28 Nov 03 update

TO: Chair Montgomery County Planning Board
CC: Montgomery County Council
FROM: Residents in the Upper Sligo Watershed (Silver Spring, MD 20902)
SUBJECT: Preliminary Plan 1-02023 - Westchester- Nairn- Blueridge development

Dear Chairman Berlage;

We would like to thank the Staff of the MNCPPC Environmental Planning

Division for their thoughtful analysis of this fragile site and the impact of this proposed development and their recommendation to mitigate some of the impacts on Sligo Creek with a Conservation Easement. We would also like to thank the Planning Board for consideration of further input on the negative consequences of this development.

Any development on Sligo Creek affects not just those adjacent to the development itself but everyone and everything downstream of the development. On behalf of all those who live along, enjoy and care for

Sligo Creek and the park as well as those creatures of the park and creek who cannot speak for themselves- we urge you to reconsider approval of ANY development at this marginal and fragile stream valley site at the current headwaters of Sligo Creek.

If the Planning Board goes ahead with approval of this development we demand first a response to and action on the undressed issues and questions we raise below regarding the impact of this development and the lack of sufficient safeguards put in place to minimize the impact.

Millions of dollars and a huge amount of paid staff and unpaid citizen volunteer time have been spent over the last ten years in attempting to restore Sligo Creek, which has been severely degraded by adjacent development, to some vestige of it's former health. In this effort citizens and organizations such as Friends of Sligo Creek and many Civic Associations have joined with the Department of Environmental

Protection, the Anacostia Watershed Society, Council of Governments and others working to improve the physical and biological water quality of Sligo Creek watershed. It is our belief that only by all the

Government agencies and departments working together; including the Planning Board with these citizen groups can we improve the water quality of Sligo Creek and by extension, the Anacostia River, the Potomac River and the Chesapeake Bay.

However, continued development and increase in impervious surface in the Sligo Creek Watershed hamper restoration. Lack of attention to upstream problems is a major factor. Once the water is in the creek it is a problem for the whole creek downstream. Yet no attention whatsoever has been paid to the deplorable conditions at the Channing-Blueridge Headwaters area regarding unchecked run-off from roads, residences and county-owned property.

The Headwaters and the tributaries running into the Creek north of this proposed development have all but vanished- they have been piped and then grassed or paved over. Most of the right-of-ways were sold off.

Yet instead of attempting to correct old errors and mitigate the effects of development in ways we now have the knowledge to, inappropriate developments like this one are approved by the Planning Board.

Time and time again, developers have been coming into our community with permits to build on marginal land. Not only has development on this marginal land caused damage to the watershed, many of these homes have problems with water flooding into their basements, including many homes above where this new home will be. This year alone many homes in our community have suffered extensive water damage.

Whose fault is this? Even when technically they could not/should not build developers have been granted waivers to build -for example on Ladd Street a new house was built totally within the hundred year flood plain in a wetland replete with skunk cabbage simply because the developer asked for and was granted a waiver. The current residents suffer from flooding. The Creek suffers from huge stormflows through adjacent huge pipes installed to keep the inappropriately sited homesites from flooding. Flows that at one time would have been absorbed and slowed by the native vegetation in that wetland. But the flooding still occurs. The builders do not take responsibility as long as the Planning Board lets them build wherever and whatever they want whether such building and the type of building is appropriate for the site. Does it make sense to build a house with a basement when the watertable is near the surface of the ground? Yet you approve such construction all the time!

Throughout our community homeowners (especially the newer homes) pipe their rain leaders and sump pump discharges directly onto the street and into sewers in an attempt to keep their property dry.

All of this adds to the stormwater related damage to Sligo Creek. How will this building and site be different? What is to keep the developer from building a house that is environmentally inappropriate for the site? Current construction has contributed to homeowners who see water, and the stream they should cherish, as their enemy to be kept at bay. What will be done here to change bad old building practices that cause problems for the Creek and the residents?

It was noted by Planning Board staff that this forested area is a high priority area environmentally. This property is marginal land at best for building and adjacent to the creek and its narrow and fragile buffer. Approving the removal of large numbers of mature trees with their roots which would otherwise absorb large amounts of water and provide shade and habitat, then adding new impervious surface- turf (considered also to be "impervious surface"), roofs, and pavement, and potentially introducing additional fertilizers, pesticides and herbicides will only undo the efforts of other county agencies and departments, and citizens groups working to restore Sligo Creek.

Run off from the house and its driveway will go directly into the creek along with chemical fertilizers, pesticides or herbicides the new homeowner uses. Is there any provision for preventing this?

The Planning Board Staff mandated a Forest Conservation Easement and

We thank them for that. However, again the devil is in the details:

1. Who will monitor the Forest Conservation Easement? Will a fence be put up to demarcate the easement so that it can be monitored? What will prevent the homeowner or the developer from damaging the roots of trees at the edge of the easement?

2. What will prevent the homeowner from cutting down all other trees on the property no matter how carefully preserved by the developer?

3. The proposed stormwater management plan calls for providing a dry well and swale. What guarantee will there be that the homeowner will not disconnect the dry well when it fails (please see the links below to information on dry wells- which must be carefully maintained to function)? What guarantee will we have that the future homeowner will not fill in the swale in order to have a flat turf, or pipe their stormwater water runoff onto the street or into the drains leading to the creek as many residents are now doing with no impunity?

4. What guarantee will there be that the home will not have a basement that will flood as almost all the new basements in the area do and lead to environmentally harmful responses on the part of the homeowner?

The history of development in this community has been deplorable for the local environment and for residents who must deal with bad building practices inappropriate to this stream valley area. We urge you to work with us in restoring Sligo Creek and the entire Chesapeake watershed. We urge you to consider the history of the inappropriate development in our community, the fragility of this marginal site and its importance to any restoration efforts at the headwaters and be extension down-stream and not continue damaging development decisions by approving this development. If you ignore our pleas then we demand you first respond to our satisfaction to the issues and concerns we have raised.

We thank you for your attention and look forward to your responses.

Kathleen Michels
Upper Sligo Civic Association
1701 Ladd St.
Silver Spring, MD 20902
301-649-5684

Edward B. Murtagh
Sligo Headwaters Civic Association
104 Ventura Ave.
Silver Spring, MD 20902
301-649-7266

See below on information on stormwater BMPs

Go to for information on dry wells. Dry wells/infiltration systems are ineffective in areas with high groundwater tables. Also, dry well effectiveness can be impacted by sediment and organic particles from leaves and pine needles. These systems must be carefully monitored to ensure effective operations. The manual also recommends that a using a QUALIFIED soil scientist to determine if soil conditions are appropriate for infiltration. Given the history of flooded basements, we should ask if this was done. The document notes that these systems should not be used in areas with limited permeability. The document notes that these systems are difficult to maintain, owner MUST monitor the infiltration rates/effectiveness.

Additional information. Again, this document stresses that it is extremely important in the construction of these systems to consider soil types. Requires professional assessment. Soils must be porous and can absorb required quality of stormwater. Document notes that these systems can be effective in stormwater quality management, but are ineffective in stormwater quantity management. Also notes that these systems require regular inspection and maintenance. www.forester.net/sw_0205_bmp.html also notes the importance for regular maintenance for long-term viability of all BMPs. Notes "out of sight/out of mind" neglect can be a major problem.