THE SEVERN RIVER ASSOCIATION, INC. • P.O. BOX 146, ANNAPOLIS, MD 21404 • August 2002 • Volume 92, Folio 2
The Severn River Log
PRINTED ON RECYCLED PAPER
continued on page 4
Officers:
President
Duane A. Wilding, P.E.
410-923-3074
greenengr@comcast.net
First Vice President
James B. Sullivan
410-757-1902
jamessullivan@worldnet.att.net
Second Vice President
Robert J. Vom Saal
410-987-4476
vomsaal@juno.com
Vice President/Treasurer
Scott H. Hymes
410-923-7171
Scotthymes@comcast.net
Recording Secretary
Julie A. Johnson
410-266-1510
treereport@hotmail.com
Corresponding Secretary
Marguerite Whilden Walbeck
410-757-0112
mwhilden@dnr.state.md.us
Member Communities:
Admiral Heights Improvement
Amberley Community Assn
Annapolis Area Christian School
Annapolis Conservancy Board
Annapolis Neck Penninsula Fed.
Arden Civic Association
Arden Civic Association (Beaches)
Bay Ridge Civic Assn
Belleview Estates Civic Assn
Belvoir Farms Homeowners Assn
Bembe Beach Assn
Ben Oaks Civic Assn
Bretton Woods Home Owners Assn
Brown's Pond Improvement Assn
Burley Creek Community Assn
Bywater-Church & Crab CreekAssn
Carrollton Manor Improvement
Chartwell Garden Club
Downs Property Owners Assn
Dreams Landing Condominium
Epping Forest Club
Fairwinds AnnapolisCondominiums
Fairwinds Beach Club
Ferry Farms Community Assn
Greater Odenton Improvement Assn
Herald Harbor Citizens Assn
Holly Point Community Assn
Hollywood on the Severn
Lindamoor Improvement Assn
Linstead Community Assn
Long Point/Severn Civic Assn
Olde Severna Park Imprv Assn
Oyster Harbor Citizens Assn
Palisades Civic Assn
Point Field Landing Community
Riverview Manor Community Assn
Round Bay Community Assn
Rugby Hall Community Assn
Saefern Saddle & Yacht Club
Severna Forest Community Assn
Severn School
Severn Town Club
Sherwood Forest Club
St. John’s College
Ward One Residents Assn
Wardour Garden Club
West Annapolis Civic Assn Inc
Whitney's Landing Community Asn
Inside:
Presidents Message ............... 2
News & Updates ..................... 2
Minutes ................................... 2
Grants ...................................... 7
Cuyoga Farms Pump Station . 7
Weems Creek Violations ........ 7
Next Meeting: The Board of Directors will meet at 7 p.m. Tuesday, Aug 20, in the Lobby
Conference Room of the Department of Natural Resources, 580 Taylor Avenue, Annapolis.
Duane Wilding will discuss the the ongoing Crownsville Stormwater Management Plan.
Nature hike: The August nature hike will take place from 9 a.m. to noon on Saturday, Aug.
17. We will visit Cowhide Branch, one of the feeder streams to Weems Creek. This is currently
the site of the extension of Medical Parkway from Jennifer Road to Bestgate Road, and the
environmental impact of the stream crossing has been of great concern. Park at Scott’s Crossing
housing development, off Severn Grove Road. Meet at the construction trailer. ADC mapbook
page 20 D-7. Call Stevie Wilding for information: 410-923-3074.
I saw an old friend the other day,
who moved away from Annapolis
quite a few years ago. He asked, “Do
they still shoot off fireworks at the
Navy Stadium?”
I chuckled and said, “Man, you’ve
been gone a long time, old buddy.
They stopped using the stadium for
the fireworks show many, many years
ago.”
“How come?” he asked.
I had to think about that one for a
while. “I’m not sure,” was all I could
finally come up with.
“So where do they shoot them off
now?” asked my friend.
A Modest Proposal
by Steve Carr
“Out in the harbor on a couple of
big barges,” I replied.
Gus nodded with a smile. “That
sounds pretty cool.”
“Yeah it is,” I agreed. Which, in
turn, got me thinking...
What is the connection between
the Bay, specifically the water, and
shooting off fireworks? Why does
every little town along the Bay stage
their fireworks show from out in their
harbors? Solomons, Galesville,
Sherwood Forest, Baltimore, and An-
napolis immediately spring to mind
as towns that do “The Works” on the
water, rather than on land.
I guess it makes a certain amount
of sense if you think about it. There’s
less chance for a fire. It’s not as hot out
there on the water. More people can
attend by land and by sea. It means
less traffic in town. You don’t need to
have all the trappings that come with
a stadium event: vendors, security,
parking attendants. And it’s free.
But there’s more to it than that.
There’s something innately magical
about shooting fireworks off over the
water. When the pyrotechnics ex-
plode, they light up not only the sky,
but also the water and all the boats at
Mind Over Matter
by Margie Whilden
Not many people other than
watermen may recall the significance
of 1994. It was the year a limit was
placed on the Maryland commercial
fishery. It was the year of sweeping
changes in fishing licenses and, with
the endorsement of the commercial
fishing industry, the establishment of
a fixed number of watermen who would
be allowed access to the resources.
Land planners and wildlife bi-
ologists call this “carrying capacity,”
and all good resource managers are
taught to strive for this balance. All
habitats and species have an ideal
carrying capacity, which is projected
by population models, biological
conditions, and social tolerance lev-
els. The 1985 Critical Area Law was
based on a similar optimum capacity
doctrine, as is the more recent Total
Maximum Daily Load standard for
sewage.
