Chesapeake Bay News

The State of Maryland will change the way it requires developers to prevent pollution at construction sites from running into local rivers and streams.

The changes were call for by a coalition of environmental groups represented by the University of Maryland Environmental Law Clinic.

The coalition, which includes Potomac Riverkeeper as well as 11 other Maryland Waterkeeper organizations and the Waterkeeper Alliance, announced today that it has reached an agreement with Maryland’s Department of the Environment over its challenge to Maryland’s general stormwater permit for construction sites.

Ed Merrifield, the Potomac Riverkeeper, says the settlement proves that ordinary citizens—and groups like Potomac Riverkeeper that represent them—can take a stand and improve their local water quality.

“These types of improvements don’t just happen” Merrifield said. “Ordinary citizens hold governments accountable—it’s the best way to make a difference.”

The settlement will mitigate polluted runoff (known as “stormwater”) at construction sites in three ways:

* it requires MDE to update the measures that must be taken on construction sites to prevent water pollution

* it requires MDE to ensure expanded opportunities for the public to review and comment upon planning documents for construction sites

* it improves protections for water bodies that are already overwhelmed by polluted runoff

Polluted runoff usually leaves construction sites in the form of mud and sludge during periods of heavy rain and runs into storm drains or directly into water bodies. In some locations, such as Cumberland and Washington DC, the mud and sludge drains into combined sewers (that hold both rainwater and raw sewage) and, if it rains (in some areas more than 1/10 of 1”), overwhelm the combined sewers and flow directly into the Potomac River and its tributaries without first being treated.

Scientists estimate that runoff adds 80 million tons of sediment to waterways each year.  In Maryland alone, 90 rivers and streams have been officially designated as “impaired” due to excessive sediment.

“Polluted runoff is one of the biggest threats to the Potomac River and the Chesapeake Bay,” Merrifield added. “This settlement today is one more step toward restoring these national treasures.”

The Trust for Public Land’s Parks for People-Community Rivers program in Maryland is focused on the western Chesapeake Bay shoreline and tributaries of
the four major river systems-the Gunpowder, Patuxent, Patapsco, and Potomac.

Working with government agencies at the local, county, state, and federal levels and with local organizations, The Trust for Public Land’s goal is to see
one-third of the land along these shores protected as parks and open space.

Through a GIS analysis, the program has identified over 230,000 acres of high-priority unprotected lands within a mile of the western shore of Chesapeake Bay and the four tributaries. the program is seeking to collaborate with public and private partners to collectively advance protection of these lands and create one of the greenest and most natural metropolitan river park systems in America.

To learn more, please visit: www.tpl.org/tier3_cd.cfm?content_item_id=22585&folder_id=628

Or contact: Tom Gilbert, Regional Conservation Services Director- tom.gilbert@tpl.org

On April 7, 2009 the Chesapeake Bay Oyster Restoration Programmatic Environmental Impact Statement (PEIS) Executive Committee announced their agreement to identify a native-only restoration strategy as the preferred alternative in the final PEIS due to be published in late June. The Governors of Maryland and Virginia praised the decision.

“Over the past two years, the State of Maryland and the Commonwealth of Virginia have built an unprecedented partnership to restore the health of the Chesapeake Bay and its living resources,” said Maryland Governor Martin O’Malley. “I am extremely pleased that, together with the U.S. Army Corps of Engineers, we have reached an agreement on a preferred oyster restoration alternative, one that will not threaten the Bay’s already stressed ecosystem. We look forward to finalizing this process over the next few months, and to collaborating with our partners in Virginia to use new science developed through this extraordinary study to support both the ecological restoration of our native oyster and the revitalization of our oyster industry with emphasis on new aquaculture opportunities.”

