Attendance Members Present:
Lina Vlavianos, Chair
Sally Hornor, Vice Chair
Charlotte Lubbert
Kurt Riegel
Jeff Schomig
Bob Whitcomb
Veronica Jagoe for Councilman Benoit (Ex officio)
Scott Hymes, MD DNR (Ex officio) Guests and Staff: Phil Guyer, AACo. Engineering, DPW
Rick Kleponis, WGM Architects
Ed Masek, WGM Architects
Chris Phipps, AACo. DPW, Engineering
Terry Schuman, Bay Engineering, Inc.
Kathryn Shinkiewicz, Underwood & Associates
Keith Underwood, Underwood & Associates
Joe Zorica, AACo. DPW, Engineering
Brenda Weeks, AACo. DPW/WERS Members Absent: Dan Haas Joe Rubino
Debra Smith
Sam Shropshire, City Council (Ex officio)
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 4:16 p.m. in the Severn Room, 2664 Riva Road, Annapolis, MD. A quorum was declared present. Guests were introduced and welcomed. GUEST SPEAKERS County staff was invited to brief the Commission on the Bear Branch stream restoration project. Mr. Chris Phipps, DPW, opened the briefing with an overview of the Central Sanitation Facility project, its impact and mitigation. Mr. Phil Guyer, Design Project Manager, presented the history and background of the project. With the assistance of the consultants and architects, a detailed description of the project, its benefits and status were provided. Numerous questions were answered. Anne Arundel County recently started construction of the Central Sanitation Facility in Millersville near the intersection of East-West Boulevard and Maxwell Frye Road. This location is within the County complex that includes Police, Fire, Animal Control, Garage and Central Water Facility headquarters. The work includes both the construction of administrative and maintenance facilities within the existing Central Water Facility Complex and stream restoration adjacent to the site. This facility will centralize the operational base for water and wastewater utility operations staff. The Administration Building is anticipated to receive a LEED (Leadership in Energy and Environmental Design) Silver Rating. Construction will provide environmental benefits including protecting the Severn River watershed, augmenting 17 acres of forest conservation with over 1,600 new tree plantings, enhanced water quality treatment (e. g. reducing levels of nitrogen and phosphorus), and groundwater recharge through regenerative stormwater conveyance system now recognized as worthy of a point towards the LEEDs certification program. The completed facility will allow efficient service to users of the County as a centralized operation base for the County’s water and wastewater utility operations staff. In August 2009 construction began first by establishing erosion and sediment controls and then clearing, grading and stream restoration. The projected completion date is April 2011. SRC members thanked County staff, consultants and architects for the very interesting informational and educational presentation. MINUTES The Minutes for the December 3, 2009, regular monthly SRC meeting was presented for approval. No corrections or additions were made. MOTION: A MOTION, TO APPROVE THE MINUTES FOR THE DECEMBER 3, 2009, REGULAR MONTHLY MEETING OF THE SRC AS WRITTEN, WAS MADE BY WHITCOMB AND SECONDED BY RIEGEL. THE MOTION WAS PASSED BY UNANIMOUS VOTE AND THE MINUTES WERE APPROVED. ANNOUNCEMENTS / CORRESPONDENCE(1) The County Executive reappointed Vlavianos and Rubino to SRC for 3-year terms starting February 1, 2010. Vlavianos will serve as Chair. Their reappointments are subject to County Council approval. (2) Daniel Haas, a City representative whose term expires January 31, 2010, has resigned. According to the Bylaws because of Smith’s attendance record (she has missed more than five meetings), her vacancy needs to be filled. Replacements for Haas, Smith and a new ex officio member from the City Council need to be appointed by the new Mayor. Riegel will include this information in the transition team report, and Vlavianos will forward a request to the Mayor. (3) Chair Vlavianos will not be at the SRC February meeting. Vice Chair Hornor will preside. (4) On behalf of SRC, a letter drafted by Schomig was sent to Margaret McHale and staff of the State Critical Area Commission thanking them for their informative and useful presentation regarding CA regulations at the December meeting. OLD BUSINESS Scenic Severn River The “Scenic Severn River” item will be removed from the agenda. Critical Area Legislation (CA) Following a lengthy discussion, SRC still has major concerns about the falling trees/Vegetation Management Plan (VMP) issue, shoreline hardening, and a clearer stand regarding unwarranted hardship. Schomig stated the CAC is aware of the VMP problem and is working on a state remedy. In the response letter from the County Executive, the County did not cite any scientific basis that would support their policy about removing leaning trees. SRC’s recommendation would be that tree removal in the CA occur only where a particular tree poses an immediate threat to life or property. The County policy is if there is a possibility of a tree falling, the tree may be removed, but no scientific basis has been cited. Schomig and Hornor will research the falling