In 1994, it was decided that Mary-
land had reached its carrying capacity
for watermen. The Maryland tidewa-
ter had all the harvesters of our marine
resources as it could tolerate and a
limited entry was adopted. There was
too much competition for a limited
space, habitat and resource, and the
watermen comprised a competitor that
can be managed. In the big picture,
they don’t even make up a percentage
point in the population, but they seem
to be a large competitor because they
appear to take a lot of fish, crabs and
oysters, relative to the rest of Mary-
land citizens.
In fact, all of us are taking or
competing for the same limited re-
source in some way or another. It’s just
not as obvious or as manageable.
Unlike the watermen, no other com-
petitor for these resources has been hit
with such a direct limitation. In fact,
other competitors have increased,
with the consent of local land use
managers. This competition is legally
permitted and apparently encour-
aged. The space is the same, the habi-
tat is dwindling, but no restraints are
placed on the other competitors.
continued on page 4
The Severn River Log is published
monthly by The Severn River Associa-
tion, Inc. The Association welcomes ar-
ticles and letters-to-the editor which do
not represent official positions of the
Association unless otherwise noted. The
September issue deadline is August
26th. Articles, letters and photos for
publication should be mailed to:
Newsletter Editor
Severn River Association, Inc.
P.O. Box 146
Annapolis, Maryland 21404-0146
E-Mail and downloadable files
may be sent to: sra@toad.net
Staff:
Editor ....................... Steve McKerrow
Layout ............................... Jim Martin
Contributors ...................... Steve Carr,
Margie Whilden
Printer ................. Free State Press, Inc.
Page 2
The Severn River Log
President's
Corner
Kevin Smith, who spoke on ALiving
Shorelines@ at July’s meeting (see Min-
utes elsewhere in this newsletter), gave a
wonderful presentation and prompted a
lively discussion. Hardening of shorelines
is a very serious problem and I hope SRA
can promote education programs for water-
front owners on the use of Asoft@ options
and to push for legislative actions.
On this topic, the Arlington Echo Out-
door Center was in the news recently, an-
nouncing their project to restore 250 feet of
bulkhead with natural marsh wetland.
This month’s article by Margie Whilden
gives a profound and enlightening per-
spective on private property rights, resource
protection, and the complexity of manag-
ing such competing interests. In fact, after
reading her article, I am still processing the
message. It is obvious she has strong feel-
ings and a deep understanding of the issues
involved with protecting the Severn River
and Chesapeake Bay.
On a lighter note, and reminding us
how wonderful it is to live near the Severn,
is Steve Carr’s article on the annual An-
napolis’ fireworks display. After reading
his essay, I am sure you won’t miss next
year’s event, but you may contemplate his
tax proposal.
The sediment discharge observed in
the Severn Run was brought up again at the
July meeting. The extent of the problem,
even after a light rain, is very disheartening.
Thanks to Keith Underwood for reporting
on this. He even showed a map downloaded
from Map Quest that showed the sediment
plume! We want to organize volunteers to
go out during or after storms to determine
the source(s) of the sediments. Please vol-
unteer, we could use your help. And yes,
this is why we need a River Watcher.
This week’s trivia: DNR Fisheries Bi-
ologist, Marek Topolski reports that com-
mercial fishing in the Severn River was
abolished in 1929. Anybody remember
why?
--Duane Wilding, President
News & Updates:
July SRA Hike Visits Severn Run
by Stevie Wilding
A few dedicated SRA souls came out
for the July hike in the Severn Run Natural
Environmental Area that connects with
Arden-on-the-Severn, Section 5. Thanks to
Julie Harding, Audrey, Duane, and Eileen
O’Brien for enjoying this beautiful Satur-
day morning together.
Our hike leader, Eileen was enthusiastic,
and sure does know her plants! For the
umpteenth time (for me, who needs re-
peated lessons) she explained that we do
not have poplar trees, they are tulip trees.
Their leaves look like a tulip and they are
from the magnolia family. Their flowers are
very magnolia-like and a favorite for bees
in the spring. These trees grow so straight
and tall and were popular for sail masts.
The wood is actually hard and strong,
unlike a true poplar. When Eileen was little,
they grew around her and she remembers
finding leaves that were larger then her
head. You can tell Eileen has a special
relationship with this tree.
I noted that when the branches fall off,
they are strong and usually take a long time
to decay, in contrast to the oak ? when their
branches fall they are already weak with
decay. Another property of the tulip tree is
that the bark is fibrous and can be used for
cordage making. I made a small piece of
cordage while we walked.
We did find an unknown plant that was
in bloom on the path. The closest thing I
could find in my Newcomb’s Wildflower
Guide was the water horehound (Lycopus
Americanus).
Our walk was leisurely, with no rush.
We turned over several logs in search of
amphibians or reptiles. Nothing was found
in the forest, which was dry and thirsty for
some rain. The clethra (sweet pepper bush)
was in bloom and we were thrilled to walk
next to it and smell it’s perfume. There were
swamp magnolias, wild azaleas, high bush
blueberries and a one huge river birch in the
low land along with many varieties of ferns.
On our way back we saw a large stand
of ADevil’s walking stick@ all in bloom.
The fruit will supply the birds with food for
the fall and winter. On our way out, we
picked up the trash and left the area in better
shape then when we came.
This hike was very educational and
sorry you missed it. But there is always next
time.
