2004 Year-End Update
President’s message
2004 was a very active year for the Friends of the Nanticoke.
We have continued our traditional efforts, including participation in the
Vienna Shad Festival, hosting river cleanups, and advocacy for the river and
its surrounding lands. We also embarked on several new initiatives and
activities as detailed below.
Visiting Roatán, Honduras for the first time this January showed
me how connected the land and water are in a tropical island / fringe coral
reef environment. Fairly limited land clearing has resulted in heavy
erosion, with topsoil- and clay-loaded waters streaming into the island’s
lagoon and even onto the reef itself at times after heavy storms. Almost
half of the coral has now died.
This connection is not as visible for most of us living in the
Nanticoke River watershed, but it is just as important and as fragile. Land
use is the most critical issue facing us as we attempt to protect the water
and its resources. The rapid population growth and rate of housing
construction in the river’s watershed is resulting in both increased runoff
and increased loading of pollution, both in the form of toxic substances and
of nutrients. And new research from the Smithsonian Environmental Research
Center shows that among many factors studied, the amount of development in a
watershed is most important for determining the condition of estuarine
waters downstream.
The Friends continue to make conservation of natural areas a
high priority, and I am very excited about the results of the voter survey
reported below. We plan to work hard to build momentum for protecting the
river among all of the watershed’s residents. I am pleased to have you as
our most vital supporters!
Edwin Lewis marsh hunting complex construction on Rewastico Creek
After a second hearing before the Wicomico County Board of Zoning Appeals,
which again rejected Mr. Lewis’ request, the case is again being appealed
through the Maryland court system. As of yet, there is no news on the
ruling of the Court of Special Appeals regarding the findings of the
Board, which were again upheld at the local Circuit Court level.
Wetipquin
Creek Bridge
In
August, the US Coast Guard announced its intent to require Wicomico County
to raise the elevation of this 50-year old structure as a condition of
granting the required permit, in response to a request by a few
landowners. However, after an extensive letter-writing campaign initiated
by the Friends, and with help from the County Council and from our three
congressional representatives, the Coast Guard agreed to let Wicomico
County pursue the option of maintaining the current dimensions by
repairing the bridge in a comprehensive manner. This can be done without
loss of the state money earmarked for the bridge, and it will also avoid
extensive damage to the creek and its wetlands that the expansion and
subsequent large boat traffic would have generated.
Work with the Nanticoke Watershed Alliance
The
Nanticoke Watershed Alliance ended 2004 in excellent shape, with a
full-time, outstanding executive director (Karen Lukacs) and solid
funding. We continue to achieve many important goals through partnership
with the NWA. This year’s projects included a “Living Shoreline”
restoration and Coastal Cleanup at Roaring Point Park and the annual Shad
Festival at Vienna.
Public
opinion survey
Also through partnership with the NWA, we are continuing our Green
Infrastucture initiative. A public opinion survey of Wicomico County
registered voters, funded by the Community Foundation of the Eastern
Shore, has just been completed by the Center for Public Affairs and Civic
Engagement (PACE). The results show that voters in Wicomico County
strongly support conservation of natural resources, and that they are
concerned about the effects of unplanned and excessive growth on the rural
character of their county. You are all invited to attend the next meeting
of the NWA on March 15 at 3:00 pm on the second floor of the Greater
Salisbury Building, where PACE co-director Harry Basehart will present the
complete findings of the survey.
2003 Year-End Update
The
ongoing matter of the hunting lodge construction in the marsh near Rewastico
Creek by Edwin Lewis without permits and counter to Critical Area
regulations has taken a new turn. Last month, the Maryland Court of Appeals
(the highest state court) on a 4-3 vote overturned the ruling by the lower
Court of Special Appeals, and the findings of the local Board of Zoning
Appeals, that the construction would not be permitted. The high court ruled
that the Board of Zoning Appeals had not proven that Mr. Lewis had harmed
the river by his activity. The premise of the Critical Areas law is that
cumulative impacts of development within 1000 feet of tidal waters are
harming the bay and must be minimized. No one project can be conclusively
linked to water quality, but all contribute to some degree. In addition,
the fact that this work was done in flagrant violation of the law, without
any permits, makes it even more alarming that the high court would grant Mr.
