Friday, May 10, 2013

Advocate for Prince George's County Surface Mining Legislation

The Danville Floral Park Road Citizens Association d/b/a Brandywine |TB Southern Region Neighborhood Coalition herein after referred to as the BTB Coalition is an alliance of civic, citizens, homeowner, community associations and interested individuals located throughout Prince George’s Councilmatic Districts 6, 7, 8 and 9. We provide information and facilitate networking among civic groups, community activists and individuals concerned about the commonwealth of Prince Georgians in general in the Southern part of the County. We are especially interested in any issues that affect our quality of life and property values.

The organizations Communities Programs seeks to provide technical assistance on the use of various tools to help the community achieve their goals for growth; to overcome barriers and move toward smarter, more sustainable growth. The organization seeks to attain an increase in the community’s capacity to successfully implement smart growth and sustainable approaches that protect the environment, improve public health, create jobs, expand economic opportunity, and improve overall quality of life.


The organizations works is to build active influential communities based on justice, equality and mutual respect as a first amendment advocate for the betterment of community that aims to influence public policy and resource allocation of decisions within the political, economic, and social systems.

AGGREGATE SURFACE MINING LEGISLATION

The Brandywine/TB Southern Region Coalition in conjunction with many other central and northern area environmental legitimate groups whom have expressed serious concerns that the presence of these aggregate excavations are negatively affecting our quality of life through such means as noise, dust, truck traffic and disturbing the scenic beauty of the landscape. While we have been the only group in pursuit of legitimate environmental conditions of Mining Aggregate Operations in order to keep our community safe through the Community Citizen's Board (CCB) representing "Citizens", that has been in existence since 2003 now being represented by the  BTB Coalition, Executive Community Citizen's Board (ECCB).

As everyone knows our towns and cities would not exist in their present state if these materials had not been available. There is a basic conflict between the need for an adequate supply of essential construction aggregates, and the desire of by our organization and many residents of the community that no extractive industry be established. Since there has never been a denial of any Surface Mining Special Exception then the most moderate and equitable solution of the problem would seem to be stricter control of the sitting, operation and rehabilitation of pit and quarry sites, and a fostering of the growing desire among the aggregate producers to improve their public image.

Citizens have the right to engage their government to enforce legislation that protects their communities, the land, and the environment from adverse impacts of surface mining. In order for citizens to exercise that right effectively, they need to have a clear understanding of the industry and the available tools to enforce the laws.

The BTB Coalition plans to keep pressure on our public officials to protect citizens and their communities and ensure sure that public officials are accountable for their actions and/or the lack of.

The fact is in certain high aggregate production areas, where insufficient regard hs not been given to the environment in the past serious problems have occurred and in rural communities.

The process of aggregate extraction results in impacts on the natural environment and on associated wildlife so the industry is the subject of comprehensive policies and legislative guidance. Prince George’s County needs an Aggregate Resources Act (ARA), which outlines the following purposes and a Best Practice Guidelines for Aggregate Rehabilitation Projects:

1. That provide for the management of the aggregate resources;
2. That control and regulate aggregate operations;
3. That require the rehabilitation of land from which aggregate has been excavated; and
4. That minimizes the adverse impact on the environment in respect of current aggregate operations

BRANDYWINE

We have since 2002 ask that environmental concerns be addressed by the Council in these specific Aggregate Special Exceptions that allow this use in our residential areas for a total of current approximately 2,360+/- acres, to operate consecutively, thus this does not include the already being mined acres of Gudelsky Materials located in Brandywine, MD at 14750 Gibbons Church Road.

In addition over 3,800+ acres have been mined and not properly reclaimed, leaving the land destitute and uninhabitable.

The concerns of the community are as follows;
1. Drawdown of aquifer water and
2. Heavy dump truck traffic on rural roads,
3. Noise
4. Dust, exhaust
5. Loss of Residential Water.
6. Air Pollution. Dust from mining, exhaust from dump trucks and heavy mining machinery.
7. Health risk
8. Discomfort
9. Extended pollution as dust settles in region, on land and in water
10. Destruction of Nearby Recreational Waterways & Natural Environment.
11. Very significant portions of the Mattawoman Creek run through this property. It cannot be mined without doing extreme damage to the Mattawoman
12. Mining destroys all plant life on the property, harms or kills animals, including fish.
13. Increased threats to species dependent on these habitats for food and homes
14. Without root systems to help catch it, there is constant runoff of chemicals and silt into waterways where people fish, splash, kayak, etc.
15. Loss of habitat for lots of ground animals and birds.
16. More deer in our roads (very dangerous) and gardens
17. More raccoons, opossums, and foxes in our yards and trash
18. More mice and snakes looking for new homes
19. Birds forced elsewhere to find homes (loss of source of beauty and joy to many)

Wastewater must go somewhere. Where will it end up? Wastewater ponds are poorly regulated, present pollution problems of their own, and cannot collect all wastewater.