Minutes
President Duane Wilding called the
July 16 meeting of the Severn River Asso-
ciation to order at 7:09 p.m., and immedi-
ately introduced our guest speaker for the
evening. Kevin Smith is chief of the Depart-
ment of Natural Resources’ Riparian and
Wetland Restoration Section, and has been
a biologist with DNR for 17 years. He was
ably assisted by Mitch Keiler, project man-
ager for watershed restoration, in a slide
presentation called ALiving Shorelines.@
Kevin explained this is a term coined
by the Upper Eastern Shore Tributary Team,
which is working near the Chester River.
They were kicking around various names
for the more modern and desirable tech-
niques.
As a state we’ve come a long way in
terms of shoreline control,@ said Kevin,
citing pioneers such as Ed Garbish and his
group, Environmental Concern, who did
marsh-grass planting projects in relatively
quiet coves, meandering river-bends, etc.
But after a number of these projects were
done, the science of protecting shorelines
with higher-energy-level waves and cur-
rents did not seem to advance and things
stagnated. The non-structural projects were
limited / restricted to low-energy environ-
ments.
Great loss was the disappearance of the
grant program that gave incentive to prop-
erty owners. Participation in such programs
dropped by one-half.
Kevin noted some earlier publications
urged the use of Astacked tire bulkheads@
and other outdated hardening techniques,
and asked us to compare these antiquated
strategies to the more recent publication
AHow to Control Shore Erosion@ dated
Jan. 2000. This document also sets up a
framework for counties and other govern-
ment groups to set standards, policies and
practices.
One example of poor practice is just
south of St. Mary’s City on the St Mary’s
River, where a landowner proposed to con-
struct a stone sill about five feet high, filled
with sand behind and planted with grasses.
Kevin called it Athe worst project I’ve ever
seen,@ and noted that there was no evi-
dence of erosion to begin with. In fact, 400
years of documented history shows that
August 2002
Page 3
during this very long period of time, the
shoreline may have lost only 50 feet. The
project was built and extends 3,000 feet,
but the sand and plants are inaccessible to
turtles, young fish and crabs, etc. He sug-
gest that every agency is at fault.
Kevin continued with innumerable
interjections from various members, so that
we had an exceptionally interactive pre-
sentation. In summary, it was estimated that
75 percent of the Severn River has been
hardened. We have blocked the land and
water from each other and the biologically-
vital transition zone is missing. These are
the places where juvenile fish feed, grow,
hide from predators, and soft crabs shed
their shells, and innumerable creatures lay
eggs.
However, the problem of ravaged shore-
lines is not restricted to the SevernKevin
noted that anyone flying over the Bay will
be amazed at the alteration of the natural
shorelines on the Eastern Shore. There the
rivers are wide, winding, and comparatively
slow moving, with very few, if any cliffs.
Therefore, erosion is very slight. Yet shore-
line Aprotection@ projects are rampant.
One slide showed a location just over
the Kent Narrows east, where a stone sill was
built on a low-energy, erosion-less beach.
Why did owner do this? Should owners be
allowed to do this?
Their next slide showed the Tucker
Street boat ramp on Weems Creek, and the
rock sill constructed about a year ago just
below the ramp. The area behind the stone
was planted with Spartina alternaflora ,
also called cord grass closer to the water,
and Spartina patens , also called saltmarsh
hay. But how can critters get into and out
of - this marsh? And if they do get in when
the water is high, when the water goes out
they will be stranded to die.)
Additional slides showed a Navy project
near the Severn River B ridge, College
Creek, and Marshy Hope Creek on the
Eastern Shore
Kevin said we need to remember that
erosion is not necessarily a bad thing. Shore-
lines are so dynamic and when humans
interfere with these processes, we create
problems. Regulatory agencies need to
examine impacts of proposed projects on
creatures in the area, including oyster beds,
nursery grounds, nesting areas, etc.
A member suggested that we should
recognize Dr. Smith (a dentist) who is the
only one who has not stone-revetted his
property for his environmental sensitivity
and his preservation of the natural shore-
line.
Another respondedthat in Ocean City
one owner wanted no bulkhead, but the city
made him build one.
Kevin wanted us to be aware there are
other, different, ways to protect shorelines.
He illustrated with a slide from Smith Is-
land, where old engine blocks, oil tanks,
and similar materials occupy the shore.
John Flood made the observation that this
is part of the Smith Island Arusty charm.@
One slide showed a natural tidal shore-
line system, where plants and fallen trees
create rich habitat. AEvery fisherman knows
to look for such structure to find fish,@
Kevin said.. It is part of the natural process
to have trees fall in the water. This sort of
natural shoreline filled with all kinds of
living creatures is our goal.
Kevin showed an example of a successful
shoreline restoration, done by Keith
Underwood in Crab Alley Bay, which relo-
cated rock from a stone sill farther offshore
to create small islands planted with spartina.
The homeowner is now pleased that he can
walk to the water, and turtles next on his
beach, and he can putt around in his small
boat.
Additional slides showed other Asoft
approaches@ to controlling shoreline ero-
sion, including so-called Abio logs,@ such
as used all along College Creek at St. John’s
College.
Jim Sullivan: How long do biologs last?
Kevin: In a freshwater system, five to
seven years. In salt water, I’m not sure.
Jim: For homeowners we need to de-
velop a system. Personally, I would like a
system that would last 20 to 30 years.
Kevin: In Maryland there is a law that
the property owner has a right to protect his
property from erosion and the regulatory
agency ought to check to ensure that there
is an erosion problem before any permits are
granted.
Jim Martin: Why not tell the property
owners that they have to pay rent for the
waters they fill in? The majority of people
in the state do not have waterfront property.