On Friday, April 3, the Maryland Department of Natural Resources submitted a proposal for federal stimulus funds in the amount of $10 million to fund oyster related projects. The proposal included projects to recreate and/or place natural/alternative oyster reef substrate, produce and plant oyster spat and enhance hatchery productivity and monitor oyster populations and water quality for oyster health on restoration sites. The State of Maryland currently has $5 million slated for oyster projects during Fiscal Year 2009, which will supplemented by additional funding from federal partners: $1 million via Army Corps of Engineers and $2.6 million from NOAA through the Oyster Recovery Partnership.

“Virginia has long been committed to finding solutions that address the decline in oysters in the Chesapeake Bay and we’re proud of the collaborative progress we’ve made through a strong regional partnership with the U.S. Army Corps of Engineers, Maryland, and federal agencies,” said Virginia Governor Timothy M. Kaine. “While we have seen certain promise in ariakensis aquaculture from the Virginia Seafood Council trials over the past seven years, we agree-based on the recommendations of our Virginia Institute of Marine Science-that moving forward we should focus primarily on restoring the Bay’s native oyster. We’re pleased the Corps will allow for possible continued ariakensis experiments under tightly-controlled conditions so that we can continue answering scientific questions in the future.”

The Army Corps of engineers commended the Committee’s cooperative efforts.

“Based on the current state of the science and extensive public review, the use of non-native oysters in the Chesapeake Bay, its tidal tributaries and the coastal bays and waters of Maryland and Virginia poses ecological risks. Therefore, it is prudent for us to adopt a native oyster alternative, while allowing for scientific research for improving our understanding of non-native oyster ecology and restoration implications. This is critical since the PEIS was inclusive whether the native oyster can make a full comeback Bay wide,” said Col. Dionysios “Dan” Anninos, Norfolk District commander, during a media teleconference.

A 30-day public comment period will follow publication of the final PEIS, with a formal Record of Decision expected to be published in late July.

The Executive Committee includes the Norfolk District, U.S. Army Corps of Engineers, and the secretaries of natural resources for the State of Maryland and the Commonwealth of Virginia, working with the U.S. Environmental Protection Agency, the National Oceanic and Atmospheric Administration, U.S. Fish and Wildlife Service, the Potomac River Fisheries Commission, and the Atlantic States Marine Fisheries Commission.

Following is the complete joint statement agreed to by the Committee:

Based on the current state of the science, and extensive public discourse the use of non-native oysters in Chesapeake Bay, its tidal tributaries, and the coastal bays and waters of Maryland and Virginia poses unacceptable ecological risks.

Therefore, it is prudent for the U.S. Army Corps of Engineers, the State of Maryland, the Commonwealth of Virginia and Potomac River Fisheries Commission (PRFC) to adopt a native oyster only preferred alternative for purposes of the PEIS. In selecting the native oyster alternative, the Corps, together with the cooperating federal agencies, the State of Maryland, the Commonwealth of Virginia and PRFC will remain fully committed to using only the native oyster to work towards revitalizing oyster restoration and aquaculture in meeting commercial and ecological goals. Furthermore, the State of Maryland, the Commonwealth of Virginia and PRFC will work towards implementing biologically and economically sustainable harvesting measures for the public oyster fishery. Finally, the Corps, together with the cooperating federal agencies, the State of Maryland, the Commonwealth of Virginia and PRFC will pursue the establishment of realistic metrics, accountability measures and a performance based adaptive management methodology for all efforts in revitalizing the native oyster for purposes of achieving commercial and ecological goals.

In selecting this preferred alternative, the Corps is aware that future scientific investigation may be proposed for purposes of improving our understanding of non-native oyster ecology and restoration implications. The U.S. Army Corps of Engineers will consider such proposals only when they are part of a scientific research framework. The research framework must be reviewed and approved by the PEIS lead and cooperating agencies and PRFC. A key criterion for approval of any such proposal will be to demonstrate that the proposal will not pose unacceptable ecological and socio-economic risks. Utilizing established regulatory process, the review of any such proposal will include consultation with the Atlantic States Marine Fisheries Commission and a process agreed to by the partner agencies to obtain scientific advice and peer review similar to that which was utilized for the development of this PEIS.

