SaveSullivanCove

Docks/Bridges Block Access & Navigation to Wetlands

Virginia Clagett Introduced a Resolution for the Acquisition of Sullivan Cove - June 4, 1979

January 29, 2009

The Honorable Martin O'Malley

Office of the Governor

State House

Annapolis, MD21401

Dear Governor O'Malley,

Virginia Clagett Introduced A Resolution

For the Acquisition of Sullivan Cove – June 4, 1979

From 1978 through 1980, developers and environmentalist fought the first battle for the preservation of Sullivan Cove.  A portion of the marsh land was proposed to be subdivided and have 13 homes constructed. 

Fortunately, a forward looking steward introduced Anne Arundel County Resolution 28-79 asking for the acquisition of a portion of the Sullivan Cove Marsh as a critical area to preserve.  Virginia Clagett, the Olde Severna Park Improvement Association thanks you for the work that you did on behalf of future generations. 

From an article in the Evening Capital on June 24 1980, we learn:  “A Chevy Chase-based environmental group has purchased one of the Severn River’s last stretches of bog-covered marshland, Sullivan Cove, and will soon sell the tract to

Anne

Arundel

County

for preservation.”

“The tract purchased by the non-profit group is a sweeping expanse of wetlands just north of the community of

Round

Bay

.  Layers of peat float above the shallow water there, providing nourishment for such rare shrubs including sheep laurels, smooth winterberries and inkberries.  The marsh is a natural setting for an estimated 400 – 500 species of migrant water fowl, including ducks and geese.  Sullivan Cove is also a resting area for the Southern Bald Eagle, a bird spotted only rarely in central portions of the County.”

In 1979, Virginia Clagett fought for Sullivan Cove!   Senators and Delegates and Officials, will you step forward and fight for the preservation of Sullivan Cove today?

Call the Secretary of the MDE, Shari Wilson and Governor Martin O’Malley and express your outrage that the sanctuary we know today in Sullivan Cove will be lost forever if permits are issued for 400’ bridges across State tidal ponds.  Please help stop this assault on the

Severn River

.

Shari Wilson was heard to say (paraphrased) in a speech recently that the “cumulative effect of development is taking a toll on the health of our rivers.”  Secretary Wilson, if you believe this is true, then do not issue the permits for the bridges.  You have the authority.  The applicants can have their docks with reasonable access.  But, they should not be issued a wetlands license to erect bridges/walkways across precious

Maryland

State

tidal wetlands.

This issue is not about private property rights!  It’s about common sense and protecting the heath of the

Severn River

that is at a tipping point!  It this just going to be “one more Cut in Death by a Thousand Cuts?”  Our patient is dying! Please act to save the

Severn River

.

Sincerely,

Ted Kinkel

Community Affairs

OSPIA

tedkinkel@mris.com

www.savesullivancove.com

Sullivan Cove - What the 600' Bridges/Walkways have in Common with the Codd Case

 

 

 

January 28, 2009

 

The Honorable Martin O'Malley

Office of the Governor

State House

Annapolis, MD21401

 

Dear Governor O'Malley,

 

Sullivan Cove

What the 600’Bridges/Walkways have in

Common with the Codd Case

 

In September of 1994, a six year case between Nicholas Codd and groups of concerned citizens and environmentalists was concluded.  Beginning in 1988, Mr. Codd had pursued permits to build a 1720 square foot home, three levels, and on STILTS with additional disturbance of 1100 square feet to the Sullivan Cove Marsh.  The Maryland Department of Natural Resources refused to grant the variance based upon damage to the tidal wetlands and the

County

Board

of Appeals voted to prohibit building on a marshy lot on Sullivan Cove.

 

In the DNR conclusions in a letter to the U.S. Army Corps of Engineers on September 13, 1991, DNR stated:  “The existing site contains a diversity of vegetation, serves as a wildlife habitat, and provides other ecological functions from which the surrounding areas benefit.  The proposed activities and the subsequent increase in human activity will adversely impact habitat values associated with the immediate site, as well as the surrounding areas.  The ecological functions associated with the site will also be impaired by the disturbances.  The unique characteristics of the Sullivan’s Cove area place the protection of existing habitat conditions in the area at an elevated level of importance.  In consideration of the proposed impacts, the sensitivity of the Sullivan’s Cove area, and the proximity to the existing Sullivan’s Cove Natural area, strict adherence to the requirements contained in COMAR 15.15.09 is essential.”