They are not happy with the channel-ward
movement from the addition of rocks and
sills, etc. by the waterfront property owners.
Member: Isn’t the 1972 shoreline rec-
ognized as the reclamation line.
Mitch: The Board of Public Works
does not recognize that rule anymore.
Jim Sullivan: The SRA has received a
grant to do shoreline restoration. Some
people are willing to push the envelope.
Among more slides, Kevin illustrated
that a project on the Shore obtained mate-
rial from the destruction of Baltimore’s
Memorial Stadium to build an oyster bar.
Kevin posed the question: What needs
to happen to increase the popularity and
use of living Shorelines ? And he provided
three answes:
1. We need to change the law about
what people have a right to do.
2.
The regulatory agencies should not
rubberstamp permit applications.
3. We need to find a way to inform the
property owners of the alternatives.
Currently what happens is a homeowner
calls a contractor, who sells them the job,
such as a typical stone sill, and the contrac-
tor goes to get the permit application with-
out the homeowner, who never realizes
there are other alternatives.
Mitch noted that citizens in the Chester
River share the SRA concerns, because
many people are coming from the greater
metropolitan D.C. areas, such as McClean,
Potomac, etc., and think that their beaches
should have AThe Look@.
Keith Underwood: Is there anything
our group can do to help you do what you’re
doing?
Kevin: As long as the law stands that
the property owners have the right to pro-
tect against erosion, we will have a prob-
lem.
Mitch: Inside DNR we are preparing a
small tri-fold flier to target counties and
people involved in realty to get the word to
the waterfront property owners, the regula-
tors, etc.
Margie Whilden: Like anti-smoking
efforts, where bans spurred action, can this
approach be adopted?.
Jim Sullivan: On a national basis, law-
suits have been most influential.
Jim Martin. We need to appeal deci-
sions.
Further discussion involved using the
restrictions for critical areas, and suggested
Anne Arundel County could lead the state
out of this mess, with intelligent and com-
mitted county employees who are very
capable.
Mitch: You may want to contact Wayne
Bell, director of environmental studies at
Washington College. On Sept 13 they are
putting on a presentation about shoreline
protection. SRA could do something simi-
lar.
Jim Martin: The Legislature is going
to be needing funds during the next session,
so the idea of charging rent for these filled-
in areas may have a lot more appeal than it
had in the past.
Member: Yes, while Anne Arundel
County has a lot of affluent and politically
influential waterfront property owners,
state-wide there are a lot more people who
are not waterfront owners. Yet they subsi-
dize the waterfront owners. Jim’s rent idea
might be more politically attractive than
we might expect from our parochial van-
tage point.
Duane: To summarize, it seems we
need to seek changes in the statute to re-
move the property owner’s right to protect
his shoreline from erosion, to require he
Page 4
The Severn River Log
anchor nearby. It’s like a painting suddenly
comes to life in moonlit wonder, as silhou-
ettes are repeatedly caught in a strange,
freeze-frame exposure. The silvery light
switches on like magic, bathing the harbor
in an incandescent glow that brightens in
intensity as each firework detonates into
multiple patterns and colors.
My house sits up on a high cliff above
the Severn, and this year I found myself
watching the reflective interplay of light
upon the water more than the aerial show.
Like a snapshot, the boats and the people
standing on the surrounding docks blinked
eerily into view for a few brief seconds, only
to fade into darkness as if they had been a
mirage.
I don’t know who came up with the idea
of combining water and fireworks, but who-
ever did deserves our hearty thanks. It’s a
real winner.
The July 4 fireworks show in Annapo-
lis Harbor draws hundreds of boats, boats of
all shapes and sizes. It’s funny to watch it all
come together.
The skyrockets are delivered to the
Naval Academy seawall in yellow rental
vans a few days before the show. They
appear with little fanfare but much security,
especially after 9/11. The two fireworks
barges arrive soon thereafter and the Italian
blast masters begin carefully loading the
floating platforms.
On the day of the big event another
barge, this one with a giant crane, arrives
from somewhere - probably Baltimore - and
carefully tows the fireworks barges out into
the middle of Annapolis Harbor, dodging
rubbernecking boaters. Periodic explosions
usually accompany this, as the pyros test
their handiwork and serve notice to the
town that something big is afoot. By noon
the barges are anchored in the harbor and
the water dance begins.
Boats, especially BIG boats, begin
anchoring around the fireworks barges. As
with any good show, the idea is to get as
close to the action as possible. I always find
this a bit amusing, because being close to
something that gets fired high into the sky
is obviously a relative concept when viewed
from sea level. In addition, coming nine
hours early so you can be right next to a
barge laden with high explosives has al-
ways struck me as a bit loony. And if that’s
not crazy enough, there’s all that burning
debris falling onto your boat. I am amazed
each and every year when a boat doesn’t
catch fire. There seems to be a constant
drizzle of burning debris raining down
during the show and yet nothing ever goes
up in flames.
I don’t want to think about it.
Nope, what I want to remember are all
of the other things that make a Chesapeake
Bay Independence Day such a joyous occa-
sion.
There are the goofy little parades - in
Severna Park, Galesville, and Annapolis -
where small, bayside communities let their
imaginations run wild, decorating dogs,
and bicycles, and almost anything imagin-
able, so they can stroll down Main Street
and express their inherent silliness, while
celebrating the freedom we all hold so dear.
And while little towns all over America are
strutting their patriotic style with similar
abandon, only along the Bay will you find
people dressed up like dancing Diamond-
back terrapins and pickup truck floats
adorned with crab pots and Chessie the sea
monster.