The U.S. Coast Guard issued a letter of recommendation to the Federal Energy Regulatory Commission  on March 18, 2009, stating the waterway proposed for use by vessel traffic associated with the AES Sparrows Point liquefied natural gas facility in Baltimore, Md., remains unsuitable, but can be made suitable, provided that recommended risk mitigation measures outlined in a supporting waterway suitability report are fully implemented and resources, capabilities and partnerships with the port community are in place.

The letter, issued by Capt. Brian D. Kelley, Captain of the Port for Coast Guard Sector Baltimore, and Capt. Trapp, Captain of the Port for Coast Guard Sector Hampton Roads, states that if and when the risk mitigation measures are put into effect by AES, they will sufficiently mitigate the identified risks associated with LNG traffic on the Patapsco.  The waterway includes the waters of the Chesapeake Bay and its tributaries.

The Coast Guard made its suitability determination after a comprehensive review that followed applicable U.S. Coast Guard Navigation and Vessel Inspection Circulars.  The review focused on navigational safety and maritime security risks posed by LNG marine traffic and the measures needed to responsibly manage those risks.  During the review, the Coast Guard consulted a variety of stakeholders, including the Area Maritime Security Committees, Pilots Association, Maryland Department of Transportation, Virginia Department of Environmental Quality, and Maryland Department of Natural Resources to name but a few.

“The Coast Guard continually works with federal, state, and local partners as well as the marine and energy industries to execute its missions.  Collaborative efforts include plan development, coordinated operations and spill / terrorism exercise. The security mission incorporates support from other government agencies. In repeated discussions with our partners it is clear the port community does not currently have the resources available to implement the safety and security measures necessary to adequately manage the associated risks of the AES Sparrows Point LNG facility,” said Capt. Kelley.

The letter of recommendation was produced by the Coast Guard as part of the agency’s contribution to the FERC review process.  FERC has responsibility for LNG facility siting, environmental impact, construction authorization and for issuing certificates for import and export of LNG.

For more information about FERC’s permitting process visit their website at http://www.ferc.gov/industries/lng/enviro/pub-involve.asp.

A unified command is continuing clean up and recovery efforts to a pollution spill in Tony Tank Creek in Salisbury Maryland.

Salisbury University reported a mechanical failure in their generator system causing a loss of approximately 3,000 gallons of diesel fuel from a fuel tank.

Between 500 and 600 gallons of diesel fuel have been recovered from the creek since last night.

More than 1,000 feet of containment boom has been placed between the Camden Avenue Bridge and the Riverside Drive Bridge to contain the spill.

“This operation is a fine example of our partnership among federal, state and local agencies along with the private sector,” said Cmdr. Austin Gould, the acting sector commander of Coast Guard Sector Baltimore. “Together, we’re working to eliminate an environmental threat to the Chesapeake Bay.”

“The university appreciates these agencies’ support and leadership that have minimized the impact of this spill on the university, the community and our shared watershed,” said Dr. Tom Jones, provost at Salisbury University.

Wicomico County Emergency Management responded to a report of a strong fuel odor near Tony Tank Creek Wednesday night.

Wicomico County Emergency Management contacted the National Response Center reporting diesel fuel in the water about 8:42 p.m. Wednesday. NRC notified Coast Guard Sector Baltimore personnel of the spill. Investigators from Sector Baltimore arrived on scene about 12:50 a.m. Thursday. The Coast Guard confirmed Salisbury University as the source of the spill and had the spill secured by 1:15 a.m. The diesel fuel is believed to have leaked from a fuel tank on the roof of the Henson Science Hall on campus.Unified Command Continues Recovery Efforts in Salisbury

A unified command is continuing clean up and recovery efforts to a pollution spill in Tony Tank Creek in Salisbury Maryland.

