Regular Monthly Meeting , 2008

Members Present:

Lina Vlavianos, Chair
Sally Hornor, Vice Chair
Joe Rubino
Debra Smith
Bob Whitcomb
Scott Hymes, MD DNR (Ex officio)
Veronica Jagoe for AACo.Councilman Benoit (Ex officio)
Sam Shropshire, City Council (Ex officio)

Guests and Staff:

Albert Johnston, Greater Severn Park Council
Nita Maggio, State Legislator/Del. Dwyer
David Mauriello, Magothy River Association
Brenda Reiber, AACo. County Executive’s Office
Brenda Weeks, AACo. DPW/WERS

Members Absent:

Dave Hanson
Charlotte Lubbert
Jeff Schomig
Virginia P. Clagett, MD House Delegates (Ex officio) 

CALL TO ORDER

Chair Vlavianos called the regular monthly meeting of the Severn River Commission (SRC) to order at 4:00 p.m. in the Severn Room, 2664 Riva Road, Annapolis, MD. A quorum was declared present at 4:40 p.m. 

Vlavianos introduced Mr. Robert Miller, District Manager of the Anne Arundel Soil Conservation District, who was present to address the success of the new stabilization policies for site development established by AASCD in 2007. Mr. Miller began his presentation by explaining the purpose of soil conservation districts and giving a brief history of the organization. Originally the districts focused on agriculture issues, best management practices on the farm and delivery of federal services to farms. In later years especially because of urbanization, the focus turned to environmental issues dealing with erosion and sediment control and stormwater management. Through conservation practices, districts strive to protect the integrity of the environment by managing land wisely. 

During construction, stormwater activities take place under an erosion and sediment control plan.  Post construction stabilization of the site is implemented under stormwater activity.  Both are related but how to deal with them from a regulatory and technical perspective is significantly different.  Stabilization requirements were put into place in Anne Arundel County about one and one-half years ago.  Currently the state’s sediment and erosion control manual allows a site to remain un-stabilized for up to 14 days.  Grading inspectors in the County’s Department of Inspections & Permits enforce the District’s erosion and sediment control plan, and because of limited staff can only get to sites once a week instead of daily.  Resolution 2007-3, developed in April 2007 by the District, requires sites to be stabilized each day prior to building construction past the ground floor.  There are many contractors who understand what the plan says and diligently attempt to stabilize the site to maintain it in a stabilized condition as they are constructing buildings; others aren’t as diligent, and others ignore it.  If an inspector goes to a site and sees a problem or potential problem he/she can require that contractor to immediately stabilize the area. 

The building industry was resistant when this policy was first proposed.  After working with them, making some changes and putting in some flexibility, this policy was not nearly as draconian as the development community insisted it would be.  They have accepted it and in many cases embraced it and it hasn’t really put an undue hardship on them.  The feedback the District gets from County I&P is that it’s been a very, very useful tool for them to help stabilize.

 In response to a question posed at a 2007 SRC meeting about a District rule regarding a 20-acre stabilization protocol, Mr. Miller explained that this was an informal policy that was never formally adopted.  Responding to SRC’s request to look at the rule, he reported the District formally adopted the 20-acre rule (Resolution 2007-6).  This rule requires that for sites where there is going to be advanced land clearing before construction, at no point in time would more than 20 acres be allowed to be in an un-stabilized situation.  This policy was adopted to work in concert with the site stabilization policy because many of these sites were mostly commercial sites where the developer wants to clear and grade a site in anticipation of marketing the property.  There were problems during the developmental stages of these parcels and maintaining a stabilized condition following the initial mass grading.  The concept of mass grading is controversial.  No clear cut authority to issue grading permits for mass grading in anticipation of future development has been made. 

In response to numerous questions:  The County is responsible for the enforcement of the erosion and sediment control plans under a grading permit.  If the District becomes concerned that a plan is not being implemented correctly and for some reason the County

is not able to provide adequate enforcement or the County requests the District to for some reason, the District can withdraw the plan approval.  The State Erosion and Sediment Control Manual is what the District follows to implement.  The District has no jurisdiction over the federal government.  The Severn River watershed is in a very unique position with the District.  With State highway projects, the Severn River is the only place where it has jurisdiction because of the Scenic Severn River Act. 

