Development at the Headwaters of Sligo Creek Update

Construction sites: Erosion & Sediment Control Problem

Poor Erosion & Sediment Control at Leesborough (Centex construction), the former Good Counsel site (bordered by Georgia Ave.,
Amherst Ave., Arcola Ave. and Elkin St.) in Wheaton Maryland. Result was sediment laden runoff from the construction site.

Photos below are from May 25, 2009 (after many similar overflows for months).

Uncontrolled erosion on-site above basin	Flow from containment basin, across sidewalk, into Amherst Ave
Flow into street leading to storm drain at Amherst and Elkin

Sediment from the construction site, which had been stripped bare of ground cover, ran off with each rain for many months (since at least January 2009). The silt fences within the construction site were either down or non-existent. The silt fence around the construction site was not being maintained. Holes and tears could be found along the perimeter and muddy water poured out of them.

Instead of stopping erosion, the builders apparently were depending on a containment basin on the construction site to trap the constantly eroding soil. As a result the basins quickly filled with sediment and overflowed, passing sediment filled torrents of water to the street then into the storm drains leading to Sligo Creek. For months there was no real protection for Sligo Creek which itself filled up with sediment in its upper mile.

Department of Permitting Services (DPS) inspectors referred to the run-off as being 'discolored'. They also stated they were not very concerned about the sediment filled runoff since about a mile down stream are the University Blvd stormwater ponds (below Kemp Mill Plaza) which the DPS inspector referred to erroneously as a 'filtration basin'.

In response to citizen concerns and lack of adequate response from Centex homes to remedy the problems, Steve Martin, the DPS Environmental Compliance Supervisor, sent an email to the construction company stating that the ponds were not meant to handle sediment from construction sites and that such sediment would overwhelm the ponds which had just been dredged at great expense to county taxpayers.

On April 29, 2009 he wrote wrote the following suggestions to Centex homes:

"Our office is receiving complaints about sediment laden water discharging from the Leesborough Development into the headwaters of Sligo Creek. As I understand from communications with ........of DPS Sediment Control you have been tasked with stabilizing the site and repairing silt fence by this Friday (5/1/09). In addition to those items, I recommend you implement the use of other erosion control practices, such as Coir Logs or compost filled socks, etc., on this site. I realize these additional measures are not required, but use of some other erosion control measures would demonstrate to the public that Centex is as serious about controlling sediment runoff from the site as they are about building quality homes.

The Department of Environmental Protection (DEP) is working very hard to implement stormwater retrofits both on private property and public land in this watershed, and impacts like this from new construction make it very difficult to make progress. Additionally, DEP installed and maintains a regional stormwater management pond downstream of your development, for the purpose of improving stream conditions in Sligo Creek where uncontrolled stormwater runoff has damaged stream channels. This pond was not intended to provide sediment control for new development. Sediment leaving your site ends up in this pond, where DEP must expend public funds to clean it out.

Thanks for your prompt attention to this matter."

As you can see from the May 25, 2009, photos above and below no EFFECTIVE action was taken
for almost a month after DPS wrote this gentle letter to the builder/ owner of Centex Homes.

Photo of the headwaters of Sligo Creek at Channing and Blueridge Ave. the sediment laden runoff
from the Leesborough/Centex site merging with the clear runoff from neighborhood streets.

Photo of Sligo Creek about half a mile down stream showing the sediment laden flow from the construction site.

After a number of complaints a Stop Work Order was issued by DPS. The sediment fences were repaired and the grounds were stabilized with ground cover. The contractor was also directed to dredge the sediment pond on the construction site which finally took place after many addition days of sediment overflows.

Issues:

1. The outrageous use of our streams as sewers leading to man-made ponds carved out of parkland, is extremely damaging and dealing with that damage is expensive to taxpayers.
2. Current required "best management practices" for construction site erosion and sediment control are apparently totally inadequate to prevention permanent damage to local waterways.
3. Inadequate construction site regulation and oversight:
   1. Reliance on citizen reports instead of expert inspection.
   2. Fines are too low to be taken seriously (maximum fine of $500 PER SITE). The fines are considered part of the cost of doing business so do not deter pollution.
4. Stormwater ponds are designed for volume control for run-off from existing impervious surfaces. They are not meant for or adequate for sediment from construction sites. They are also inadequate for any kind of quality control. The stormwater ponds have little to no wetland habitat or submerged aquatic vegetation (a shelf was created for submerged aquatics but was not planted or the plants all died). They are not a quality control practice and don't work for either volume or quality when filled in with sediment laden run-off.