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St. Mary’s County waives environmental regulations -
Rules them to be too onerous on developers
To the Editor:
St. Mary’s County officials ruled last week that developers no longer have to abide by those pesky little environmental regulations. In a unanimous ruling, the St. Mary’s County Board of Appeals granted developer P.F. Summers carte blanche license to develop without regard to environmental restrictions in the St. Mary’s County Stormwater Management, Grading, Erosion and Sediment Control Ordinance (adopted 05-13-2002).
Last summer, the local watershed protection organization, Potomac River Association, filed the appeal, which precipitated today’s decision. PRA argued that the grading permits for six lots of the 58-lot Woods at Myrtle Point subdivision could not meet the terms of the local ordinances. Under section 4.4.3.h of the ordinance, development is forbidden on lots with excessively steep slopes.
Throughout the past two and a half years of site clearing and roadway construction, Maryland Department of the Environment inspectors—more often than not—reported that the site did not meet the State’s stormwater control requirements. At least three times, stop work orders were issued for egregious violations. In one instant in which a sediment trap had become overwhelmed with mud, tank trucks were brought in to flush the mud out of a trap and down into the river. In an email to a local resident, MDE inspector Gregg Kolarik stated that this instance was more than just an oversight, but clearly intentional and criminal in nature. No fines were levied.
Testimony on the track record of the subdivision, the erodible nature of the soils, and the decreasing depth of Mill Creek was not welcome by the Board of Appeals. The chairman repeatedly stated, “Keep the testimony to the grading permit for the six lots.”
Countering neighbors’ testimony that mud routinely filled Mill Creek after every rainfall of an inch or more, P. F. Summers representative Jim Gotsch told the Board of Appeals that brown waters entering Mill Cove Creek, a tributary to the Patuxent River, did not contain pollutants, saying “It’s like coffee.”
The Board of Appeals has 60 days to issue the written ruling on the case, Potomac River Association et al v. St. Mary’s County. PRA president Erik Jannson told media representatives that they will wait for the written ruling before announcing plans to appeal to the Circuit Court. They have 30 days to appeal.
Upon being told of the Board of Appeals ruling, Kolarik said in an email “Losing
the appeal is a huge blow to the citizens of St. Mary’s County. They just don’t
realize it.”
Bob Lewis
Park Hall
Bob Lewis is Executive Director of the St. Mary's River Watershed Association.