tree issue to find out if there are any studies that have been done to justify removal of leaning trees. Schomig will ask Clagett to research any background legislation that exists on shoreline hardening. He will work with Al Johnston and Ren Serey on a clearer standard of what constitutes an unwarranted hardship in the CA buffer. The County specifically needs to develop a standard that might address the minimum impervious footprint of a house that would constitute an unwarranted hardship. Discussion of these issues will continue at the February meeting. Articles 16/17 Revisions Riegel iterated he has been working on these County Code updates and has provided input to the county on those features that seem to relate to SRC concerns. He observed that there are some provisions regarding the CA buffer that are in the present law that do not appear to be in the revision which is about to be forwarded by county staff to council. If those provisions are really not there, then some county protection for the buffer area has been lost. Riegel noted that there are references to a revised Title 11 that is a listing of fees in lieu of actually complying with the environmental regulations, one having to do with tree clearing; however, Title 11 has no such listing. Riegel asked Schomig to review the articles and letter to be sent to the County Executive and County staff. Annapolis – No one from the City was present to report. Jabez Environmental Overlay Zone Vlavianos reported she talked with Planning & Zoning Officer Larry Tom who had met with Councilman Jamie Benoit. Councilman Benoit is concerned about getting County Council’s support with the language that is presently proposed in the legislation. Another concern is the 300-foot buffer proposed in the overlay zone legislation making it stricter than the 100-foot buffer required in the state Critical Area legislation. Vlavianos will schedule a meeting with Councilman Benoit to include herself, Hornor and David Mauriello to discuss the overlay zone legislation. Septics Whitcomb reported he spoke with Bob Sheesley, President of the Maryland Onsite Wastewater Professionals Association (MOWPA). MOWPA strongly supported the senate bill that made mandatory septic system upgrades in the Critical Area last session and are already preparing for this session to protect the Bay Restoration funds. Mr. Sheesley was pleased to hear that SRC might be a fellow supporter and said he would notify SRC when they meet to develop a lobbying plan. Whitcomb read a portion of the December 9 MDE Press Release regarding the State’s Septic Upgrade Program and requested that it be made part of SRC’s meeting record (attached). Upgrades are now prioritized as: failing septic systems in the CA; failing septic systems outside the CA; non-failing systems in CA; and all other systems, including new construction. Funding for other priorities will not be available until July 2010. After a general discussion, the following motion was passed. MOTION: A MOTION, THAT AUTHORIZES WHITCOMB TO WORK WITH THE APPROPRIATE GROUPS TO ADVISE THE 2010 MARYLAND GENERAL ASSEMBY TO INSURE THAT ALL BAY RESTORATON FUNDS DEDICATED TO SEPTIC SYSTEM UPGRADES ARE ALLOCATED SOLELY FOR THAT PURPOSE, WAS MADE BY WHITCOMB AND SECONDED BY HORNOR. THE MOTION WAS PASSED BY UNANIMOUS VOTE. WebsiteLubbert reported the SRC website had 780 hits during the month of December. The most popular topics were pollution, history and minutes. Oyster Restoration Activities in the Severn River Whitcomb met with Chris Judy of DNR on Monday. Mr. Judy will be coordinating the removal of the oysters that have hopefully grown up over the year from the spat cages and will be planting them in the River this spring. Some preferred sites have been identified—one just created by the Corps of Engineers called Wade 1. A second one is located on the northern-most new section of the oyster bars outside the mouth of Weems Creek. This would result in a one-acre oyster sanctuary that would receive planted oysters for many years to come. Whitcomb is extremely pleased with this effort. NEW BUSINESS – There was no new business.PUBLIC INPUT - There was no public input.ADJOURNMENTThe meeting was adjourned at 7:15 p.m. The next SRC meeting is scheduled for Thursday, February 4, 2010, 4:00 p.m., in the Severn Room (4th Floor), 2664 Riva Road, Annapolis, MD. ATTACHMENT BALTIMORE, MD (December 9, 2009) – The Maryland Department of the Environment will now prioritize funding for septic system upgrades toward those systems that pose the greatest threat to clean waterways and drinking water. Effective January 1, 2010, MDE will also establish an income-based sliding scale to ensure septic upgrade grants are fairly distributed to homeowners with the most need. There are approximately 420,000 septic systems in Maryland. Of these, 52,000 systems are located within the “Critical Area,” land within 1,000 feet of tidal waters that is vital for water quality and wildlife habitat. The typical septic system does not remove nitrogen, instead delivering about 30 pounds of nitrogen per year to the groundwater. An upgraded, nitrogen-removing septic system cuts a system’s nitrogen load in half.
