watershed.  Members were asked to read/review the appropriate reports (water resources, natural resources, land use) on the GDP website and have their comments/recommendations to Hornor in the next two weeks.  The next SAC meeting is scheduled for July 14.

Annapolis – No one was present to report.

Website

Lubbert reported the SRC website had 724 hits during June.  Pollution, minutes and history were the most popular topics.

Stormwater Utility Fund – There was nothing new to report.  Impact Fees – There was nothing new to report.

Arrow Cove

Hymes reported the Critical Area Commission has filed an amicus curiae brief supporting Elm Street Development in the Court of Appeals.  A community representative made a plea for the SRC to write a letter requesting withdrawal of the brief.  Following a lengthy discussion, this topic was tabled until the August meeting to have time to review SRC’s position on the case in past discussions and correspondence.

Sullivan Cove Piers

Hymes testified as a citizen at a MDE public hearing on Sullivan Cove piers where opposition was voiced to four separate piers being constructed.   One of the concerns is blocking navigable waters.  Schomig was asked to mention to SRC that some of those in favor of the piers have been victims of vandalism.  Hymes will keep SRC updated.

Salin Property

Lubbert attended the Salin (green cathedral property) public hearing that was scheduled because of a request to change the age-restricted community to a 7-lot single-family subdivision.   She is concerned about what may end up on a 40-acre lot in the subdivision and recommended that SRC needs to keep an eye on this project.

NEW BUSINESS

Lubbert announced the HSBC Climate Partnership Stakeholders Workshops are to be held October 27-31 and November 3-7, 2008 at Smithsonian Environmental Research Center in Edgewater, MD.  If any Commission members are interested, all program costs, including accommodations, meals, and stipend are covered.  

Severn River Partners  

Lubbert and Whitcomb recently attended a meeting of the Severn River Partners.  This new partnership has been created to apply for some funding for restoration projects for the Severn River under the Chesapeake and Coastal Bay 2010 Trust Fund.  The group would like SRC to partner in an advisory role.  Whitcomb will keep SRC updated.

LWS Trib Team

Hymes announced he is the new Lower Western Shore (LWS) Trib Team Coordinator from DNR.

PUBLIC INPUT

ADJOURNMENT