ShoreRivers Recommends Actions to New Governor

On January 19, 2023, ShoreRivers, led by your Riverkeeper team, shared a list of priorities and recommended actions with newly inaugurated Maryland Governor Wes Moore and his transition teams. In the letter, we implored our new governor to make clean water and healthy rivers a priority this term and to take action to ensure them on the Eastern Shore and across the state.

read the FULL letter below

---

Dear Governor Moore,

 Congratulations on your election to the office of Governor. I am pleased to submit this letter on behalf of ShoreRivers to provide you and your transition teams with recommendations to consider as you set your policy priorities.

ShoreRivers works for healthy waterways on Maryland’s Eastern Shore through science-based advocacy, restoration, and education. We are a grassroots non-profit serving primarily Cecil, Caroline, Kent, Queen Anne’s, Talbot, and Dorchester counties. We are the leading voice for water quality in this region with a team of 29 professional staff operating with an annual budget of $5 million to improve the health of our rivers and inspire constituents to take action. Our staff put pollution-reducing projects in the ground, advocate for clean water laws in Annapolis, hold our agencies accountable, monitor water quality and track human health risks, inspire the public to take action, and educate and engage our youth. We work with all communities—from local farmers to fellow environmental advocates, to those most often underserved and overlooked—to ensure access to our waterways and inclusion of a wide array of voices as we work to shape the future of our communities.

You yourself now have an incredible opportunity to shape these communities’ futures into ones with healthy waterways, a thriving Chesapeake Bay, and unfettered access to clean water. With the impressive cabinet you’ve assembled and the current makeup of both the state legislature and federal administration, there’s never been a better time to codify into law positive changes for the environment that will protect not only Maryland’s natural resources but the citizens who enjoy and rely on them as well. Environmental advocacy is long work, and while the effects of your actions may not be felt immediately, the steps you take as you begin your term will create positive change for your constituents for generations to come.

The following two pages summarize our recommended actions, with the subsequent pages providing more information on each action. We hope to provide clear guidance on specific, concrete steps your administration can take to further protect and restore our rivers and the Chesapeake Bay. Thank you for your consideration and we look forward to working with you. 

Sincerely,
Isabel Hardesty, Executive Director
January 19, 2023

---

ShoreRivers’ Recommended Actions for Healthy Rivers on the Eastern Shore

Recommended Actions—Maryland Department of the Environment (MDE)

1. Per House Bill 649: Discharge Permits—Inspections and Administrative Continuations, significantly increase staffing and resources for the water quality permitting and enforcement divisions at MDE. Re-distribute these resources more equitably across the Eastern Shore through the addition of more field offices for enforcement staff.

2. Through administrative action, update the state’s Guidelines for Land Application/Reuse of Treated Municipal Wastewaters (2010) to reflect the provision in state law that requires 100% of the nitrogen and phosphorus in treated effluent be taken up by vegetation. MD Env Code § 9-1110.

3. Update the Groundwater Discharge Permitting program so that it is regulated under the federal Clean Water Act National Pollutant Discharge Elimination System (NPDES) program.

4. Add a citizen suit provision in state law that applies, at least, to state water quality permits and the provisions of the state Water Pollution Control statute to give Marylanders the same rights in state court that they hold under the citizens' suit provision for federal Clean Water Act NPDES permits.

Recommended Actions—Agriculture 

1. Incorporate protections in the Phosphorus Management Tool regulation that prevent new pollution hotspots of phosphorus-saturated fields from being created on the upper and middle Eastern Shore. 

2. Reduce barriers and create pathways for non-state organizations to use federal funding to assist with accelerating best management practice implementation. 

3. Require, through administrative action, that the nutrient management plan for a farm applying industrial sludge material as a soil amendment be on file under the NPDES permit issued by MDE for the facility that generated the material.  

4. Incentivize curriculum at local community colleges that prepares students for positions at local Soil Conservation Districts and at the Natural Resource Conservation Service.

Recommended Actions—Coastal Development

1. Update the Maryland Stormwater Design Manual (2009) to include the most recent precipitation data available. 

2. Establish state-wide policy mandating that future construction at locations in the Critical Area zoned as Intensely Developed Areas be restricted to government and emergency services.