 

Now, what do these two cases have in common?  The level of coverage by impervious surfaces to the tidal wetlands with the current application is estimated to be 1800 square feet (600’ of bridges/walkways x 3 feet wide).  Yet, the Codd home on STILTS impact on impervious surfaces is estimated to be 1673 square feet     (573 square feet for a three level home and 1100 square feet for a road).  Yes, a home and the road ways have less impact on impervious surfaces that the “Bridges across the wetlands.  Is anyone home at the Maryland Department of the Environment?

Construction of a home in the marshy land was refused based upon the impact to the environment.  Yet MDE is actively considering granting permits for a project that will have potentially more environmental impact than a home on STILTS.  This does not make any sense with respect to sound and consistent environmental policy.  It even undercuts the Governor’s environmental policy.  Governor O’Malley!  Are you aware of this?

 

Please call the Secretary of the MDE and Governor O’Malley and express your objections to any license to build bridges in the wetlands of Sullivan Cove.  This is not an issue of riparian or property rights.  OSPIA does not object to MDE granting permits to build docks.  We do object to the granting permits to build massive bridges across State wetlands and navigable water.

 

Sincerely,

 

 

Ted Kinkel

Community Affairs

OSPIA

www.savesullivancove.com

tedkinkel@mris.com

Sullivan Cove - The Perspective of the Severn River Association

 

 

January 27, 2009

The Honorable Martin O'Malley

Office of the Governor

State House

Annapolis, MD21401

Dear Governor O'Malley,

Sullivan Cove

The Perspective of the Severn River Association

The Severn River Association has been active for many years advocating for a healthy river.  The Association President, Kurt Riegel sent this letter to Governor Martin O’Malley in January 2009 and I want to share it with you.Please act now to save these amazing Maryland Statetidal ponds and wetlands from any development.  There is no need for bridges over this nature sanctuary.  OSPIA is opposed to bridges but not opposed to docks.  This is not an issue of riparian rights.  MDE can preserve the wetlands for future generations by granting permits for docks only from the edge of Sullivan Cove into the river.  This will eliminate the foot print of the estimated 400’ bridges over the State tidal water completely and still provide the applicants with access to the water with their docks.  The applicants already have a registered mooring field for their boats and can have access to their docks on foot through the Hatton Memorial Beach or via canoe/kayak.  This is the same way that all residents in OSPIA gain access to their boats.  It’s reasonable!

Call the Secretary of the MDE and Governor O’Malley and let them know that you support this reasonable and fair solution.  If the bridges and docks are licensed as currently designed, the Seven River will suffer another blow to its health and future recovery.

Sincerely yours,

Ted Kinkel

OSPIA

Community Affairs

tedkinkel@mris.com

www.savesullivancove.com

January 26, 2008

 The Honorable Martin O'Malley

Office of the Governor

State House

Annapolis, MD21401

 Dear Governor O'Malley,

 Sullivan Cove – What’s At Risk

The Perspective of a Previous Property Owner

Recently I received the email letter below from Carol Ann Jones.  Her family owned one of the properties where the new home owners have applied for permits to build massive walk ways over the tidal ponds.  She has a wonderful perspective that I want to share with you and her letter is copied below.

 I also want to remind you that this issue is not about docks or riparian property rights. 

     It is about 400 foot walkways/bridges over Maryland  State wetlands, tidal ponds, and navigable water. 

     It’s about the environmental damage that will be done to the wetlands and tidal ponds. 

     It’s about undercutting the States Bay Stat Program and credibility with the environmental groups and voters trying to save the river.

     It’s about not setting a very bad environmental precedent.

 Let the home owners build their docks.  They have wonderful nearby access through

Hatton Memorial Beach in Sullivan Cove with parking, porta potties, water, etc. The Maryland Department of the Environment can issue a license for the home owners to build their docks.  But MDE should refuse to grant a license to build walk ways/bridges over 400 feet long across beautiful tidal ponds.   No access through or over the wetlands and tidal ponds should be licensed by MDE. 

 With reasonable access already existing to their land on the shore of Sullivan Cove , the State can issue a license for these homeowners to build their docks and the citizens of Maryland will have the tidal ponds and marshes of Sullivan Cove preserved. 

Please call Secretary Wilson and Governor O’Malley and ask that they agree to a reasonable solution that does no further damage to the Severn River, Round Bay and Sullivan Cove.  It’s in all of our best interest to come together with this sensible compromise.