For this reason it is imperative that we look into the issue of why these aggregate operations are not required to capture, treat and recycle the water they use and forbidden from using portable water consistently pulling and drawing from local aquifers or water from surface creeks and streams. This would also be the best proceeding in keeping with the current Federal administration’s impetus for sustainable resources usage and would open doors to possible Federal stimulus funding or grant monies.

MINING “SPECIAL EXCEPTIONS

1. SE_4402/4403 Aggregate Industries 1st special exception of 684.5 Acres, with a wash plant.

2. SE_4651 Aggregate Industries has applied for the 2nd special exception. This project is at Accokeek Road Surface Mining, & is on 683 acres S. of Accokeek Rd., W. of McKendree Rd., NE of Garner Rd.

3. SE_4647 Aggregate Industries has applied for the 3rd 2nd Special Exception for sand and gravel mining for which this property consists of 607.9 acres and is located in the R-R Zone. This property address is 6705 Accokeek Road, Brandywine, Maryland 20613. The property is located south of Accokeek Road, west of U.S Route 301 and north and east of McKendree Road. It is comprised of Parcels 87, 189, 43, 44, 45, 46, 47, 48, 49, 72, 73, 74, 75, 76, 77, 78, & 81. The property consists of 607.9 acres and is located in the R-R Zone.

4. SE_4700 Aggregate Industries has applied renewal of the 4th - QUEENS PROPERTY, 81.89 of Residential-Agricultural Lands.

5. SE_4669 Chaney Enterprises has applied for their 2nd Special Exception in Prince George’s County for sand & gravel mining on 175 acres 15851 McKendree Rd
Brandywine, MD 20613 on land known as the Robin Dale Golf Club. (Tax Map 164, Grid C-1.) Currently zoned R-A (1 house per 2 acres), in the Rural Tier; ) in the Rural Tier which has wells & septic system usage. Very significant portions of Mattawoman Creek run through this property.

6. Gudelsky Materials was established in 1994 and grandfathered in so that they do not have to adhere to current rules and regulation being that do not have to reapply for there mining special exception.

SE-4646 Gudelsky Materials has applied for their 2nd Special Exception in Prince George’s County for sand and gravel mining on 22 acres on Brandywine Rd. It has road frontage on Evergreen Way. (Tax Map 156, Grid D-2.) Currently zoned O-S (1 house per 5 acres), also in the Rural Tier, also should also be using wells & septic systems.

7. SE-4556 Bevard/Bardon Group, Inc., has applied for their 2nd Special Exception in Prince George’s County for sand and gravel mining on 103.8 acres on SW side of Brandywine Road, at the inter/W Gibbons Church Road.

These Aggregate companies need to be held to a high standard; and we need to demand Hydrologists from an outside independent source that can provide a non-bias opinion to examine the physical characteristics, distribution, and circulation of water above and below the earth's surface, and not leave it up to what maybe non-bias reports and examinations by the Applicants. To also study rainfall and other precipitation, the paths precipitation takes through the soil and rocks underground, and its return to the oceans and air. I’m concerned about the dust, if it can seep down to the aquifer. Prince George’s County needs to do the same as the government and private industry and use this information about water properties and movement patterns for a variety of purposes but specifically related to mining in one area.

We ask that you support our efforts by signing our petition as a request that concerns be addressed by our government legislature.

Thursday, February 21, 2013

Clinton/Brandywine Water Zone Storage Project

WSSC Community Meeting
Community Meeting
For Proposed Water Storage Tanks in the Brandywine, Cheltenham,
and Rosaryville Areas of Prince George’s County, Maryland
February 28, 2013
Time: 6:30 pm ‐8:30 pm
Location: Stephen Decatur Middle School
Address: 8200 Pinewood Drive, Clinton, MD 20735
 

WSSC offers this meeting as an open forum for residents to learn more about potential sites for additional water storage tanks in southern Prince George’s County. 

A brief presentation will address:
· How elevated storage ensures water supply reliability,
· The site selection process,
· Potential tank sites, and
· The process and timeline for the project.