3. Reduce permitting barriers for installing living shorelines, bolster funding available to build living shorelines, and limit the use of waivers to the living shorelines provision in state law. 

4. Support legislative efforts—driven by data from a recent Hughes Center Report—that increase forest protections and mitigation requirements under the Forest Conservation Act.

Recommended Actions—Septic Systems

1. Support legislative efforts to require routine maintenance and inspections of septic systems, and create a comprehensive and public septic database, managed by MDE, that will provide transparent and credible data about the age and viability of septics in the state.  

2. Aggressively fund Maryland’s Bay Restoration Fund in order to connect more communities on septic to municipal systems and to offer more homeowners subsidized septic upgrades to Best Available Technology systems.

3. Limit new sources of nitrogen by requiring Best Available Technology systems in new construction within 1,000 feet of any waterway (including non-tidal/blue line streams). 

Recommended Action—Bay Bridge Development

1. Prioritize green stormwater management practices in planning for the new Bridge crossing. Properties acquired by the state via eminent domain parallel to bridge and highway infrastructure should be allocated as unprecedented tracks of open space for equitable public access, green stormwater solutions, and habitat protection.

The following pages contain background information on ShoreRivers’ recommendations to the transition team for water quality improvements on the Eastern Shore. 

---

Maryland Department of the Environment (MDE)  

1. Recommended Action: Per House Bill 649: Discharge Permits—Inspections and Administrative Continuations, significantly increase staffing and resources for the water quality permitting and enforcement divisions at MDE. Re-distribute these resources more equitably across the Eastern Shore through the addition of more field offices for enforcement staff.

 The current culture and shortage of staff at MDE are resulting in the issuance of permits that do not adequately protect water quality and in lackadaisical enforcement actions, resulting in pollution entering our waterways.

 Increase Staffing: Staffing shortages in the agency, and on the Eastern Shore in particular, prevent timely and adequate responses to reports of stormwater violations at construction sites, tidal and non-tidal wetland violations, and discharge violations. ShoreRivers regularly submits violations reports to MDE enforcement offices on the Eastern Shore only to be told that staffing is down and responses will be issued as priorities allow. Such lack of response to pollution violations disproportionately impacts underserved communities within our watersheds due to their residential proximity to wastewater treatment plant outfalls, factories and processing plants, toxic contaminant discharges, and low-lying areas. We are concerned that this problem will worsen with the closing of the MDE compliance office in Cambridge, making it harder for the agency to adequately respond to violations in the upper and middle Eastern Shore. 

Cultivate a Culture of Enforcement: Enforcement of NPDES and groundwater discharge permits has also weakened over the years, resulting in facilities being allowed to discharging above their permit limits. A prime example of this is the Valley Proteins rendering plant in Dorchester County, which is operating on a discharge permit that expired in 2006. The facility has been in significant non-compliance with their expired permit limits for the past several years, and it took ShoreRivers’ exposure of their illegal discharges to pressure MDE to enforce penalties for the violations. Facilities operating on expired discharge permits should be given a high level of oversight and enforcement to ensure that violations to the outdated permit limits are addressed and don’t cause an even greater pollution problem. 

Develop Adequate Permits in the First Round: Poorly developed draft permits have recently sparked widespread opposition from the communities they impact, including the draft NPDES permits for the Lakeside at Trappe, AquaCon salmon factory, and Valley Proteins. MDE issued a draft permit to Lakeside at Trappe authorizing the discharge of up to 1.5 million gallons per day through spray irrigation only for a judge to remand the permit back to MDE for not including a full package of documents with the permit. After a new comment period with thousands of comments opposing the issuance of the permit, MDE issued a Final Determination granting the discharge of 100,000 gallons per day—a fraction of the proposed draft permit. Similarly, MDE drafted a discharge permit for AquaCon with a discharge of 1.2 million gallons per day into a stream that includes the last known remaining spawning grounds for the endangered Atlantic Sturgeon. Again, after wide-spread opposition to the destruction of the sturgeon habitat, the department reversed their proposal. And finally, MDE has proposed in a draft permit for the Valley Proteins rendering facility a four-fold increase in the volume of pollution the facility can discharge despite its consistent violations of the expired discharge permit under which it currently operates. In all of these cases, considerable time and energy would have been saved if MDE had a culture of enforcement and protection, and had produced quality draft permits.