Sincerely yours,

Ted Kinkel

Community Affairs

Olde

Severna Park

Improvement Association

www.SaveSullivanCove.com

tedkinkel@mris.com

Dear Governor O'Malley, Secretary Griffin, Delegate McIntosh, Secretary Wilson, and Ms. McHale

I am writing to give my support to the residents of Olde Severna Park, and many others, who wish to keep the tidal wetlands in Sullivan’s Cove protected from development of any kind. Part of the central property was in my husband’s family from the late 1930’s until 1990. My husband, Jack, and I bought it in 1970 and lived there until 1990. We called the wetlands "our swamp" and loved it in every season. The wildlife was abundant, including muskrats building domed houses with underwater tunnels; large turtles that labored up the hill and deposited their eggs near the house; huge spawning fish that roiled the water in Spring and could be heard from the porch; crabs hiding and shedding or peeling in the grasses; and my personal favorite, the Great Blue Herons who croaked and called at night. It is also a migratory rest stop for geese, ducks, and swans. Since it is tidal water, there are periodic floods and dry spells, times when snow or ice covers most of it, but always there is the running stream that allows the river to ebb and flow through the area.

My question to you is this. Do we not have a Critical Areas Commission whose specific mission it is to protect and preserve our shores from harmful development? This is truly one of the last, if not the last, tidal wetlands area on our "Scenic"

Severn River

. My husband and I and our four children, who grew up there, were good stewards for 20 years. We were happy to keep a boat a short distance around the cove at the main beach, which is available to all residents. I cannot imagine a greater travesty than causing all that beauty to be destroyed and so denied to later generations. Please do not allow that to happen.

Respectfully,                                                                                                      Carol AnnJones                                                                                                     54 Boone Trl.                                                                                                

Severna Park

,

MD

,

21146

                                                                                     (410-647-1681)

This Is the MDE Playbook! Why Does this Agency Not Follow

January 22, 2008

 

The Honorable Martin O'Malley

Office of the Governor

State House

Annapolis, MD21401

 

Dear Governor O'Malley,

 

This is The MDE Playbook!  Why Does This State Agency

Not Follow Their Own Guidelines for Sullivan Cove Pier Permits?

 

Research on the MDE website yields much good information.  Especially their document titled Prioritizing Sites for Wetland Restoration, Mitigation, and Preservation in

Maryland

. May 31, 2006 - Maryland Department of the Environment.   This document and the information in bold pertains directly to the need to preserve the Sullivan Cove tidal ponds and marshes.  One significant statement at the bottom of their playbook regarding Preservation is especially interesting.  Sullivan Cove is mentioned by itself as being very significant.

 

“Preservation

• Protect Nontidal Wetlands of Special State Concern and expanded buffers.

• Protect portions of Green Infrastructure that are not currently protected, especially along waterways and hubs.

• Protect additional DNR-designated Ecologically Significant Areas containing wetlands that are not already protected.

• Protect high quality bogs.

• Conserve existing forest along Beaver Creek, Broad Branch.

• Protect headwater stream/wetland complexes and a buffer area (including headwaters of Broad Branch).

• Sullivan Cove Marsh.”

 

It’s my understanding that a decision by MDE is coming as early as next week in favor of these massive piers.  Every member of an environmental committee and the Anne Arundel delegation should be calling the Secretary of the MDE now and demanding that the permits not be issued.  Next, call Governor O’Malley and Treasurer Kopp and insist that this issue be put on the agenda of the Board of Public Works.

 

Please look at the MDE playbook and you will quickly see how important Sullivan Cove is to protect.  Act now and call to stop the massive pier and bridge permits from being issued in Sullivan Cove.

 

Sincerely,

 

 

Ted Kinkel

Community Affairs

Olde

Severna Park

Improvement Association

www.savesullivancove.com

tedkinkel@mris.com

 

 

 

 

 

 

Prioritizing Sites for Wetland Restoration, Mitigation, and Preservation in

Maryland

. May 31, 2006 - Maryland Department of the Environment

 

There are high quality bogs within this watershed that qualify as WSSC, including Dicus Mill, Arlington Echo, Cypress Creek, Lakewood, Carrollton, Forked Creek and Sullivan’s Cove. These areas provide water quality improvement and habitat for rare, threatened and endangered species (KCI Technologies, Inc, 2002).

52 Prioritizing Sites for Wetland Restoration, Mitigation, and Preservation in

Maryland

. May 31, 2006 - Maryland Department of the Environment A significant waterfowl staging area in the watershed is Sullivan Cove Marsh. Protection of the steep slopes is essential for maintaining the quality of the marsh. According to the 1982 Scenic River Plan, Sullivan’s Cove also supported small stands of Atlantic white cedar.

Existing specific management recommendations:

• Restore “gaps” in designated Green Infrastructure hub to natural vegetation.

• Remove exotic species in Rucker’s/Iliff’s Ravines.