Salisbury University reported a mechanical failure in their generator system causing a loss of approximately 3,000 gallons of diesel fuel from a fuel tank.

Between 500 and 600 gallons of diesel fuel have been recovered from the creek since last night. More than 1,000 feet of containment boom has been placed between the Camden Avenue Bridge and the Riverside Drive Bridge to contain the spill.

“This operation is a fine example of our partnership among federal, state and local agencies along with the private sector,” said Cmdr. Austin Gould, the acting sector commander of Coast Guard Sector Baltimore. “Together, we’re working to eliminate an environmental threat to the Chesapeake Bay.”

“The university appreciates these agencies’ support and leadership that have minimized the impact of this spill on the university, the community and our shared watershed,” said Dr. Tom Jones, provost at Salisbury University.

Wicomico County Emergency Management responded to a report of a strong fuel odor near Tony Tank Creek Wednesday night.

Wicomico County Emergency Management contacted the National Response Center reporting diesel fuel in the water about 8:42 p.m. Wednesday. NRC notified Coast Guard Sector Baltimore personnel of the spill. Investigators from Sector Baltimore arrived on scene about 12:50 a.m. Thursday. The Coast Guard confirmed Salisbury University as the source of the spill and had the spill secured by 1:15 a.m. The diesel fuel is believed to have leaked from a fuel tank on the roof of the Henson Science Hall on campus.

A unified command has been established with the Coast Guard and representatives from Salisbury University, Maryland Department of the Environment, Salisbury City Fire Department and Wicomico County Emergency Management.

To report further fuel sheen or wildlife affected by the spill, contact the Coast Guard Command Center at (410) 576-2525.

A unified command has been established with the Coast Guard and representatives from Salisbury University, Maryland Department of the Environment, Salisbury City Fire Department and Wicomico County Emergency Management.

To report further fuel sheen or wildlife affected by the spill, contact the Coast Guard Command Center at (410) 576-2525.

source: USCG press release

The Chesapeake Bay Small Watershed Grants (SWG) Program provides grants of $20,000 to $200,000 to organizations and local governments working on a local level to implement protects that improve small watersheds in the Chesapeake Bay basin, while building citizen-based resource stewardship. The program also provides small grants for project planning and design. This program is funded by EPA’s Chesapeake Bay Program Office, as well as by NOAA Fisheries, USDA Forest Service, USDA Natural Resources Conservation Service, and other sponsors.

The RFP for the 2009 Small Watershed Grants Program is now live on the National Fish and Wildlife Foundation website, at www.nfwf.org/smallwatershed, where you will find information about the program, how to apply, and a link for the webinar we will conduct on Monday, March 16 at 12 noon. The webinar will provide guidance on how to prepare competitive applications for the CBSWG Program, as well as information about NFWF’s new Easy Grants online application system.

For more information about how to apply via Easy Grants, please go to www.nfwf.org/applicantinfo

To start an application go to www.nfwf.org/easygrants

applications are due May 1, 2009.

Senators Barbara A. Mikulski and Benjamin L. Cardin (both D-MD) have announced that $23 million will be released as part of the Chesapeake Bay Watershed Initiative, a program included in the 2008 Farm Bill that provides the region’s farmers with assistance to implement agricultural conservation practices.

“The Chesapeake Bay is not only Maryland’s greatest natural resource, it’s part of who we are as Marylanders – our heritage and our culture,” said Senator Mikulski. “Maryland communities and farmers want to do right by the Bay, but they can’t do it on their own. Senator Cardin and I fought for these funds in the Farm Bill to give our farmers the know-how and resources to conserve farmland in a way that protects creeks, streams, and rivers from the nutrients and runoff that pollute the watershed and contribute to the decline of the Bay. These conservation measures are a crucial part in restoring the Chesapeake Bay.”