Drawings and renderings of the proposed water storage facilities will be available. WSSC officials and its design engineers will be available to answer questions.

For more information, please contact:
Mr. Simon Baidoo, WSSC Project Manager (301) 206‐7148
Washington Suburban Sanitary Commission
Project Website: http://www.wsscwater.com/home/jsp/content/clinton‐zone.faces

WSSC SR3 Environmentally Sensitive Areas (ESAs) in Piscataway Creek Basin

Washington Suburban Sanitary Commission (WSSC) is doing its part to protect water quality in streams, rivers, and the Chesapeake Bay by enhancing its sewer system through the Sewer Repair, Replacement and Rehabilitation (SR3) Program.

Sewer Repair, Replacement and Rehabilitation (SR3) FAQs


Public Meeting
Topic: WSSC Sewer Improvements in
Environmentally Sensitive Areas (ESAs) in
Piscataway Creek Basin
Date: Wednesday, February 27, 2013
Place: Surratts-Clinton Branch of Prince George’s County Memorial Library
9400 Piscataway Road  •  Clinton, Maryland 20735
6:30 – 8:30 p.m.



Sunday, November 8, 2009

CR-082-2009 & Brandywine Crossing II

Mining In Subregion V, South Prince George's County

Special Exception Applications for Mining:

In addition to the five (5) SE Applications filed with MNCPPC for sand and gravel mines
in residential/rural tier areas for a total of 1,590+/- acres, to operate consecutively.

Active Mining “Special Exceptions” Applications are as follows
Aggregate Industries- McKendree Rd., NE of Garner Rd.
Aggregate Industries- 6705 Accokeek Road, Brandywine, Maryland 20613
Chaney Enterprises- Previously Robin Dale Golf Club
Gudelsky Materials- On Brandywine Rd. It has road frontage on Evergreen Way
Bardon Group, Inc.- On SW side of Brandywine Road, at the inter/W Gibbons Church Road.


Brandywine and the portion of the PPA south of Accokeek Road contains some old, active, and future sand and
gravel mines. mining sites can sometimes be reclaimed for development, but the land will be rendered entirely barren, even down to a microbial level. It's natural attributes cannot be reclaimed. Overwhelming scientific evidence demonstrates that breaks in ecosystems, whether woodlands, wetlands, or watersheds, degrade those systems, and threaten the viability of the species therein. Further, direct and indirect air and water pollution resulting from mining activities make them a poor choice in residential and environmentally sensitive areas such as these.

Strategies
Priority Preservation Area

Gain state certification of the recommended PPA within Subregion 5.
  • Implement the PPA through code revisions, amendments, and programmatic changes as outlined.
  • Develop an installment purchase agreement option.
  • Require mitigation for activities that use soil productivity classes I, II, III agricultural or forest soils in the Rural Tier in Subregion 5. What kind of mitigation? How much?
  • Stimulate and facilitate landowner interest in selling easements under the county’s
  • Woodland Conservation and Tree Preservation Ordinance. This is a great idea. Increase the open space easement requirement in conservation subdivisions.
  • in the PPA: in the O-S Zone from sixty percent to seventy percent and in the R-A Zone from fifty percent to sixty percent.
  • Establish an agricultural zone for the express purpose of encouraging agriculture as an intended, long term land use. We are in strong support of this concept, but would like more information included in this document. What will the guidelines for the agricultural zone be? Will it be mandatory or voluntary?
Mineral Resource Areas
Evaluate the utilization of a mineral overlay zoning district that corresponds to the
unexploited sand and gravel deposits, avoiding already developed lands, to protect mineral resources. The boundaries of the district could be limited to the PPA. Within the overlay district require the following: Promoting sand and gravel mining is in direct opposition to the principles behind land and ecosystem preservation. Sand and Gravel mining has the potential to cause serious human health hazards, air and water pollution, and watershed depredation, and the failure of reclamation efforts to achieve acceptable levels of vegetation structure. (see studies by the U.S. House of Representatives; Washington State Department of Ecology; Fisheries Research, Missouri Department of Conservation, and The Biodiversity Conservation Unit of the Department of Infrastructure, Planning, and Environment.)

In order to control the copious airborne particulates (dust) produced by sand and gravel mining that put humans at such a direct high risk for developing serious health problems, millions of gallons of water must be used every day. This is almost guaranteed to cause a serious runoff problem, endangering nearby watersheds and waterways, but also poses a serious and direct risk to residential water supplies.