Commission members thanked Mr. Miller for his briefing.

The Minutes for the January 8, 2009, regular monthly SRC meeting was presented for approval. There were no additions or deletions.

MOTION:  A MOTION, TO APPROVE THE MINUTES FOR THE JANUARY 8, 2009, REGULAR MONTHLY MEETING OF THE SEVERN RIVER COMMISSION, WAS MADE AND SECONDED.  THE MOTION WAS PASSED BY UNANIMOUS VOTE AND THE MINUTES WERE APPROVED AS WRITTEN.

1. Clagett, Lubbert and Schomig will not be present at this meeting.
2. Mayor Moyer invited SRC to participate in the first Annapolis Urban Watershed Forum at Annapolis City Hall Council Chambers on February 9, 2009 from 8:30 a.m. to 1:00 p.m.  Vlavianos will be representing the SRC.
3. Mr. David Bolton, MD Geological Survey, will brief SRC on the Atlantic Coastal Plain Recharge Study at the SRC March meeting.  The Commission had requested that the Jabez Branch subwatershed be part of that recharge study.
4. The appointment of Kurt Riegle and reappointments of Hornor and Schomig will be presented to County Council for confirmation on February 17, 2009.
5. Vlavianos completed drafting the SRC Biennial Report.   After the draft is typed, it will be sent to SRC members for editing.  Members are to contact Vlavianos by phone with comments and have 10 days to respond before the document is finalized.  Printed copies will be reduced considerably from previous years due to the convenience of electronic distribution.
6. Fox Creek dredging opponents lost their issue in front of the Board of Public Works but have filed a Petition for Judicial Review.  Scott Hymes is one of the opponents.

OLD BUSINESS

Special Committees Reports:

Critical Area Legislation (CA)

In Schomig’s absence, Hornor reported that the citizens advisory group has been meeting and is working on recommendations that will eventually be submitted to the County.

Jabez Branch

Environmental Overlay Zone:  Vlavianos, Hornor, Mauriello, Larry Tom, Jamie Benoit, and Amy Tate met on February 2, 2009 to discuss SRC’s proposed OZ legislative language.  Variance and impervious surface language needs further refining.  Mr. Tom offered the assistance of Kelly Krinetz, Planning & Zoning staff, to help with the language.  The SRC Committee will meet on Thursday, February 12.  Studies have shown that there is a real correlation between the loss of habitat and increasing impervious surfaces.

Naval Academy Dairy Farm:  The Advisory Committee completed its work in December.  Recommendations/plan will be introduced to the public on February 18 at Arundel High School, Gambrills at 6:30 p.m.

Hornor reported that she has a copy of a draft GDP that is being sent out for public review.  Public meetings are still being held and comments are due by February 16. Vlavianos emphasized that the plan should show clearly current versus future built-out conditions for forest cover and impervious surfaces.  It was stressed that Small Area Plans (SAP) will become defunct once the GDP recommendations are adopted.  There is no recognition or mention at all in the GDP that the Severn River is a State designated Scenic River with special privileges.  A question was raised as to how much of the SAP

recommendations are included in the GDP.  Vlavianos will look at the Odenton SAP, and Hymes, the Crownsville SAP, and will report their findings to Hornor.  Hornor will draft a letter reflecting SRC’s views and findings, and list all Commission members by name under Vlavianos’ signature.

Whitcomb reported he is keeping a record of how smooth the process is progressing on an application for nitrogen reducing septic system for his house.  He will keep SRC updated.

Shropshire will be requesting SRC’s support on a county-wide (including the City) phosphate ban.  The City’s Comprehensive Plan outlining a 10-year growth plan is receiving public input.  Legislation imposing a 5 cents bag fee on paper and plastic bags is being prepared.  The money would go to the Chesapeake Bay Trust.

The SRC website had a total of 20,570 hits during 2007 and 42,280 hits during 2008.  Pollution, history and minutes were very popular.

NEW BUSINESS

There was no new business.

PUBLIC INPUT

There was no public input.

ADJOURNMENT

The meeting was adjourned at 6:08 p.m.  The next monthly SRC meeting is scheduled for Thursday, March 5, 2009, 4:00 p.m., in the Severn Room (4th floor), 2664 Riva Road.