Lewis’ appeal. The state requested that the high court re-hear the case,
which it refused to do. This decision has greatly threatened the Critical
Areas legal situation regarding protection of shorelines from harmful
impacts. We are reviewing the ruling and plan to support the Critical Area
Commission in pursuing this at the county level, but perhaps the more
encouraging news is that the MD legislature will be considering a bill to
counter this ruling and give the state a mandate to deny such obviously
destructive activities. We will keep our members posted when it may be
helpful to contact legislators on this and other issues.
Another
issue impacting the river is the proposed change in elevation of the bridge
over Wetipquin Creek. In response to a request by a few landowners, the
Coast Guard informed Wicomico County that it must raise the bridge in order
to permit large boats to travel into the creek. The County Council voted to
oppose this mandate and to request a permit from the Coast Guard to replace
the structure as it is, and Senator Sarbanes and Congressman Gilchrest have
also appealed to the Coast Guard to reverse its position. The Friends feel
this is an unwise expense of taxpayers’ dollars in a time of fiscal crisis
within the state. This change will cost the county an additional $700,000
to $1 million, and will require ongoing maintenance dredging of the channel
to and perhaps beyond the bridge. We also argued before the County Council
that this is a pristine creek used by numerous canoe and kayak travelers,
and that boat wakes would cause serious damage to the wetlands upstream. As
of this time, a decision by the Coast Guard is still pending. Wicomico
County recently completed temporary repairs to this bridge, and it is now
submitting applications to the appropriate agencies for approval to replace
it with one of the same dimensions. We will continue to support the county
in this matter, as it proceeds in a way that is least harmful to the creek
and its wetlands.
The
Wicomico County Parks and Recreation Dept. has decided to pave the new
parking lot at the Nanticoke Harbor boat ramp. We encouraged them to employ
a system for treating the runoff from this lot before it enters the harbor,
and Gary Mackes and his staff have designed and will install a filtration
unit to trap oil and sediment, at a cost considerably lower than comparable
commercial units. We are hopeful that this system will be a great
improvement for the water quality in the harbor over the current packed
gravel bed that channels to a drain leading directly into the harbor, and we
appreciate the efforts of the Recreation and Parks staff to reach a positive
solution to this problem.
With the generous help and financial
support of Dr. Catherine Beise of Salisbury University, we now have a nice
web site at
www.friendsofthenanticoke.org. Please check this site for more details
on the above items from our mid-year update, if you missed it, plus notices
of upcoming events as they are posted in the next year! You’ll also find
some nice photos of past events and of the river itself – enjoy!
The
Friends co-sponsored the 5th Annual Lower Eastern Shore Wade-In
on June 21. Thanks to those of you who participated! We did an
unscientific assessment of water clarity at Roaring Point beach, on a
beautiful but windy day. This event was designed to draw attention to the
river and its water quality, and television news coverage was a big help in
this objective.
Volunteers from the Nanticoke
Watershed Alliance partners combined a canoe trip with the Chapel Branch
cleanup and cook-out on an absolutely beautiful late summer day. Among the
interesting trash were a computer monitor washed up into the marsh, and a
perfectly good (ask Frank Connor!) barrel. This was not long after
Hurricane Isabel, so the creek was washed clean in places and trash was
focused in others.
2002 Year-End
Update
·
Anniversary tree planting update:
The trees we planted at Roaring
Point have so far about a 66% survival rate, which is excellent considering
the heavy deer grazing and the severe drought they have had to endure.
·
2010 Agreement endorsed by the Friends
This year, the Eastern Shore Land
Conservancy was joined by MD Congressman Gilchrest to propose a voluntary
agreement among Eastern Shore (Maryland and Delaware) counties to form a
regional partnership to, among other initiatives, protect from development 50%
of Eastern Shore land outside locally-designated growth areas by 2010. So
far, the 6 Upper Shore MD counties have signed this agreement, and we will
continue to support efforts to encourage the other counties to join as well.
·
Wicomico County Zoning legislation
We sponsored a public forum in
February to air issues related to the county’s proposed zoning ordinance. We
will continue to provide input as this process goes forward in order to
protect open space and natural resources within the Nanticoke Watershed and to
ensure the most environmentally sound development possible. Two issues that
urgently need to be addressed are transfer of development rights and revision
of development design standards.
·
Roaring Point shoreline
Mitch Keilor from MD Dept. of
Natural Resources’ Living Shorelines is reviewing the erosion on the beach at
Roaring Point park. Characterization of the rates of loss and recommendations
for stabilization will be forthcoming. We are hoping to sponsor a
presentation on this subject for our members soon – more on this later!
