Forest Retention Buffer and Wetlands Violated by Sediment Pollution

Late last fall we noticed a lot of sediment flowing into a tributary of the Northwest Branch. We traced the source to a sidewalk being put in by Artery Homes along Notley Road. We reported the site to the Department of Permitting Services (DPS). DPS issued a "stop work" order and 4 notices of violation carrying $2,000 in fines. The site was ordered to be stabilized with mulch and sod. A course straw mulch was put down, but not the sod. The basis for the stop work and stabilization orders was that it was too late in the season to vegetate the site to prevent erosion. The sod would greatly help to solve the problem.

We inquired of DPS a couple of times about why sod was not installed. The answers were "weather" or "too wet to cut sod from a farm." In March we noticed trucks carrying sod to other sites. We inquired again when the Notley Road site would get its stabilizing sod. We were told "soon."

Well, the rains came and the site failed again, sending sediment into the Northwest Branch wetlands. While surveying the pollution, we came across a downed sign that read "Forest Retention Area - Machinery, Dumping, or Storage of Any Materials is prohibited. Violations are subject to fines as imposed by the Maryland Forest Conservation Act of 1991." We continued our walk and found 2 more downed Forest Retention signs and areas where the forest was cleared. We also found sediment control structures with downed silt fences that had allowed sediment to enter the forest retention area. So, we complained to DPS again. They were aware of some of the violations and insisted that Artery Homes was working to repair them. DPS was not aware of the violation of the forest retention area nor the downed signs. We also notified MNCPPC because we believe the violated forest is part of the Northwest Branch Park. In order to document the pollution and violation of the forest retention area, Betsy Johnson and Ed Merrifield took digital pictures. While sod is finally (June 13) being installed, we have remaining future issues regarding the violation of the forest retention area.