Nitrogen is the most serious pollutant in the Chesapeake Bay and Maryland waterways. The Bay Restoration Fund funds wastewater treatment plant upgrades, cover crop plantings, and septic upgrades to significantly reduce this pollution. Maryland Department of the Environment Secretary Shari T. Wilson said: “The high demand for Maryland’s septic upgrade program is great news for our drinking water, the Chesapeake Bay, and local rivers and streams. This incredibly successful program is key to reaching Maryland’s two-year Chesapeake Bay milestones, which more than double our efforts to reduce nitrogen and clean up the Bay.”
Homeowner demand for septic upgrade grants is at an all time high, attributed in part due to MDE’s intensive outreach starting in fall 2008, as well as Senate Bill 554, which requires all new and replacement septic systems in the Critical Area to include the best available technology for removing nitrogen. As of September 30, 2009, the program has upgraded 1,778 septic systems -- reducing nitrogen pollution to surface water and groundwater by over 25,000 pounds per year. At this time last year, 375 upgraded systems had been installed through the program. In April, May, and June of 2008 the Department received 120 applications for septic system upgrades; for the same period in 2009, MDE received 1,261 applications.
MDE’s septic upgrade program annually receives an estimated $8 million in funding, enough to cover about 600-700 septic upgrades per year. An average septic system upgrade, plus five years of maintenance, costs approximately $10,000-$13,000. Since 2006, the State has awarded approximately $19 million to homeowners and counties for upgrading septic systems. MDE estimates that 80 percent of the nitrogen from a typical septic system in the Critical Area reaches surface water, while 30 percent of the nitrogen from a septic system outside the Critical Area reaches surface water. In accordance with State law, the Bay Restoration Fund will now prioritize upgrades as follows: 1) failing septic systems in the Critical Area, 2) failing septic systems outside the Critical Area, 3) non-failing systems in Critical Area, and 4) all other systems, including new construction. MDE continues to award grants to applicants with failing septic systems in the Critical Area, but has waitlisted other applications.
To ensure that grants are available for all repair and replacement septic systems in the Critical Area, and to provide an equitable distribution of the limited Bay Restoration Fund, effective January 1, 2010, grants for upgrading on-site sewage disposal systems will be awarded on a sliding scale based on household income. MDE will reassess the availability of funding for other priorities by July 1, 2010, at which time available funds will then be targeted to applicants from the waitlist. Through the Bay Restoration Fund, a $30 annual fee is collected from each home served by an onsite septic system. The total estimated program income is $12 million per year. Sixty percent of these funds are used for septic system upgrades and 40 percent are used for cover crops.
Septic systems that do not remove nitrogen have a significant impact on water quality. For example, in 2008, approximately 4,000 new and replacement systems without nitrogen-removing technology were installed in Maryland, resulting in an increase of 12,000 pounds per year of nitrogen discharge reaching the Chesapeake Bay. This annual growth is the equivalent of adding an additional major sewage treatment plant every year (i.e. 500,000 gallons per day sewage treatment plant) with no nutrient removal technology. | 
