Water Resources Functional Master Plan Digest of Comments from the Anacostia Watershed Citizens Advisory Committee January 13, 2009

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1 MDE = Maryland Department of the Environment M-NCPPC = The Maryland-National Capital Park and Planning Commission WSSC = Washington Suburban Sanitary Commission MDNR = Maryland Department of Natural Resources DPWT = Department of Public Works and Transportation SWM = Storm Water Management DER = Department of Environmental Resources WTM = Watershed Treatment Model ESD = Environmental Site Design TMDL = Total Maximum Daily Load ACE = U.S. Army Corps of Engineers AWCAC = Anacostia Watershed Citizens Advisory Committee General Comments from the Forum How is Smart Growth related to strong Stormwater controls? AWCAC had SWM controls discussion with MDE. Montgomery County s SWM controls are strong. Smart Growth statements must be backed with data. How fast is growth and redevelopment occurring? [Several people expressed interest in the relationship between Smart Growth and SWM controls.] There is a relationship between Smart Growth and SWM, but we may find that Smart Growth alone does not protect water quality. Need to look at what land uses exist in the region, not just centers, but how it is organized on the ground? Industrial land flanks the creeks this is a problem; this concern is historical because rivers were our main transportation source at one time. How do we adjust this to get the industrial uses appropriately placed? Montgomery County SWM controls are relatively strong yet stream water quality continues to suffer. Yes SWM and Smart Growth are important, but each alone is not enough. We need Environmental Site Design (ESD), SWM controls, infiltration tools that will be effective. In Montgomery County, the question is how to retrofit. Redevelopment and retrofit (green roofs, on site bioretention, infiltration, roof runoff going straight into the ground). Smart Growth and Smart SWM go together. Recognize the value and importance of establishing, preserving, and maintaining conservation areas and easements for water resource protection. Establish assessment standards to evaluate the cumulative impacts of development on water quality. Champion Environmental Site Design (ESD) approaches to stormwater management through support for its implementation in new and redevelopment projects, as well as during retrofits of existing systems. Establish assessment standards and criteria to evaluate the cumulative impacts of development on water quality. Identify existing legislation, regulation, protection goals..

2 Effective efforts to protect water resources will be important in the new state required stormwater regulations and MS4 permits. Projects will be evaluated to assure that: Montgomery County has proclamations, plans, etc. relating to protection of water resources, but enforcement is not taken seriously. The only thing that is effective is a stop work order, which is very seldom used. Fines are too low, which makes them an ineffective deterrent. Environmental Site Design (ESD) was incorporated to the Maximum Extent Possible (MEP). The project promotes community involvement Includes an educational component Recognizes the principles of pollution prevention Improve the quality of impaired water and protect healthy water in the county through short-term actions as well as a long-term commitment to effective stormwater management and water resources protection Champion Environmental Site Design (ESD) approaches to stormwater management through support for its implementation in new and redevelopment projects, as well as during retrofits of existing systems. DER is in the process of producing the MS4 requirements which additionally address enforcement. This is an iterative process that provides additional regulatory strength with additional limits, requirements, and goals. The development of all county Total Maximum Daily Loads (TMDLs) will provide yet another Secure the sustained success of ESD facilities by establishing guidelines and standards for design, implementation, and maintenance Improve the permit review and oversight procedures for wastewater discharge, NPDES permits, and well water withdraws to achieve point source pollution control and support conservation management of aquifers. Aggressively enforce laws regarding erosion control, critical area encroachment, wetland and source water protection, stormwater management, and woodland conservation 2

3 Bi-county cooperation is good, as well as coordinating with DER and other agencies. Through this partnership, we could achieve some real cooperation with the other jurisdictions. Water Resources Functional Master Plan There are currently coordination efforts on a number of projects, but additional work needs to be done. Collaboration and cooperation (multi-agency and inter-governmental) are critical to overall success. Assess, evaluate and recommend improvements to the coordination process between agencies responsible for water resources protection and watershed planning. Do you agree that now is a good time to move forward with enforcing environmental requirements that developers are obliged to implement, during this time of limited funds for private investment? This would include penalties for violations, which developers are not anxious to incur at this time. When will the WRFMP be completed? In terms of new development, the Water Resources Plan will look at development capacity; water is a renewable resource, but not unlimited. Prince George s County may be closer to build out, based on water resource needs than assumed. But, through modeling we can change what development is planned, and make recommendations with a viable test point. This is why we should set limits; focus on land use that is sustainable. Environmental health is not separate from economic health. Both support each other in the long term. By forgoing environmental regulation now we can expect to pay heavily later through the implementation of significant infrastructure to remove pollutants. Our target date is October The Plan must go through Prince George s County Planning Board adoption and County Council approval. As well as county agency buy-in and state approvals. Coordinate regional planning efforts to advance water resources management, improve receiving water quality, implement groundwater recharge practices, and apply source water and aquifer protection measures Establish assessment standards to evaluate the cumulative impacts of development on water quality. Improve land use and zoning principles and standards to champion compact growth patterns outside of land and within transit serviceable areas. Acknowledge and apply the overarching principles of sustainability to land planning policies and practices. Adopt policies that will guide both development and conservation within watersheds to improve or maintain water resources. Ensure the transparency of the planning process and provide opportunities for citizen participation in decision making that impacts water resources. 3