In the predominantly Rural Tier area in which sand and gravel mining would occur, residents rely on private wells for water. Many of these are in danger of “drying up.” In other words, the water table in the aquifers from which the wells draw water is dropping so quickly and significantly that water will no longer be available for use if serious measures are not put in place to curb large-scale usage. This plan does not identify alternative potential water sources for use in mining activities.

Finally, the increase in dump truck traffic would cause a great increase in noise, wear and tear, and dust on rural roads which are not designed to handle the weight or level of such traffic. The effects of these impacts on residents will have a negative impact on their quality of life.

  • Surveys of mineral resources prior to development for other uses. Recommendations to promote mining are wholely inappropriate if appropriate surveys have not even been completed; planners are suggesting uses which might cause incredible depredation without bothering to find out where this might occur.
  • Offering access to mineral resources, if present, prior to development.
  • Penalizing developers for deciding not to engage in mining, at the great detriment of people and ecosystems, is unfair to both developers and the general public.
  • Increased setback requirements from outside property lines of development parcels to minimize potential effects of noise and dust from future mining on adjoining unexploited parcels.
  • Post mining reclamation requirements that match preservation, community recreation, and environmental needs. Within the PPA these should encourage reclamation for agriculture or woodland. Please see attached studies referenced above.

Monday, March 23, 2009

Temporarily Suspending or Tolling of Fees

Public Hearing
June 2, 2009 – 10:00 a.m.
County Administration Building, Council Committee Room 2027
14741 Governor Oden Bowie Drive in Upper Marlboro


Bills Updated Status
CB-07-2009 / CB-08-2009

Proposer(s): Dean

Sponsor(s): Dean, Bland

Item Title: An Ordinance



1. CB-7-2009 (Sponsored by Dean) - An Ordinance concerning Validity Periods for Detailed Site Plans and Specific Design Plans for the purpose of temporarily suspending or tolling the validity periods of all Approved applications for Detailed Site Plans and Specific Design Plans that are currently in a valid status. (Held)

2. CB-8-2009 (Sponsored by Dean) - An Subdivision Bill concerning validity periods for Preliminary Plans of Subdivision for the purpose of temporarily suspending or tolling the validity periods of all approved applications for Preliminary Plans of Subdivision that are currently in a valid status (Held)

The hearing held on last Wednesday, March 18, 2009 on the above legislation with the Planning Zoning Economic Development Committee (PZED,) with no doubt would have passed through without our testifying in opposition as the community leader and association member, and President, of the Brandywine / TB, Rt 301 West Region Neighborhood Coalition (The BTB), along with a representative of the District V Coffee Club.

We must inform you that Mr. Tom Dernoga was the only Council member who required investigative questions regarding this legislation. It has been tabled until Tuesday, March 24, 2009 at 1:30 pm., these bills look as if they will get pushed through - with or without amendments concerning the public safety surcharge, without the adjustments in the exemptions, and the new School Surcharge for which the Land Developers have paid or are paying a fee of $5,000, instead of the current fee since 2005 of $12,000+.

At the March 18, 2009, PZED hearing it was stated: “For that reason, we did not collect ANY surcharge fees until recently, to date for the last 18 months a total of $794, 000, for 2008 and $22,700 for 2009”. Now, we are collecting a little, but the plans in the pipeline are to exempt!


The Planning Board submitted a letter to the committee in support of CB-7-2009 and CB-8-2009. The Office of Law determined that these Council Bills are in proper legislative form with no legal impediments to their enactment.


Tom Haller, representing MTM Builders, and Tom Farasy, representing the Maryland National Capital Building Industry Association spoke in support of CB-7-2009 and CB-8-2009. Catharine Taggart-Ross and Kamita Gray addressed the committee in opposition to both Council Bills.


The Prince Georges County Association of Realtors submitted a letter in support of CB-7-2009 and CB-8-2009. Remember these are the same Developers that sold us these inflated houses made the profits...now come back to us the community and cry wolf.


Please pass on: Your “PRESENCE” and “VOICE” is absolutely critical! We know that this information can be overwhelming, but please read all for YOURSELF, and be empowered.

PLEASE UNDERSTAND… In 2005, there was an influx of applications due to the fact that Surcharge Fees where about to increase and the State placed a grandfather rule on the public safety surcharge so that it does not apply to subdivision plans filed prior to 7/1/05. The development community filed a lot of plans just prior to that date to avoid the surcharge. They did the same thing in 2003 or 2004 when the education surcharge increased from $5,000 to $12,000.

