Development at the Headwaters of Sligo Creek Update
Ed Murtagh
January 2006 		Initial posting
January 14, 2004 		Update
January 2010

Site in December 2003
Site in January 2006

It has been well over a year, and the construction site is still a mess. A builder who built a comparable home nearby on Orebaugh Ave. finished long ago despite having started after the builder on Blueridge Ave. In October 2003, the builder began construction by clear cutting all but one of the trees in the portion of the lot not protected by the forest conservation easement (a quarter acre on the half acre lot). The builder then scraped the entire top humus soil layer (including the ferns and under-story plants) that absorbed much of the rain water that fell on the lot. All that was left was compacted clayey subsoil that shed sediment-filled stormwater runoff into Sligo Creek whenever it rains. In 2004 we were concerned when we discovered the builder was willing to build a home with a basement in an area with a high water table. The community wrote many letters expressing our concern about the impact this construction would have on the nearby stream. We had hoped that the County would, as a result of our concerns, make an effort to provide careful oversite of this project. Alas, that was a mistake. Due to the fragmented nature of responsibility of development in our County, comprehensive and effective oversight never happened. The sediment controls, so carefully shown on the Sediment Control Plans, were for the most part ignored by the builder.

The builder installed a sediment fence in the intermittent stream that ran adjacent to the lot. The stormwater runoff from the community upland of the site rushed through the ephemeral stream and into the sediment fence. It did not take long before a gap eroded beneath the sediment fence in the stream bed sending, reddish brown runoff into the headwaters of Sligo Creek every time it rained.

In October, we called the Department of Permitting Services (DPS) about our concerns about how the fence was installed, but the complaint fell between the cracks and was not investigated. We called again in January after the gap in the sediment fence had grown to 7". Immediately (within hours), a DPS inspector came out and issued a Stop Work Order for numerous violations

Standing tall like sentries, the sediment fence watches as the sediment goes by.

The job site was shut down and the house left exposed and vacant for months for no obvious reason. The builder eventually installed the sediment fence correctly and spread straw over the site. During the installation of the stormwater concrete structure, a construction worker using a backhoe badly damaged the root zone of the one remaining tree on the unprotected portion of the site. It was not long before this tree was also cut down. The builder has also paid no attention to the root zones of trees remaining in the adjacent conservation easement- dirt is piled high in the root zone of these trees.



The house is being built in a long, drawn out manner. Most of the time there is no discernable progress. It was not long before the straw used for sediment control disintegrated away and was not replaced. The site is a muddy mess again. It is January 2006, and the house appears substantially completed. The gutters are in place, but not in accordance with the approved Stormwater Management Plan. The dry well has not been installed, and most runoff from the roof that was supposed to drain into the dry well drains into a rain leader installed next to the impervious driveway on the opposite side of the house. The rain leader spills inches away from the driveway onto the exposed compacted clayey subsoil that surrounds the new house. It would be all too easy to redirect the stormwater onto the driveway and send it rushing into Sligo Creek where it will do its damage. The stormwater swales in the backyard have not been installed either. As a result the 75 foot disconnects are not present.

The approved stormwater plans shows this leader going underground to a drywell.

Though the County Department of Environmental Protection is responsible for the water quality in the creek, I don't think it has any jurisdiction over what is going on at the construction site. This split responsibility does not benefit the community. We watch as the creek is further damaged, and we will be left paying the bill in higher property taxes to cleanup the mess, all so that this builder can cut corners and maximize his profits. On one hand the County has all ready spent millions on restoring Sligo Creek on one hand and on the other hand allow a builder like this to proceed.

The contractor has extended Blueridge Ave. and installed the new stormwater structures. The new owner will look out onto the outlet of a 30" stormwater main complete with large rip rap. It will be quite a sight when it rains hard. A water main is broken and creating a huge mess by the newly extended Blueridge Ave. According to a neighbor, WSSC was contacted weeks ago, but other than the initial site visit, WSSC has made no attempt to fix the water line break. As a result, not only is the park a muddy mess, but chlorinated city water is constantly flowing into the headwaters of Sligo Creek. I see this situation, and then I hear that Montgomery County is progressive with development.

Post Script (January 9, 2006)

Immediately after this update was posted, straw was spread on the construction site and the water flow from the broken WSSC city water line was diverted from the hiker/biker path to the creek. The site looks neater, but chlorinated water is still pouring into Sligo Creek and the approved stormwater management practices at the house have still not been installed. To make matters worse in the Sligo Creek headwaters, WSSC was discharging massive quantities of chlorinated water into the creek just downstream of the site a few days ago. Millions of gallons were dumped into the creek without notifying DEP. A large number of aquatic animals were killed as a result. The dredging operation at the University Stormwater Ponds is in disarray now. See the action log entry Chlorinated Water Being Dumped into Sligo for more information.

Additional Information (February 21, 2006)

As noted above, immediately after this posting the builder made numerous corrections. The rain leaders are in the proper locations now and an underground Stormceptor tank was installed. The WSSC water line break was finally fixed at the end of January. Numerous e-mails about this and the WSSC discharge downstream were sent to the County Council, the County Executive and WSSC. I am sure that all of the attention helped make these corrections possible.