·
Other political action
We have gone on record as opposing
the recent variance granted for construction of a Ready-mix concrete plant at
Sharptown, near Plum Creek (a tributary of the Nanticoke). We also have
entered testimony regarding, but did not oppose, other cases, including a
concrete crushing operation in Nanticoke and the resurfacing of Wetipquin
Road.
·
Glatfelter properties protected from development
At a cost of $744 per acre, Maryland
has agreed to protect with conservation easements (and some outright purchase)
almost 20,000 acres of forests, nearly 4,000 acres of wetlands and 31 miles of
streams along the Eastern Shore and in Southern Maryland formerly belonging to
the Glatfelter Pulp and Paper Co.
·
Water quality data available
The Chesapeake Bay Program has a
very nice web site for information on water quality in the Nanticoke. Recent
drought conditions are clearly illustrated in elevated salinity, and other
factors that affect life in the river are also depicted. Below is a sample
graph. For more, log on to:
http://mddnr.chesapeakebay.net/eyesonthebay/index.cfm .
2001 Year-End
Update
EDWIN LEWIS
PROJECT
The Wicomico County Circuit Court
upheld the ruling by the Board of Zoning Appeals denying Mr. Lewis a variance
for construction of several buildings comprising a duck hunting camp within
the Critical Area 100' buffer zone (done in 1999). It is not clear now
whether Mr. Lewis will appeal this decision to the state level.
BLADES MARINA
On Aug. 29, 2001, the US Army Corps
of Engineers served BEDCO (the marina developers) with a Cease and Desist
Order for wetlands violation (they had impacted more wetland area than
permitted). This matter is still pending.
One month later, on Sept. 28th,
we received word from the Superior Court of the State of Delaware that Judge
T.H. Graves had upheld the decision by the DNREC Secretary to approve the
construction of the marina. The judge didn't give any indication that he
viewed our concerns as valid, nor did he appear to leave room for an appeal.
Therefore, the Friends’ Steering Committee voted not to appeal this decision
to the state Supreme Court, which would have cost approximately $20,000.
While this decision is
disappointing, it does not invalidate the importance of our appeal, and we
have fulfilled our mission of bringing the environmental and economic concerns
to light. We have made an important point that groups such as ours are
concerned about and will mobilized in response to future such decisions that
are contrary to State environmental laws.
DNREC and the citizens near the
marina will need to be vigilant in monitoring its operation and impacts, and
the Friends will not hesitate to take action if we perceive that illegal
environmental degradation is occuring.
10th ANNIVERSARY
CELEBRATION
We joined to celebrate our 10th
anniversary in several ways: we held a get-together at the Tyaskin Pavilion,
where we first organized as a group, and we canoed, shared great food, and
reviewed the history of both the Friends and the town of Tyaskin with several
long-time residents. We also held a tree planting (funded by a generous grant
from the Chesapeake Bay Trust) at Roaring Point Park, where we planted 130
trees of 5 different native species with help from the Salisbury University
Bioenvirons Club, the J.M. Bennett High Environmental Club, and the Maryland
Conservation Corps.
CONCRETE
We have been involved in 2 matters
relating to concrete and the river, and are continuing to investigate a
proposed ready-mix plant near Sharptown. The first proposal related to an
operation in Nanticoke, where we obtained a restriction requiring the
installation of a silt fence around the area to prevent runoff to a nearby
tributary creek.
PUBLIC FORUM
We co-sponsored a public forum on
Wicomico County growth issues at Salisbury University on February 26. We
remain actively involved in local planning issues as they affect development
within the river’s watershed. Pressures on farmland and open space have never
been greater, and they threaten the health and survival of the Nanticoke.
2000 Year-End
Update
Blades Marina
We have continued our opposition to
the proposed Blades Marina by taking the case into Delaware Superior Court.
(We were able to bypass the Environmental Appeals Board, with agreement of all
parties, which saved us a considerable sum of money in legal fees.) The
marina was approved by the secretary of the Delaware Department of Natural
Resources and Environmental Control (DNREC), despite objections on the part of
DNREC staff.
In 1999, DNREC, based on its own
assessment of the Nanticoke River as “the most beautiful stretch of river in
Delaware and … one of the most pristine on the Chesapeake Basin,” containing a
“richly diverse array of wetlands and upland species of vegetation,”
designated the Nanticoke an ERES waterway, or a waterway of “exceptional
recreational or ecological significance.” However, the State of Delaware,
even before DNREC had completed its analysis of the marina proposal,
appropriated a total of $4,700,000.00 to fund the project and its land
acquisition. The enormous political pressure generated by this situation is
obvious, and, we feel, led to approval of a project that was neither
economically nor environmentally justifiable.