And then there is that unmistakable
smell of backyard barbecues working over-
time to cook all those hotdogs and ham-
burgers, along with fresh corn from the
Eastern Shore. But from Dundalk to Lusby,
the familiar sound of wooden mallets break-
ing open crabs claws also accompanies the
holiday grilling frenzy. Around here, the 4th
of July is the most popular day of the year
to eat steamed crabs and many families
spend the hours leading up to the fireworks
sitting at newspaper-covered picnic tables,
eating blue crabs and partying with friends.
And then there are the boats. If you own
a boat, you are out on the Bay for the
nation’s birthday. Starting at dawn, the
water games begin, culminating at the end
of the day, when all the boats converge on
such places as Annapolis Harbor or Kent
Narrows to settle in for the fireworks show.
And what’s really comical is when the fire-
works are over, nearly every boat quickly
pulls anchor and heads off into the starry
night - the last parade of the day. It looks
like a Beltway traffic jam at evening rush
hour, except, of course, the drivers some-
how manage to avoid running into one
another. By midnight, the boats are all
home, tucked safely into their docks, and
the Bay is once again at peace.
You know, it’s funny. You would think
that doing and seeing the same things year
in and year out on July 4 would grow boring
or tiresome. But just the opposite is true.
The rituals and tradition seem to fan a
patriotic flame that is eternal. Young and
old delight together in the warm glow of
family and country.
What is it then that makes the 4th of July
so special?
Well, it seems pretty obvious to me: it’s
the only holiday we celebrate with FIRE-
WORKS. And everybody loves to see colors
exploding brightly in the sky. I think it
brings out some primeval pleasure that rests
deeply inside each and everyone of us.
The Asians figured this out long ago,
and were nice enough to share their fire-
works with us. That’s why Japanese cities
not much bigger than Annapolis have ex-
travagant fireworks celebrations. And ev-
erybody in town, not just the government,
helps pay for the skyrockets. They compete
against other nearby towns to see who can
put on the best show. In Asia, fireworks are
big business. Towns spend millions of dol-
lars putting on a fireworks show. And they
don’t need a national holiday to justify the
expense.
Annapolis has had to go hat-in-hand
these last few years to put on its fireworks
display. The cost is somewhere around
$20,000, and several local businesses have
generously stepped in at the last minute to
make sure we could afford the holiday light
show.
This is crazy. It shows how incredibly
out of whack our priorities are. In fact, I
would not only suggest that the 4th of July
fireworks show is one of the most appreci-
ated things that local government does
over the course of any given year, but also
that it is vital to our spirit and survival.
And so, I propose a Fireworks Tax be
imposed on all citizens of the Annapolis
area, everyone with a zip code that begins
with the numbers 214, a head tax of sorts for
children and adults alike. I’m thinking $1
per person. This way, we can be sure that as
nighttime descends every future July 4 will
be greeted by the sounds and sights of
splendiferous fireworks.
In the fractured words of our Founding
Fathers, each of us, as American citizens,
has the inalienable right to “life, liberty and
the pursuit of fireworks.”
BOOM!!!
A Modest Proposal continued from page one
August 2002
Page 5
Who are they? If you work on the water
for six days a week you know you are not
seeing more workboats. You are seeing
more pleasure boats, more powerful, gas
powered leisure craft, the SUVs of the water.
Unlike cars, for which new roads can be
built to alleviate congestion, we cannot
build new waterways, so we compete for the
same limited space.
If you are out there six days a week, you
also notice the shorelines are dotted with
new homes. The Critical Area Law were
intended to address this encroachment, but
shoreline development and alteration con-
tinues. One explanation may be that at the
time of the 1985 legislation, much of the
shoreline was already plotted into existing
lots, to which the Critical Area Law does not
apply.
Furthermore, the Critical Area Law al-
lowed for an additional tolerance level of
development, which differs from county to
county. This tolerance level allows for ex-
pansions of existing water dependent fa-
cilities, such as marinas, which by their very
nature require the public trust to yield to
private ventures. These facilities pay a rela-
tively hefty tax fee, which is not mandated
to compensating that which is lost to this
now private use of the public trust.
Further evident, and not sufficiently
examined by zoning laws, is re-develop-
ment. Where once modest older homes ex-
isted with minimal impact on the shore-
lines, mansions are now perched, produc-
ing far greater impact and habitat destruc-
tion. Think about it: If you spent a million
dollars for a waterfront lot, wouldn’t you try
to get every square inch out of it and more?
In some situations, that is precisely
what is happening and this is the real point.
These properties are beginning to creep out
into the public domain under the disguise
of private riparian property rights, or the
minimum necessary to mitigate shore ero-
sion, maintenance of water dependent fa-
cilities, repair to existing shore erosion
measures, or marsh creation. Private prop-
erty is advancing out onto the submerged
bottomland beyond the tide line that, theo-
retically and in statute, belongs to us all. It
is the modern day Tragedy of the Com-
mons: the Tragedy of the Bottoms.
There is supposed to be something
more urgent, much bigger than our own
particular property rights, fishing endeavor,
livelihood, or hobby. There is democracy
and a goal for a restored Chesapeake Bay.
Sadly, good economic times for most
in Maryland have signaled a downturn for
Mind Over Matter continued from page one
those depending on the natural resources
for traditional income, avocation, or enjoy-
ment. Among the original goals of the uni-
fied Bay clean up effort, which got under-
way in 1985, was restoration of species
abundance, diversity and natural beauty. In
a recent forum including a Congressman, a
State cabinet level appointee, and the judge
overseeing the Critical Area Law, the con-
sensus was that things may not be getting
better, the water is not getting any clearer,
fisheries are not more abundant, and the
impact to the habitat is not static.
