RESTORING THE SCENIC SEVERN RIVER

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RESTORING THE SCENIC SEVERN RIVER

• Presentation for
• Severn River Association
• STATE OF THE SEVERN
• October 21, 2008
• Presented by Gerald W. Winegrad

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WHATS THE STATUS OF THE SEVERN RIVER? According
to the most recent reports and data, The Severn
is in dismal shape.
Due to poor water
quality 90 of grasses planted may die. BENTHIC
POPULATIONS in the Severn are Severely Degraded
and getting worse. High levels of NUTRIENTS and
suspended SEDIMENTS. High levels of FECAL
COLIFORM with shellfish harvest closed.
Citizens contracting serious INFECTIONS from
water contact.
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The Severn is one part of the 90 of the Bay and
its tidal rivers that are impaired due to low
dissolved oxygen levels and poor water clarity,
all related to nutrient and sediment pollution.
Impaired means designated by the EPA as not
meeting Clean Water Act standards under Sec.
303(d).
Impaired Water
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BERNIE VOITH AT HIS DOCK ON PLUM CREEK OFF THE
SEVERN RIVER
BERNIE HAS SWAM AND FISHED THE WATERS OF THE BAY
FOR 50 YEARS
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• BERNIE VOITHS RIGHT LEG FROM BACTERIAL
  INFECTION CONTRACTED IN JULY 2005 WHEN HE
  SCRATCHED HIS LEG IN PLUM CREEK OFF THE SEVERN
  RIVER IN HIS BACKYARD. THE ENTEROBACTER NEARLY
  COST BERNIE HIS LIFE. BERNIE WILL NEVER GO IN
  THE WATER AGAIN.
• STAFF AT ARLINGTON ECHO ENVIRONMENTAL EDUCATION
  CENTER ON THE SEVERN RIVER HAVE HAD SIMILAR LEG
  INFECTIONS AND SCHOOL CHILDREN AT THE COUNTYS
  MAIN ENV. ED. FACILITY CAN NO LONGER GO IN THE
  WATER.
• FORMER AA COUNCIL WOMAN BARBARA SAMORAJCZYK
  SCRAPPED HER LEG IN HER BACKYARD ON LAKE OGLETON
  AND HAD TWO ABCESSES IN HER LEG REQUIRING MONTHS
  OF MEDICAL TREATMENT.

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Why has the Severn declined so badly?
Excess nutrients and sediment. They are the
focus of Bay restoration. Toxic chemicals also
present threats.
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SEVERN RIVER LAND USE POLLUTION SOURCES
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THREE KEYS TO RESTORE THE SEVERN
I. Reduce our individual pollutant loads. II.
Change development patterns through State and
local land use legislation, establish no net
loss of forest, and require stormwater retrofits,
and no net pollution in new development. III.
Require mandatory controls and BMPs for
agricultural pollutants, including advanced
nutrient management and better animal manure
management.  
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• PLAN OF ACTION FOR COUNTY COUNCIL STATE
  LEGISLATURE
• I. ENACT IMPERVIOUS SURFACE FEE FOR NEW AND
  EXISTING DEVELOPED LANDS DEDICATED TO STORMWATER
  RETROFIT FOREST BUFFERS, WITH A STORMWATER
  UTILITY TO ADMINSTER THE FUND AND THE RETROFITS.
  
• II. REQUIRE STATE-OF-THE ART STORMWATER
  MANAGEMENT IN NEW DEVELOPMENT AND RETENTION OF
  FOREST COVERNO NET INCREASE IN RUNOFF VOLUME OR
  RATE FROM NEW DEVELOPMENT.
• III. ENACT COMPREHENSIVE STATE LOCAL GROWTH
  MANAGEMENT LEGISLATION SIMILAR TO 1991 BARNES
  COMMISSION 2020 BILL CRITCIAL AREA.
• IV. ESTABLISH A NO NET LOSS OF FOREST POLICY
  W/100 RIPARIAN BUFFER PROTECTION, REPLANTING
  OF BUFFERS.
• V. REQUIRE NEW DEVELOPMENT TO KEEP OR PLANT
  FOREST BUFFERS OF AT LEAST 100' AROUND ALL
  STREAMS AND THE RIVER. 

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SEVERN INITIATIVES PACKAGE

• VI. USE PROGRAM OPEN SPACE, RURAL LEGACY AND
  OTHER FUNDING FOR MAJOR EXPENDITURES FOR
  PRESERVATION OF FORESTS FORESTED BUFFER
  CREATION THROUGHOUT THE WATERSHED, INCLUDING
  DEVELOPED ACREAGE.
• VII. STRENGTHEN CRITICAL AREA LAW AND SEDIMENT
  CONTROL LAW IN COUNTY AND THEIR ENFORCEMENT AND
  OTHER LAND USE LAWS AND HIRE A FULL TIME
  INPSECTOR WITH A VESSEL TO ENFORCE.
• VIII. TIGHTEN REQUIREMENTS FOR FARM NUTRIENT
  MANAGEMENT PLANS AND REQUIRE BMPs AND THEIR
  IMPLEMENTATION AND MDE INSPECTION ON FARMS.
• IX. AS A CONDITION OF RECEIVING ANY STATE FUNDS
  FOR AG LAND PRESERVATION, MET EASEMENTS, MACS
  GRANTS, COVER CROP GRANTS, MANURE MANAGEMENT
  GRANTS, REQUIRE FARMERS TO HAVE A COMPREHENSIVE
  NUTRIENT MANAGEMENT PLAN AND CERTIFY THAT IT IS
  BEING FULLY IMPLEMENTED.
• PROMOTE RAPID IMPLEMENTATION OF FLUSH TAX TO
  UPGRADE SEWERAGE TREATMENT PLANTS IN AA
  COUNTY--ANNAPOLIS BROADNECK ESPECIALLY.