• Manage runoff at Rucker’s Ravine

• Remove red maples in Round Bay Bog right of way

• Improve stormwater management in Beaver Creek, Jabez Branch, Middle Severn Run, Picture Spring Branch, Wells Branch

• Conduct stream restoration along Broad Branch, Jabez Branch, Middle Severn Run, Picture Spring Branch, Upper Severn Run, Wells Branch.

• Conduct stormwater retrofits at Jackson Grove, Picture Spring Branch, Upper Severn Run.

• Conduct wetland enhancement along Broad Branch, Middle Severn Run

• Conduct reforestation along Beaver Creek, Broad Branch, Jabez Branch (particularly in headwaters), Middle Severn Run, Upper Severn Run

• Remove fish blockages at Hog Farm Road and other culverts in Jabez Branch, Middle Severn Run, Picture Spring Branch

• Conduct invasive species management along portions of Jabez Branch and the beaver dam along Jabez Branch

• Remove trash along Jabez Branch, Beaver Creek, Picture Spring Branch,

Upper Severn

• Conduct additional plantings in Jackson Grove wetlands to improve thermal controls

• Preserve wetlands along Weems Creek, including emergent wetland areas on the Hock Property and at the confluence (between the Severn and

Ridgely

Avenue

Bridge

).

• Evaluate recommendations for mitigation priorities (Environmental Systems Analysis, 2003) along Jabez Branch, focusing on water quality improvement, stream restoration, and reforestation. Further investigation is required.

o Wells Branch – 1 area, stormwater management and stream restoration

o Upper Severn Run – 1 area, stormwater management

o Picture Spring Branch – 3 areas, stormwater management, protection of exposed utility structures, stream restoration

o Broad Branch – 1 area, riparian buffer plantings

• Follow recommendations based on stream assessment of the

Severn River

watershed.

• Restore wetlands and streams within the headwaters.

• Potential sites (Anne Arundel, 2003):

o Severn River Swim Club (0.6 acres).

o Old Severna Park Improvement Association (0.5 acres).

 

53 Prioritizing Sites for Wetland Restoration, Mitigation, and Preservation in

Maryland

. May 31, 2006 - Maryland Department of the Environment

o Anne Arundel County Recreation and

Parks

Land

– near Isabella Court (1.2 acres)

o ANS/Greenbury Point – federally owned (3.4 acres)

o

Central

Elementary School

– includes many non-hydric soils (3.2 acres)

o David Taylor Property/Bennion Road (2.2 acres)

o

Grace

Independent

Baptist

Church

(3.9 acres)

o David Taylor Property/Alder and Holly Roads (2.2 acres)

o USGS Station/Thomas Point Road (0.7 acres)

o Hoppa Road and Waterbury Road (3.3 acres)

o Whitehall Creek (7.9 acres)

o Jabez Branch headwaters (7.1 acres)

o Holly Beach Farm (6.9 acres)

o

Meredith

Creek

(4.4 acres)

o Severn Run headwaters (4.6 acres)

 

Preservation

• Protect Nontidal Wetlands of

Special

State

Concern and expanded buffers.

• Protect portions of Green Infrastructure that are not currently protected, especially along waterways and hubs.

• Protect additional DNR-designated Ecologically Significant Areas containing wetlands that are not already protected.

• Protect high quality bogs.

• Conserve existing forest along Beaver Creek, Broad Branch.

• Protect headwater stream/wetland complexes and a buffer area (including headwaters of Broad Branch).

• Sullivan Cove Marsh.

Piers Okay, Bridges Not Okay!

Letter sent on January 23 to 60 Members of State and County Government

January 23, 2009

Piers Okay!

Bridges, Not Okay!

The Maryland Department of Environments job is to protect and minimize the negative impact to our sensitive tidal wetlands and marshes.  Especially ones that are on the departments own watch list to protect.  Have they done it with respect to the 600’ pier and bridge issue in Sullivan Cove?  NO!  They do have another alternative:

1.    Grant the permits for the docks from the applicants land at the edge of Sullivan Cove into the Cove itself.  That will shorten the docks to around 200’.  This provides the applicants with reasonable access.

2.    Do not grant permits to build 400’ bridges through the sensitive tidal ponds and marshes that need to be protected.

Please promote this reasonable idea with the Secretary of the MDE and all of the members of the Board of Public Works. We need your help now to save the wetlands.

Sincerely,

Ted Kinkel

Community Affairs

Old

Severna Park

Improvement Association

www.SaveSullivanCove

tedkinkel@mris.com

Current Critical Area Laws are Inadequate

Letter Sent to 60 Maryland State and Anne Arundel County Political Leaders on January 21, 2009.