“This long-delayed funding represents a major investment in Maryland agriculture and in our Bay. Both our farms and Chesapeake Bay will benefit from the numerous conservation practices these funds will pay for,” said Senator Cardin, a member of the Senate Environment and Public Works Committee. “The farm bill funding that we secured in last year’s legislation represents the largest infusion of federal funds ever for pollution abatement in the Chesapeake Bay. To our farmers, watermen and all who love the Bay, today’s announcement means that help is on the way.”

The 2008 Farm Bill provides $188 million over the next four years to support restoration of the Chesapeake Bay and its watershed, which represents one of the largest single federal investments in the clean-up effort and an unprecedented targeting of Farm Bill resources to a specific watershed. Congressionally authorized future funding levels are $43 million in 2010, $72 million in 2011 and $50 million in 2012.

Supported agricultural conservation practices such as nutrient management, cover crops, crop residue management and vegetative buffers will improve water quality, preserve and enhance natural resources, and reduce the pollutants flowing into the streams, creeks and rivers that feed the Chesapeake Bay.

Technical and financial assistance will be available to eligible landowners to address wetland, wildlife habitat, soil, water and related natural resource concerns on private agricultural land in parts of Delaware, Maryland, New York, Pennsylvania, Virginia and West Virginia. Landowners will also be assisted with planning, designing, implementing and evaluating habitat conservation and restoration.

The agricultural community has made many significant contributions during the past 25 years to improve water quality and habitat. Agriculture remains a key part of the solution to Bay restoration, and the Chesapeake Bay Watershed Initiative will provide vital funding to increase necessary conservation practices.

The Chesapeake Bay Program is a unique regional partnership that, since 1983, has coordinated the restoration of the Chesapeake Bay and its watershed. Partners include the states of Delaware, Maryland, New York, Pennsylvania, Virginia and West Virginia; the District of Columbia; the Chesapeake Bay Commission, a tri-state legislative body; the U.S. Environmental Protection Agency, representing the federal government; and participating advisory groups. For more information, visit www.chesapeakebay.net.

The Severn River Association has sent a letter to Governor O’Malley concerning development in Sullivan’s Cove. The letter expresses members’ concerns over failures by agencies of the state of Maryland to protect the Severn River watershed.

The association states that “Any issuance of permits enabling the developments proposed for Sullivan Cove is wholly incompatible with mandates applicable to the Severn River.”

The letter asks Governor O’Malley the relevant Maryland agencies take every action to assure that the permits in question are denied, and that the construction of piers across the sensitive Sullivan Cove on the Severn River is not allowed to proceed.

The Severn River is designated by the General Assembly as a Maryland Scenic River. The proclamation states that the Severn is a “free-flowing river whose shoreline and related land are predominantly forested, agricultural, grassland, marshland, or swampland with a minimum of development…” The Act mandates the preservation and protection of its natural values, and Maryland governments are required to take whatever action is necessary to protect and enhance the qualities of a river so designated.

According to a U.S. Environmental Protection Agency report released on January 16, 2009, Maryland leads the mid-Atlantic coastal states in its level of preparedness for a dramatic increase in storm surge flooding and coastal erosion because of climate change.

Coastal Sensitivity to Sea Level Rise: A Focus on the Mid-Atlantic Region, which assesses impacts of sea level rise on the infrastructure and ecosystems in New York, New Jersey, Delaware, Maryland, Washington, D.C., Virginia and North Carolina, finds that rising sea level will likely contribute to more frequent flooding that could have major consequences for transportation and commerce.  However, the report also states that “Maryland has taken a proactive step towards addressing a growing a problem by committing to implementation of [its sea level rise response] strategy and increasing awareness and consideration of sea level rise issues in both public and governmental arenas.”

“Our State is particularly vulnerable to the impacts of climate change — including sea level rise — and our human activities clearly contribute to its causes and consequences,” said Governor Martin O’Malley.  “Through the efforts of the Maryland Climate Change Commission, we are making real progress in both preparing for the impacts of climate change but also in reducing the actions that contribute to it.”