2. Recommended Action: Through administrative action, update the state’s Guidelines for Land Application/Reuse of Treated Municipal Wastewaters (2010) to reflect the provision in state law that requires 100% of the nitrogen and phosphorus in treated effluent be taken up by vegetation. MD Env Code § 9-1110.

3. Recommended Action: Update the Groundwater Discharge Permitting program so that it is regulated under the federal Clean Water Act National Pollutant Discharge Elimination System (NPDES) program. 

Local counties and MDE are turning to the use of spray irrigation on cropland as a means of wastewater disposal. Spray irrigation is regulated under a state permit known as the Groundwater Discharge Permit, and it is based on the inaccurate belief that wastewater sprayed onto fields is 100% absorbed by crops, with “zero discharge” into groundwater or surface water. In fact, spray irrigation does result in excess nutrients entering our waters. Additionally, Groundwater Discharge Permits often lack the conditions required to comply with the standard of “zero discharge,” such as daily, weekly, and seasonal application rates; adequate wastewaters storage when it cannot be safely applied; and consideration of future weather patterns. This oversight is due, in part, to the fact that the state's Guidelines for Land Application/Reuse of Treated Municipal Wastewaters (2010) does not include the legal requirements established in 2012 (codified at MD Env Code § 9-1110) that 100% of the nitrogen and phosphorus in treated effluent be taken up by vegetation. That law was specifically written to ensure that wastewater facilities would produce no groundwater or surface water pollution, something that the older 2010 guidelines were not written to achieve. Thus, any permit written to the 2010 guidelines, instead of the 2012 law, are both unlawful and incapable of adequately protecting Maryland waters.

4. Recommended Action: Add a citizen suit provision in state law that applies, at least, to state water quality permits and the provisions of the state Water Pollution Control statute to give Marylanders the same rights in state court that they hold under the citizens' suit provision for federal Clean Water Act NPDES permits. 

As described above, MDE issues groundwater discharge permits with no acknowledgement of the pollution load they contribute to state waters, and claims that the Bay Total Maximum Daily Load does not apply to these permits. This is a legal fiction contradicted by the best available science and the Chesapeake Bay Model, which documents that groundwater pollution migrates to the nearest surface water, carrying pollution with it. Moreover, according to a review of MDE inspection data by Chesapeake Legal Alliance in the first half of 2020, 54% of the Eastern Shore facilities—58 out of 108—that hold groundwater discharge permits and were inspected were in noncompliance or required corrective action. But, because Maryland’s Groundwater Discharge Permit is a state permit rather than a federal NPDES permit, it lacks a state “citizen suit” provision that allows the public to bring an enforcement action against the violator, leaving enforcement entirely up to the under-resourced compliance division at MDE. An addition of public enforcement rights and expansion of environmental standing were introduced in 2009 by HB 1053 (Delegate McIntosh) and SB 824 (Senator Frosh) and the passage of a similar bill would address this critical problem.

Agriculture

Agriculture comprises 60% of the land that drains into Eastern Shore rivers, and it is also the largest contributor of excess nutrients and sediments to local waterways. Agriculture is recognized as the sector that needs to achieve the largest amount of nutrient and sediment reductions in order to meet pollution reduction goals. However, implementation of nutrient-reducing practices is slow as the state relies almost entirely on voluntary adoption of practices. The dominant farming practices on the Eastern Shore include large-scale, row crop grain and poultry production, which is fueled by the industrial-scale use of synthetic fertilizers and the need to safely manage large quantities of poultry manure.  

1. Recommended Action: Incorporate protections in the Phosphorus Management Tool regulation that prevent new pollution hotspots of phosphorus-saturated fields from being created on the upper and middle Eastern Shore. 