To:  Members of the Maryland State and Anne Arundel County Governments

 

Current Critical Area Laws Are Inadequate

January 21, 2009

 

Recently, I wrote the Critical Area Commission regarding the issue of the permits for massive piers and bridges in Sullivan Cove on the Severn River.  The permit applications are currently being reviewed by the MDE.  I received a letter at the bottom of this page from Margaret McHale who points out just where the jurisdiction of her agency begins and ends.  She indicates very clearly that piers are not in the jurisdiction of the agency that she supervises.

 

This seems a bit strange but I accept that another agency may have jurisdiction over the State’s Critical Area when it comes to piers and bridges.  Yet……

 

  I do not understand why there are not laws currently on the books that protect pristine state tidal ponds and marshes like those that exist in Sullivan Cove. 

  I do not understand why government officials do not stop massive development in Sullivan Cove tidal ponds when they know that the Severn River is dying.

  I do not understand why Governor O’Malley has refused to put this issue on the agenda of the Board of Public Works.

 

I guess that no one every contemplated the possibility of three piers and bridges over state waters that according to revised plans are estimated to be 440, 640, and 660 feet long.  People who navigate the Severn River soon will not have to go to Ocean City to view gigantic board walks.  I hope that a courageous group in our legislature will help save Sullivan Cove and sponsor legislation to protect this sensitive and beautiful area. 

 

Attached is an exhaustive report from the State of Connecticut that chronicles its’ assessment of piers on their rivers.  The report studies the States of Connecticut, Massachusetts, New York, Rhode Island, and Maine relative to how they regulate piers.  It does seem that there is a common struggle.

 

The central question to this study is this:  “Is the lower Connecticut River experiencing a proliferation of private residential docks and, if so, what are the impacts of this increase in riverfront development and what steps should be taken to minimize those impacts?  If not, what steps can be taken to develop better management techniques so that adverse impacts of future riverfront development can be better managed in the lower Connecticut River.”  It seems that the State of Connecticut has had a wake up call!  Will Maryland do the same?  Please HELP Sullivan Cove and save it with legislation!

 

In my brief reading of this report, it would appear that the State of Rhode Island could be a model for Maryland.  On screen 48 of 218 is the following:

 

“Grounds for Denial  -  Within statutory language of the section for Type 2 waters are standards that provide under what conditions recreational boating facilities, such as private residential docks, can be permitted within those waters.  Specifically, such structures may be permitted in Type 2 waters if the applicant can demonstrate that there will be no significant adverse impacts to coastal resources, water-dependent uses or public’s use and enjoyment of the shoreline and tidal waters.  The Section goes on to list four conditions that would be considered as a situation, condition or proposal that WOULD have a significant affect on Rhode Island’s coastal resources and are therefore grounds for denial or modification of an application for an Assent.  Those four items are as follows:

 

(1)  The construction of the proposed facility may cause significant impacts on coastal wetlands and other public trust resources (i.e. shellfish, fin-fish, submerged aquatic vegetation);

 

(2)  Access to the construction site is not available without causing significant impacts to Rhode Island’s coastal resources (i.e. coastal wetlands);

 

(3)  The proposed facility would significantly interfere with and/or impact other public trust uses of the tidal or inter-tidal areas of the shoreline (i.e. interfere with navigation);

 

(4)  Water depths adjacent to the site would require dock span lengths in excess of the standards contained in Section 300.4E in order to allow normal and appropriate use of the dock by a vessel.

 

These “grounds for denial” are significant for several reasons.  First, the fact that a denial is described as an alternative in the processing of a dock application and that it would be based upon four specified situations, conditions or proposals is of importance.”

 

Ladies and Gentlemen, it would seem impossible for any reasonable person to deny that piers from 440’ to 660’ are a potential ecological disaster to the amazing habitat of Sullivan Cove.  You know it and I know it!  So please, draft some legislation to protect this wonderful natural resource for future generations.  Don’t let the Severn River continue is downward DEATH SPIRAL! 

 

There are many people watching just what you doing.  Your action or inaction can support the Governor’s environmental agenda or undercut it.  Our young people are watching too.  I recently spoke with the editor of the Severna Park High School Newspaper that indicated a keen interest in writing a significant article in their school newspaper about the Sullivan Cove issue.  I hope that at the end of this legislative session, these young people can point to your decisions and say that you support good environmental policy.

 

Sincerely,

 

 

Ted Kinkel

OSPIA

Community Affairs

tedkinkel@mris.com

P.O. Box 345

Severna Park, MD 21146

www.savesullivancove.com