The Congressman pointed out that $60
million dollars are spent annually on the
Chesapeake Bay, most of which goes to
research. So it’s not for lack of trying. How-
ever, in our system we do not have the
luxury of decisions backed by sound sci-
ence, and therein lies the need to elect
representatives who are in step with soci-
ety, not necessarily with science.
Government must react to the demands
of society within the framework of a consti-
tution, good sense, changing conditions
and diverging perceptions. Science often
takes too long to produce defensible, appli-
cable data. We must address this encroach-
ment onto the public trust and the contin-
ued degradation of the water’s edge. Some-
how, in the maze of private property rights
and careful negotiations to preserve these
rights, as well as our natural heritage, we
have lost sight of that vital public good, the
public trust, the republic for which we stand
and sometimes die.
Science is not essential to confirm that
which is self-evident. In the Severn River
alone we have lost more than 75% of the
natural edge. The shorelines are under siege.
Many of our shorelines are no longer natu-
ral, productive or diverse, and some of us
think these alterations qualify as unethical.
A glaring example is the famous cliff of
orange clay on Whitehall Bay, which once
provided bearings for colonial mariners
and navigators. This shoreline has been
completely obliterated into a green lawn
terminated by a rock face. To some, the
destruction of that cliff face was compa-
rable to what the Taliban did to the sacred
Buddha temples of Bamiyan, which we all
witnessed on videotape. But no one re-
corded the destruction of the Whitehall
Bay cliff, which reflected like a beacon in
the moonlight and was majestic at sunrise.
Few but watermen and a handful of sailors
noticed that a colonial vestige had been
destroyed.
Does this really matter and if so, what
are we going to do about it?
Maryland is a state with the largest and
once most productive estuary, award win-
ning environmental advances and rever-
ence for our natural, historical and cultural
heritage. Does it not seem odd that we
should sacrifice this sacred estate, i.e. the
waterfront, to private property rights, pri-
vate enterprise, and ad hoc obliterations?
There is clear definition to the extent of
private property rights, if the property in
question is historic or otherwise signifi-
cant. There is clear definition to the extent
of private property rights, if the subject
parcel joins a public piece of fast land
property. Why then does it appear that
private interests seem to be encroaching
with little restriction on to submerged pub-
lic land?
We need to start asking these questions
if we are serious about riparian habitat
protection, restoration, and the Chesapeake
Bay. We have figured out ways to protect
the shorelines from the ravages of nature
and time, but can we protect the same vital
habitats and historic landmarks from our-
selves? Is the rest of society obligated to
subsidize riparian alterations and habitat
destruction by supporting the permit and
inspection system that facilitates these ac-
tivities?
More and more citizens are challeng-
ing these outmoded interpretations of pri-
vate property rights and entitlements. These
rights are colliding out of control with our
environmental urgencies and quality of
life. Contrary to convention, many of those
challenging these heretofore-undisputed
rights, are themselves owners of large par-
cels and are worried about the impacts of
this increased competition for the limited
resource. There is value in keeping certain
things whole the way they are, the way they
should be, the way we have come to know
them.
However, we should know that not all
traditions are worth saving and the differ-
ence between a good tradition and a bad
tradition can be subjective. Apparently, by
virtue of Maryland law, riparian owners
have the traditional right to protect and in
some cases reclaim that land which has
been lost to erosion. However, new owners
have not lost any land during their brief
ownership, but somehow have the right to
extend their reclamation efforts out 10 feet
and in some cases 35 feet, beyond the reach
of mean high tide, that is 35 feet on to public
Page 6
The Severn River Log
property without compensation to the pub-
lic trust.
Apparently, these new owners have the
right, means and incentive to take sub-
merged public land, not only from us, but
all those species that depend on this natural
transition zone and shallow water area.
Piecemeal riparian alterations, such as piers,
“marsh creation”, rock sills, and slope modi-
fications disrupt the natural processes and
eventually will have a bearing on adjacent
properties, either by accelerating erosion,
increasing sedimentation, diverting wave
energies and destroying adjacent natural
wetlands and submerged vegetation beds.
All this encroachment or “taking” oc-
curs with sanction from the federal and state
laws. Yet these encroachments or facili-
tated adverse possessions offer no mitigat-
ing features to wildlife or habitat restora-
tion, no compensation to the public. Natu-
ral submerged habitat is replaced with inert,
non-native, thermal altering materials. Let
us simply begin to question these tradi-
tional management statutes that could be
considered obsolete, and were conceived
to manage resource destruction, rather than
resource restoration.
We have reached the biological, or
more accurately, the social carrying capac-
ity for watermen, a cultural icon in Mary-
land, and a few other species, such as black
bears, deer and mute swans.
Might this signal a new ethic in re-
source use and allocation and greater re-
gard for our natural treasures? When will we
know we have reached the carrying capac-
ity for other consumers of the resource, such
as boats, piers, revetments, cars, effluent,
people?
Let’s begin at the water’s edge. The
traditional notion of private property rights
must be challenged and re-evaluated in
light of our current situation, else we re-
semble the Old English serfdoms where
land barons or those with means to become
land barons call the shots.
Competition for a finite resource must
be managed further and the limits must be
fairly distributed among all competitors,
not simply those who, due to their minority,
are easier to manage. While competition for
the fish in the water has been limited to a
fixed number of watermen; the competi-
tion, access, destruction, and adverse pos-
session of fisheries habitat and the public
trust marches on at an accelerated pace.