4 The county produces excellent plans, but no implementation. What can be done to improve this? Here are some points to consider: 1-Sustainable Santa Monica, CA. Effort given and accomplishments achieved are the two criteria they are judged by. We should invite the sponsor from CA her family lives in Cheverly. 2-There are some esoteric assumptions built into the plan. It is not good to plan for yesterday s problems. We need new assumptions. 3- Zero-net discharge does the plan take this into account? We need standard operating procedures (SOPs). 4-Groundwater contamination is a problem. We should find the source of it; identify industrial sites along our waterways; MDE is not doing this, but it should be done. Look at multiple environmental measures. Is our goal to restore the Anacostia River, or just manage it? There is a need for regulatory control over land use. Here is a wish list for Prince George s County to have: Water Resources Functional Master Plan Implementation is very important, and we will focus on policies and strategies that move land use planning forward, such as: 1-Addressing impaired waters 2-Managing rainwater on site 3-Implementing ESD and LID 4-Focus on redevelopment and compact growth to accommodate new households and jobs 5-Plan to grow up, not out 1-Strong development and redevelopment regulations similar to Montgomery County s (strong growth control guidelines) 2-Strong Prince George s MS4 permit; TMDL plan should be enforceable 3-A Road Code: control ¼ inch of SW, 20% of road budget should go to SWM 4-River Smart Homes 5-Ban on coal tar sealants Planning has a part to play along with other county agencies. M-NCPPC will develop the WRE to comply with the state mandate. Land use analysis in the WRE will dovetail with the MS4 permit. The WRE will be developed as a policy plan that is supported by DER and other agencies and will support the MS4. We re working with the agencies (DER) using the 12-digit watershed to develop watershed management plans and working with the larger state and federal agencies that look at the entire Chesapeake Bay watershed. Improve land use and zoning principles and standards to champion compact growth patterns outside of land and within transit serviceable areas. Identify existing legislation, regulation protection goals. Prioritize funding and resource allocation based on a project s contribution to economic, environmental, and human health. Identify existing legislation, regulation protection goals. Prioritize funding and resource allocation based on a project s contribution to economic, environmental, and human health. Develop ecosystem- and science-based watershed management plans. 4

5 If we call Stormwater rain water and see it as a resource, perhaps we can focus on reducing contamination. WRE is part of a bigger puzzle, that includes: 1-How Smart Growth relates to TMDL, Tributary Strategies, time lines, agencies 2-How all of these work together to reduce nutrient loading rates Heavy metals and other toxins in the water kill the salmonella from the chicken farms before it gets to folks downstream, so agriculture is not as much a threat as is projected. Heavy PCB contamination must be addressed. Land use planning could address this in an excellent way. Current water and sewer planning is adequate in Montgomery and Prince George s County. We need to continue to address stormwater issues Improve land use and zoning principles, standards and guidelines to champion compact growth patterns outside of land areas and within transit serviceable centers and corridors. Improve the quality of impaired water and protect healthy water in the county through short-term actions as well as a long-term commitment to effective stormwater management and water resources protection. Montgomery County is built out and agricultural conservation is taking place in the county. Prince George s County thinks it isn t built out, but it may be there. We need to revitalize the Anacostia River. It will be important to support the greenfields (keep them green) because it serves an ecological purpose. This is one issue that the Water Resources Element will examine: how much future development will the county be able to handle. Establish assessment standards and criteria to evaluate the cumulative impacts of development on water quality. Maintain healthy hydrologic systems that maintain minimum stream flows, control flooding, support neighborhood, community and countywide health, and protect and preserve environmentally sensitive features and living resources. 5