2022 Year-End Recap
Gravel Streambed with Spicebush Butterfly
Dear Friends of Ten Mile Creek,
It has been another busy year. As we await a day in court which will determine whether the Pulte Plan for development in the Ten Mile Creek watershed will need to adhere to the 2014 Ten Mile Creek Amended Master Plan, we take this opportunity to provide you with a recap of what has been made possible with a little help from many of you, the Creek’s Friends.
On October 12 2021, FoTMC filed a petition for judicial review of the Planning Board decision to approve the Pulte site plan, which would concentrate development in the most sensitive subwatersheds of Ten Mile Creek - which were singled out for extraordinary protection in the 2014 Amended Master Plan. Although that decision was upheld by the Montgomery County Circuit Court when the case was finally heard on August 1 2022, FoTMC filed an appeal on August 30 2022 and is now awaiting a court date. We are fortunate to be represented pro bono by attorneys at Keller and Heckman LLP: David Fischer, Galen Rende, Carly Rolph and Caleb Holland.
Meanwhile, we achieved a small but significant victory in response to a separate development application filed by Brookfield Washington LLC, to develop the 98.35 acre Miles-Coppola property west of the intersection of MD 355/Frederick Road and MD 121/Clarksburg Road. At issue in the pre-preliminary or “Concept Plan” filed in December 2020 were options for the alignment of a proposed MD 355/Frederick Road bypass. Although the 2014 Amended Master Plan recommended that the proposed bypass be realigned in order to avoid impacts on a large wetland area as well as reduce forest loss and direct impacts of infrastructure, the Planning Board had been asked to consider and, in June 2021, had approved “Option Two.” This was the bypass alignment as had been envisioned in the original 1994 Clarksburg Master Plan. FoTMC had submitted testimony as input to hearings, on both the Concept and Preliminary Plans, in support of “Option One” - if the bypass is built, and also asked the County Executive Elrich to assure that MC DOT implement the recommendations of the 2014 Ten Mile Creek Master Plan Amendment. The Planning Board ultimately voted to approve a revised Preliminary Plan that included Option One for the MD 355 bypass, on condition that an intervening orphan property is acquired by the County or the Applicant within two years of the Plan approval. County Executive Elrich has since directed the County Attorney’s office to do whatever is necessary to facilitate acquisition of this property. Although Friends of Ten Mile Creek does not support building this bypass, assuming the property can be acquired, this decision by the Planning Board and the actions of the County Executive assures that, if built, it will be done in compliance with the amended Master Plan.
The Miles-Coppola project will still lead to the loss of 17 acres of headwater forest without any replanting requirement and demonstrates the need to strengthen our Forest Conservation Law to, at a minimum, prevent further forest loss - particularly in areas that supply our drinking water. Together with partners in the Montgomery County Forest Coalition, FoTMC is advocating to strengthen the County’s Forest Conservation Law. A draft bill provided to the Council by the Coalition is stronger then a draft bill developed by the Planning Board which was introduced in the Council last September. FoTMC provided testimony on the bill to both the Planning Board (4-28-2020) and to the County Council (10-4-2022).
On April 6, 2022, we co-hosted a Green forum for Montgomery County Executive Candidates, together with seven other environmental organizations and moderated by Kathleen Matthews, on April 6, 2022.
You may have also noticed that we redesigned the website to improve the design and make it easier to use, which has enabled us to provide you with more timely updates of our activities along with other information resources. In addition to posts about ongoing activities, we recently we added a detailed Chronology which provides the history of Ten Mile Creek, beginning with the record droughts of the 1960s and the original water supply studies that led to the development of the Little Seneca Reservoir. However, as told by FoTMC Board member Norman Mease, the ford at Old Baltimore Road was known at least as far back as agricultural settlement as a place where there was always water, even in times of serious drought. An article about Ten Mile Creek was also published in the Fall 2022 issue of Plenty Magazine.
Sadly, in March, we lost longtime Friends of the Ten Mile Creek board member, Scott Fosler, who played a critical role in its protection and was a friend, mentor and inspiration to all of us.
Lastly, we thank Sylvia Tognetti, the immediate past president, for her stewardship of the organization over the past year and for taking the lead on upgrading and updating the website (she had to step down due to other obligations). I was elected President at the end of November and, with Jay Cinque, who currently serves as Treasurer, have met many of you at in-person gathering hosted in our home, in the Ten Mile creek watershed. Missing in the past few years have been those in person gatherings where we ask members to confirm the Board and Officers but we will offer an update via zoom after the holidays. We are also planning a Spring hike along a new trail, led by FoTMC Vice President and botanist, John Parrish. We hope you will join us then.
In the meantime, know that, as an all-volunteer organization, your small but ongoing donations go a long way! Thanks again to those of you who joined our annual meeting, renewed your membership, and/or donated in the past year.
With best holiday wishes,
Anne Cinque
President
P.S. On Tuesday December 13, 2022 at the request of the Planning Board, the County Council introduced a Zoning Text Amendment (ZTA 22-12) that would exempt master-planned bikeways from the impervious caps in the Ten Mile Creek watershed. As impervious exemptions are damaging to Ten Mile Creek, Friends of Ten Mile Creek opposes this ZTA. More information to come, prior to the public hearing, which is scheduled for January 17, 2023.