But, if you don’t mind, it won’t matter.
Mind Over Matter
continued from page 5
provide proof that there is erosion, to re-
quire that new homeowners of waterfront
property be informed of their duty to pro-
vide stewardship for protecting the waters
of the creeks, rivers and bay. [Duane subse-
quently said he would form a committee to
examine thee issues, initially including
John Flood and Scott Hymes, as well as
others who express interest.]
Member: We need to add the strategy
of objecting to new permit applications
when they are not needed or where the
project is biologically destructive.
There was spirited interaction support-
ing these ideas in the audience.
Scott Hymes: The county is afraid of
lawsuits from property owners. Perhaps we
can become a force for the good, if the
county begins to believe that we could and
would file lawsuits.
Ratification of Executive Committee:
Duane formally asked for a vote to
ratify the Executive Committee: Duane
Wilding, Jim Sullivan, Bob vom Saal, Scott
Hymes, Julie Johnson, Margie Whilden,
and Sally Hornor. It was approved unani-
mously. Duqane said the committee, Direc-
tors at Large, and past presidents will meet
at 5:30 p.m. on the Monday of the week
preceding the SRA Meeting.
Nature Walks:
Stevie Wilding, our new nature walk
chair, reported that on June 28, an evening
walk took place at Greenbury Point. She
also distributed a flier with the announce-
ments of the locations and leaders of the
next walks. July 20 was a hike to the Indian
Creek Branch in Crownsville, Arden on the
Severn, with Eileen O’Brien; Aug. 17, in
Cowhide Branch, and in September (most
likely the 14th) a visit to Horizon Organic
Dairy Farm.
Treasurer’s Report:
Scott Hymes reported he is working to
convert the SRA books to AQuickBooks.@
(Bob Clay used a home program.) Also he
is working with an accountant to do our tax
return. He and the review committee, Julie
Harding, Jim Martin, etc., are working on
reviewing our books to make sure every-
thing is in order.
Old Business:
Duane invited reports from the com-
munity reps for news of issues, projects,
concerns from their associations.
Scott Hymes, from Herald Harbor, re-
ported that their newsletter is spreading the
word that Sally Hornor’s Operation
Clearwater has been finding exceptionally
high counts of the human waste indicator
bacterium, Enterorcoccus They have asked
residents to look for sources of this con-
tamination. Also they have been trying to
educate their members about the advan-
tages of rain barrels, rain gardens, selecting
front-loading washing machines (which
save 25 gallons of water per load) and the
need to replace failing septic systems. They
are talking about water quality issues.
Charlotte Lubbert, also from Herald
Harbor, asked, AHow many sites are there
for boats to pump out their heads?@ and
explained that she wondered if some of
these high counts could be explained that
way. Charlotte also asked if improved
signage would inform some boaters and
would result in less discharge of human
waste from watercraft.
Several members explained that all
boaters are informed of the requirements for
pumping out waste, but that some boaters
are just irresponsible, and others, too cheap.
Scott added that in Herald Harbor there
is growing public opposition to the rash of
building on small, in-fill lots, building new
homes with sand filter-septic systems, when
it is well-known that these sand- filters (and
the shale-filters) fail as quickly as five years,
as in one Herald Harbor home. There is
wide-spread sentiment that this is over-
development.
Scott added that a big block of land (95
acres) has been listed for sale. A 26-acre
parcel of this is listed at $1.5 million. The
chorus replied, ACall Sandy-Parks Trusz at
Severn River Land Trust (SRLT)@. A
member suggested contacting certain
County Council members, because there
are certain lot fees, which, if spread out over
30 years can make a big project like this
affordable. The residents of Bay Ridge
have mortgaged themselves to pay off the
large parcel of land along with the Bay
Ridge Land Trust. You can try to couple
this with open space money and forest
conservation funds.
Stevie Wilding added that there is
Greenspace money that is not being used.
Another member added that the money for
the bogs was lost because it wasn’t used.
Member: The Critical Area Reforesta-
tion money allows a very small amount for
land acquisition.
Steve McKerrow, from Admiral Heights
reported: the Weems Creek Conservancy
(WCC) is making new signage on every
storm drain in the neighborhood, alerting
residents that all drains lead to Chesapeake
Bay. This project is being led in Admiral
Heights by Corinne Reid-Miller.
Evan Belaga, president of the Weems
Creek Conservancy, reported he had at-
tended a meeting of the Severn River Com-
mission (SRC) and Annapolis Environmen-
tal Commission (AEC), and suggested these
August 2002
Page 7
groups need input from SRA. He suggested
our group could also benefit from a similar
facilitated meeting.
After some discussion, Margie pro-
posed, ALet’s do it! We need our own
facilitated meeting, and it would aid in the
work on the SRA’s business plan.@
Duane noted the Annapolis Environ-
mental Commission (AEC) is meeting Sept.
4 in City Council chambers.
Fish and Wildlife Foundation Grant:
Jim Sullivan: We have been invited to
an EPA meeting about Chesapeake Bay
grants. We hope this means we are getting
something from them. This is being held
July 29 in Norfolk. Who can go?
Hidden Pond Grant:
Keith Underwood brought illustrations
of the history of the Howards Branch project
with before and after views. He reminded us
of Billy Moulden’s work in 1997 to restore
Brewer Pond and to acquire the Green Ca-
thedral. The next parcel to be restored is
called AHidden Pond,@ (locally ATurtle
Pond@ because there are a lot of different
kinds of turtles there). Keith has identified
five different species of turtles. Hidden
Pond is a tidal pond and the project in-
volves dredging out material similar to the
Hartley shoreline project.