Our appeal is based on the following
arguments:
1.
The Superior Court should reverse the decision by the secretary of
DNREC to approve construction of the Blades Marina, because the decision was
not supported by substantial evidence.
2.
The secretary’s decision to approve an 87 wetslip marina violated the
state’s marina regulations. (In cases such as this, DNREC may issue a permit
only “for the alternative found to be the least environmentally
damaging practicable alternative.”)
3.
The secretary’s decision violated the specific requirements of the
Delaware Wetlands Act.
A decision on
this appeal is expected by mid-April. If we win (and I think the odds are
good), the marina developers have stated they intend to appeal to the state
Supreme Court. If we lose, an appeal is also open to us. In either case,
this will probably cost more money! As of now, we are in sound financial
shape, and we have some avenues available to us for help with future costs,
but you may be receiving an appeal for help in the future. Also, you should
know that the developers are proceeding with deforestation of the site in
preparation for excavation, which they do at their own risk pending the appeal
decisions.
Lewis marsh
project
On another front, we gave testimony
before the Wicomico County Board of Zoning Appeals on the Critical Areas
violation of Mr. Edwin Lewis, who constructed several cabins on a pristine
marsh above Rewastico Creek. After lengthy testimony, the board voted
unanimously to deny him permission to have any structures within the 100’
Critical Area buffer zone and to require him to remove those structures that
were. We are not sure whether Mr. Lewis will appeal this finding.
Green house on Manumsco Creek
In another case involving a Critical
Area violation, Mr. Kevin Green has applied for a Critical Area tidal buffer
variance to permit 2,300 ft2 of an existing dwelling to remain
within the buffer. The house is on Cherry Walk Road beside Manumsco Creek,
and tidal wetlands have been filled and the house sited improperly, apparently
based on an erroneous survey conducted years before construction (the owner
obtained a site plan approval without a new survey). The Critical Area
Commission is recommending moving the house, but the Board of Zoning Appeals
may find legal grounds for granting the variance. The county Planning and
Zoning Office is recommending other measures in the event the house is not
moved, considering that the family is living in the house and the necessary
county permits to build it were obtained. This is a very difficult case, one
that could set a dangerous precedent and one we are watching carefully. A
public hearing is tentatively scheduled for Feb. 13 at 7 pm in Council
Chambers.
Nanticoke
Memorial Hospital marsh destruction
We have also objected in writing to
a proposal by Nanticoke Health Services to fill in wetlands in order to expand
the hospital at Seaford out over the Nanticoke River. While we don’t argue
with the importance of adding to the hospital, we are certain there is a more
environmentally sound manner in which to do it.
Roaring
Point
The Friends of the Nanticoke have
continued to monitor the condition of the new Wicomico County park at Roaring
Point. We are urging the county to maintain the current gravel paving in the
parking lot and entry drive, instead of paving it with asphalt. It has
already been demonstrated that the gravel surface will handle wheelchair
travel without any difficulty, and this surface will generate much less
runoff, and ultimately less erosion, into the river. If you have a chance,
let Gary Mackes at the Wicomico County Parks and Recreation Department know
that you think the paving is fine as it is. He can be reached at 548-4900
x106. Public comment, as you know, carries a lot of weight, and Gary is
always willing to discuss any park matters with interested persons. We will
have some volunteer opportunities at the park coming up, too.
1999 Year-End Update
The Friends
accomplishments this year include:
·
Successful opposition of an appeal in Circuit Court of a plan to
expand a waste storage facility on Royal Oak Road.
·
The final purchase of the Roaring Point property by Wicomico
County for conversion to a low-impact park. We had hoped to host a formal
celebration of the protection of this special part of the river shore, but
county political concerns made this impossible. As of now, the park has
limited access until the planned improvements are completed. We will continue
to work with the county Parks and Recreation Department to ensure that the
impact of the improvements is minimized and public use managed so that it does
not damage the fragile wildlife habitat of the property.
·
Continued opposition to the proposed marina at Blades. The
Secretary of the Delaware Department of Natural Resources and Environmental
Control has approved the proposal, and the Friends have filed a formal appeal
of this decision, as have the Sierra Club and the Delaware Chapter of the BASS
Federation. A public hearing will be held sometime in March to review the
objections and the approval procedure.