So, while the purpose of CB-7, CB-8-2009 is to waive surcharge fees, one possible consequence of the extension of the validity period is that “Grandfathered” plans will become a “GREAT” Grandfather! …. while the County Executive, Jack Johnson, and some of the County Council members were in favor of Legislation to Raise our property taxes (Homestead Bill) due to the Economic downturn, the Land Developers have been working to get “CREDITS” ... Since 2005! Land Developers Builders have ONLY paid a fee of $5,000 when the fees should have been $12,000+, and NO PUBLIC SAFETY SURCHARGE FEES!

We have a shortfall in the Prince George’s County Budget for Public Safety, we may loose Police Officers and Services to furloughs and layoffs, why are we not speaking out about this injustice to the tax papers, when the “Public Safety Surcharge” is not being paid by the Land Developers and Builders, therefore a major contributing cause of the shortfall in the “Public Safety Budget” a direct cause of “Public Safety” cuts.

On Monday, March 30, 2009, 08:00 AM-10:00 AM, Greenbelt Marriott 6400 Ivy Lane Greenbelt, MD 20770….The Annual Breakfast of the Maryland-National Capital Building Industry Association Prince George's Liaison Committee with the County Executive and County Council.

This event was a celebration and is held every year with our Prince George's County Council, and in our opinion is a conflict of interest. They facility direct access to decision makers. If this legislation is passed that will give the Land Developers a BIG SAVING$ on us the Tax payers. FYI, the same “Party” was held in Montgomery County but the Legislation was only proposed for 8 Months and very limited, Prince George’s County Proposed Legislation is for 24 Months Or 2014.

TRANSFORMATION: We can not stress enough how outraged and appalled we were, in discovering this Legislation and all constituents should be. Again, we are not sure as to why there is not more outraged, for reform but all that we are getting is the “Spare Change” oh that’s right there is no “Spare Change”. 2010 we need change and that starts at the grassroots level, US. One, by one, we must come together and become many, power is in the people. We proved that in the 2008 elections let’s do it again!

Remember, this is no more than the AIG scandal. Big, profits before people and greed.

The Land Developers and the Builders sold us these homes that are now, in foreclosure, or upside down in our County. We as Prince Georgians have to bear the brunt of this downturn while these Land Developers and Builders go back to their Counties, and States, with our fees and their profits. Fiscal Responsibility: If the Council were to grant an exemption for the Public Safety surcharge fees, the fees are waived from the general fund. And guess who gets to make up the shortfalls to pay for the new infrastructure and police and fire coverage increases created by new development, if impact fees aren't collected? Current taxpayers, and if I remember correctly, aren't the impact fee payments delayed on developers who build homes until the property is sold? And, why do we need more homes in a sea of foreclosed homes, and new homes elsewhere in the County, that just aren't selling? Why? HAS THE MAJORITY OF COUNCIL MEMBERS ALREADY DISCUSSED THIS IN PRIVATE, AND DECIDED TO RUBBER STAMP THIS?

Please, VOICE YOUR OPINION, good, bad or indifferent!

THESE BILLS…CB-07 / 08-2009 are Crossfiled with
HB Bill 921 EMERGENCY SENATE BILL 958.


GAZETTE 1. Council proposes extending development deadlines [ 5.068%
.. size of the development. Two bills, CB-7 and CB-8, sponsored by Dean, ...
Publication date: Thursday March 5, 2009
Issue: Prince George's County

HB921 assigned to Environmental Matters Committee

Delegate Maggie McIntosh, Chair Maggie.mcintosh@house.state.md.us
Delegate James E. Malone Jr., Vice Chair Jame.malone@house.state.md.us

SB958 assigned to Education, Health and Environmental Affairs Committee
Senator Joan Carter Conway, chair Joan.carter.conway@senate.state.md.us
Senator Roy P. Dyson, Vice Chair, Roy.dyson@senate.state.md.us
Jack B. Johnson County Executive, countyexecutive@co.pg.md.us

PZED Committee Members:
Samuel H. Dean, Chair, SHDean@co.pg.md.us
Eric C. Olson, Vice Chair, EOlson@co.pg.md.us
Marilynn M. Bland, mmbland@co.pg.md.us
Thomas E. Dernoga, TEDernoga@co.pg.md.us
Camille A. Exum, CAExum@co.pg.md.us