Keith explained that now there is $100,000
in grants available from EPA, NOAA, and
Fisheries to fund part of the $300,000 to
$350,000 estimated costs for the entire
project. Obviously, only part of the work
can be completed, but better a half loaf than
none. This has been the SRA’s keystone
project in restoration of shallow water
habitat
Keith added we will be dredging
phragmites, the rapid-growing, invasive,
grass that excludes the native and biologi-
cally significant species.
David Taylor:
Jim Martin reported that at the County
Council has been considering three 3 pieces
of legislation relative to David Taylor.
He also cited these points:
a.
The legislation allows the David Tay-
lor property to come into the County al-
ready subdivided without going through
the sub-division process eliminating ad-
equacy of facilities review;
b.
For several years the local residents
have been told that only the County Execu-
tive was needed to finalize the agreement.
After all of this time we learned the County
Council needs to scrutinize the contract;
c. We worry that increased traffic will be
new, dramatic and adverse to the nature,
character, and safety of this community.
The council will hold public hearings
on the legislation in late July and August
and adopt it in August.
Severn Run:
Keith Underwood asked members to
recall the aerial photograph David Wallace
took of a dramatic sediment plume in Severn
Run. Keith brought a copy of a letter from
Ginger Ellis, of the Lower Western Shore
Tributary Team, to Chuck Fox, Secretary of
DNR, reporting this sediment plume and
asking him for his assistance. Members
recommended that letters be sent to the
other trib teams. Keith brought photos of
the main stem of Severn Run at Rt.3 after a
0.1 inch gentle rainfall last week (July 9)
showing heavy sediment discharge and
contamination. Keith pointed out that if
there is this much sediment in the Jabez
Branch, the fish are probably dead.
A number of members volunteered to
try to locate the source of this sediment
during the next rain event.
New Business:
Oyster Reef in Whitehall Bay
Duane noted that the Whitehall Bay-
Meredith Creek Association (Bob Poor and
others) have objected to the oyster reef.
Various members volunteered to will go so
see the site by boat. We should try to
arrange to go with people from CBF so they
can show us what they are proposing, where,
etc. The volunteers will seek to make
arrangements for the boat(s).
Margie suggested we wait until Aug.
12 to schedule the boat trip.
Cuyoga Farms Pumping Station
Bob vom Saal reported that Paul Rauth,
of Millersville, has requested SRA look
into Anne Arundel County adding a sewer
pumping station near his home because of
development in the area. The property is
located along the east side of New Cut
Road, south of Pasture Brook Road in
Severn. The exact address is 8147 New Cut
Road in the Cayuga Farms subdivision and
comprises 27.641 acres and is split zoned
R-2 Residential and OS Open Space.
Mr. Rauth is concerned that construc-
tion of the facility and pipelines are too
close to Pasture Brook, a feeder branch into
Severn Run and the River. He is requesting
that SRA look into this to insure protection
of the stream. He has provided a copy of the
Administrative Hearing’s findings in case
#2002-0098-S dated June 18, 2002.
Mr. Rauth also suggested that one
possible source of sediment in Severn Run
may be from the development in his neigh-
borhood because the sediment control de-
vices on construction sites in Dennis Pur-
chase have failed to keep large volumes of
mud off the streets. He is concerned about
the amount of waste this site is going to be
handling. There will be the waste from
properties that were on septic systems for-
merly (now to be on sewage) and the mag-
nitude of the Dennis Purchase develop-
ment.
Critical Areas Violation in Weems
Creek
Jim Martin noted we received an email
about a problem with a man who was cited
for a Critical Areas violation in Weems
Creek, who then threatened the woman who
filed the complaint that he was going to cut
down all of the trees between their proper-
ties.
John Flood reported that the South
River Federation has been hot on this issue.
He had a meeting with Ron Bowen and Bob
Walker.
Drew Koslow (President of South River
Federation) and John wrote a letter, empha-
sizing the need to focus on the contractors.
John suggested we need to appoint some
one to rep SRA on the committee.
John Flood also reminded us about the
River keeper recently established on South
River. A property owner can file her com-
plaint with the River keeper, show him the
violation etc., but he will protect her iden-
tity so that the violator does not have the
opportunity to attempt to intimidate the
whistleblower/ He said he has spoken to
Senator Paul Sarbanes, who agreed that
each river should have its own Riverkeeper.
Attendance:
Evan Belaga, Weems Creek
Steve McKerrow, Admiral Heights
John Flood, Board member
Julie Harding, Palisades
Scott Hymes, Treasurer
Mitch Keiler, DNR, speaker
Kery Kehoe, member
Charlotte Lubbert, Herald Harbor
Jim Martin, Past president
Mike Maszczenski, member
Julie Johnson, sec.
Bob vom Saal, 2nd VP & Ben Oaks
Kevin Smith, DNR, speaker
Jim Sullivan, Burley Creek
Keith Underwood, member
Marguerite Whilden, Whitehall Bay
Duane Wilding, Pres.
Stevie Wilding, member
Non-Profit Org.
U. S. Postage
PAID
Permit No. 130
Annapolis, MD
THE SEVERN RIVER ASSOCIATION, INC.
P.O. BOX 146
ANNAPOLIS, MD 21404
CHANGE SERVICE REQUESTED
The Friday, Capital, August 9, 2002.