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• REQUIRE ALL NEW AND REPLACED SEPTIC SYSTEMS TO BE
  STATE-OF-THE-ART NITROGEN REMOVAL SYSTEMS AND
  SYSTEMICALLY REQUIRE THE REPLACEMENT OF EXISTING
  SEPTIC SYSTEMS WITH STATE FLUSH TAX GRANTS (17
  MILLION CURRENTLY AVAILABLE). 30 OF NITROGEN
  FLOWING TO THE SEVERN IS FROM THE 29 OF HOUSING
  AND BUSINESSES ON SEPTIC.

ONLY THE ADOPTION OF BOLD NEW MEASURES WILL SAVE
THE SEVERN AND THE BAY. WE CAN RESTORE THE
SEVERNS 81 SQ. MI. WATERSHED AND ITS 140 MILES
OF STREAMS, BUT STRONG, EVEN RADICAL ACTION IS
NECESSARY.
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CATFISH FROM SOUTH RIVER WITH CANCEROUS LESION
THESE ARE SOME OF THE CONSEQUENCES OF
CONTINUING CURRENT EFFORTS TO RESTORE THE BAY
WITHOUT RADICAL CHANGE
BERNIES INFECTED LEG ROCKFISH
W/MYCOBATERIOSIS
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STATE OF THE ART STORMWATER MANAGEMENT FOR ALL
NEW IMPERVIOUS SURFACES Amend the Maryland
Stormwater Management Law to require that when
land is developed, the pre-development hydrograph
is either replicated or improved as to the rate,
volume, and pollution loads of stormwater. Adopt
this do no harm requirement in law.
Improvements of runoff characteristics is already
required for development/re-development in the
Critical Area buffer in the IDA. Amend the
Maryland Stormwater Management Law to require the
adoption of the Core Environmental Site Design
Principles for the implementation of the Maryland
Stormwater Management Act of 2007 (SB 784/HB
786). These principles were developed by an
environmental consortium. Adopt the
recommendations for the Green Fund requiring
counties to form stormwater utilities to assure
that existing and new stormwater management
facilities and processes are working properly,
are maintained, and are retrofitted as needed
over time. More than 500 stormwater utilities
exist in the U.S.
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CRITICAL AREA LAW CHANGES  a. Amend the law to
authorize the Critical Area Commission to make
regulatory changes on its own, just like other
state agencies and to fully enforce the CAL
through the AG's office.  New regulations would
be adopted through DNR. b. Allow citizens the
right to intervene as with other environmental
laws.  This could be done with a provision of
citizens filing 30 days notice with the
county/municipality and violator of the
violation, and if not corrected in 30 days, the
citizen may then request action from the AG, who
would be empowered to act to correct any
violation. c. Adopt no net loss of forest cover
with a goal for a 15 increase in the critical
area by 2015 with a 1-1.5 replanting requirement,
2-1 in the buffer. d. Require all new
construction of impervious surfaces to implement
environmental site design that assures the
pre-development rate and volume of stormwater are
replicated or improved by at least 10 and there
are permanent provisions for maintenance of any
stormwater structures and techniques.
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CRITICAL AREA LAW CHANGES  - CONTINUED
e. Require strict adherence to enhanced nutrient
management plans, including BMPs for cover crops,
manure management, and forested buffers on all
farmland in the Critical Area.  No exceptions and
farms should be periodically checked by
Department of Environment or other non-Department
of Ag inspectors.   f. Before a variance
is granted, provisions would be made for the
replanting of trees, planting of 100' buffers in
trees, and the limitations on stormwater as
required above, and if the Critical Area
Commission objects or suggests changes, the
variance may not go forward or may go forward
only if the changes are implemented.  g.  Any
requests for a growth increment where land is
taken from RCA and placed in LDA or IDA must
adhere to strict requirements for tree cutting
and replacement, impervious surface limitations
and stormwater, and for 100' forested
buffers.  If the Critical Area Commission objects
or suggests changes, the re-classification may
not go forward or may go forward only if the
changes are implemented.  h.  Retroactive
variances must contain provisions for strict
requirements for tree replacement, impervious
surface limitations and meeting strong stormwater
control, and for 100' forested buffers.     i. 
Increase penalties for first time violations to
100,000 second and subsequent offenses to be
punished by up to 250,000 penalty and 6 months
incarceration.