In April 2007, Governor O’Malley signed an Executive Order creating the Maryland Commission on Climate Change, charging the State’s best scientists with determining what Marylanders can do to adapt to the consequences of climate change and to begin reversing global warming trends.   In August 2008, Maryland’s Commission on Climate Change issued a Climate Action Plan detailing the effects global warming will have on our state and recommending 61 specific actions to reduce global warming pollution and protect Maryland’s people and property from rising sea levels and changing weather patterns.

A preliminary analysis indicates that, by 2020, implementation of these strategies could result in a net economic benefit to the state of approximately $2 billion, and a study by the Baltimore-based International Center for Sustainable Development shows that Maryland could create between 144,000 and 326,000 “green collar” and research and development jobs by developing clean energy industries, contributing $5.7 billion in wages and salaries boosting local tax revenues by $973 million and increasing gross state production by $16 billion.

“As we chart a course for the future for all Marylanders — even as we seek to address serious challenges such as climate change, a national fiscal crisis, rising energy costs and more — we must remember that the connection between a strong economy, a healthy ecosystem and our preferred quality of life is inherent.  Each of us should be inspired by this knowledge as we explore our individual roles in achieving our shared goals for a smarter, greener more sustainable Maryland,” added Governor O’Malley.

Under the O’Malley-Brown Administration, Maryland has begun to reduce pollution and address the serious issue of climate change through: the Regional Greenhouse Gas Initiative, Clean Cars Act, and EMPOWER Maryland programs; increasing Renewable Portfolio Standards to increase our use of clean energy; enacting “living shorelines” requirements; strengthening the Critical Areas Act to protect sensitive shorelines; adopting new green building standards for public buildings and investing in green technology for schools; transitioning the state’s fleet to hybrid buses; fully funding land conservation programs; and reinstituting the Office of Smart Growth; supporting transit-friendly development; improving mass transit options; encouraging smart growth BRAC zones; and, providing both technical and financial assistance to Maryland’s coastal counties to adapt to sea level rise.

The Maryland Board of Public Works has approved preservation of one of the largest privately-owned contiguous forestlands in Maryland, a 4,769 acre-property located in Worcester County.

“Today we took advantage of a historical opportunity to permanently protect a great natural treasure on Maryland’s Eastern Shore, one that offers boundless outdoor recreation and sustainable, green job opportunities,” said Governor Martin O’Malley.  “Protecting this invaluable wildlife habitat and pristine landscape is a legacy that Maryland’s families expect and deserve, and the wisest use of our Program Open Space funds.”

Located in the Nassawango Creek and Pocomoke River watersheds, the Foster property borders the state’s certified sustainably-managed Chesapeake State Forests, and received one of the highest ecological rankings to date under the Governor’s new Program Open Space targeting system.  Five rare, threatened and endangered wildlife and plant species, including White-fringed orchids, inhabit the property.

“One of the most precious legacies we can leave our children is a beautiful landscape that they can value as much as we do,” Congressman Wayne Gilchrest who helped secure federal funding for the acquisition.  “Bald eagles soar and scarlet tanagers fly free amidst the loblolly pines, bald cypress and old oaks on this breathtaking property.”

The property, preserved through collaboration among The Nature Conservancy, Maryland Department of Natural Resources, State Highway Administration, Maryland Department of General Services and the U.S. Department of Transportation will be purchased for $14,400,000 that includes funds from state-side Program Open Space and $5,110,609 in federal SAFETEA funds.  The average cost per acre is just over $3,000. A map of the property will be online at www.dnr.maryland.gov/dnrnews.

“The Foster property is just such a priority, and its protection by the State, together with The Nature Conservancy’s holdings at our Nassawango Creek Preserve, will create an expansive natural gem that future generations of Marylanders will be able to enjoy for years to come,” said Nat Williams, Director of The Nature Conservancy of Maryland/DC.