Management of poultry manure has been a significant challenge for the industry and led to the development of the Phosphorus Management Tool as a means of regulating the use of poultry manure in fields that, through soil testing, show an oversaturation of phosphorus. As a result, counties with high levels of soil phosphorus (Somerset, Wicomico, and Worcester) need to move poultry manure out, and counties with lower levels purchase it for fertilizer (Cecil, Kent, and Queen Anne's). The Maryland Department of Agriculture (MDA) confirms this movement of phosphorus through the state’s manure transport program, sharing data showing that phosphorus levels in the lower shore are decreasing while phosphorus levels in the upper shore are increasing. Protections must be put in place to actually reduce the number of fields with phosphorus-saturated soils, not simply move them around the Eastern Shore.

2. Recommended Action: Reduce barriers and create pathways for non-state organizations to use federal funding to assist with accelerating best management practice implementation. 

In the agricultural sector, pollution-reducing best management practices are implemented on a voluntary basis using incentives through the Maryland Agricultural Cost-Share program, where the cost of implementing practices can be covered 87.5–100% by the state. The state should maintain 100% funding for this program and for the conservation district staff and resources that administer it.

ShoreRivers has developed a proven model bringing state and federal grants to complement these state cost-share resources in order to fully pay farmers to implement practices. A significant limiting factor is obtaining these grant funds quickly enough to meet the demand. The process is cumbersome and time consuming, limiting the total number of landowners we are able to work with. With a significant federal investment through the Farm Bill and a historic amount of surplus in the state budget, streamlining agriculturally earmarked funding to non-government organizations like ShoreRivers could significantly accelerate the outreach and technical assistance needed to put practices in the ground. 

3. Recommended Action: Require, through administrative action, that the nutrient management plan for a farm applying industrial sludge material as a soil amendment be on file under the NPDES permit issued by MDE for the facility that generated the material. 

 Reusing solid waste material generated at an organic processing facility as a nutrient source on farms must be highly monitored. Sludge material is generated by a facility operating under a NPDES permit managed by MDE, but the use of sludge material as a soil conditioner is regulated by a farm’s nutrient management plan, which is managed by MDA with complete lack of transparency as to how safely the material is being used.

MDA identifies the use of sludge material as one of their greatest challenges, citing foul odors, water pollution, and pest infestations that result in outcries by neighboring communities and damage to local waterways. In our experience on the Eastern Shore, the use of organic sludge material as a soil conditioner is rare. Instead, financial incentives make it more lucrative to haul and dispose of the material. NPDES-permitted processing facilities pay hauling companies to dispose of sludge, creating an incentive for those companies to accept as much material as they can and dispose of it cheaply. This often results in hauling companies purchasing land outright or leasing land from farmers in order to dispose of large quantities of sludge material.

The NPDES permitting program sets limits for all pollution waste streams discharged by a facility except for industrial sludge. And while compliance with a NPDES permit is monitored through monthly reporting, the disposal of sludge material lacks this same level of transparency as individual nutrient management plans that currently regulate sludge application are not part of the public record. Requiring greater transparency of the nutrient management plans from farms applying sludge material will create better accountability to ensure the nutrients are being used safely as a soil amendment and are not polluting groundwater and surface waters.

 4. Recommended Action: Incentivize curriculum at local community colleges that prepares students for positions at local Soil Conservation Districts and at the Natural Resource Conservation Service.

 Maryland Soil Conservation Districts and the Natural Resource Conservation Service provide invaluable services to farmers to help achieve clean water and air goals. However, these agencies are having difficulty finding candidates with adequate technical background to fill even entry level positions. Maryland community colleges, particularly those on the Eastern Shore, offer an opportunity to create a workforce to fill these positions. These colleges should work with local conservation districts to develop course work and training to fill this gap in technical support for farmers.

Coastal Development

Development pressure on the Eastern Shore has increased significantly in the wake of Covid-19. Rural communities and natural landscapes, comparatively lower housing prices, and proximity to major city centers have attracted more part-time and full-time residents, contributing to an unrivaled housing boom. The Eastern Shore’s low-lying waterfront and rural landscape supports sensitive habitats that aid in coastal resilience. Proper land use planning is essential in ensuring responsible development that will not harm or destroy these habitats or impair local water quality. 

1. Recommended Action: Update the Maryland Stormwater Design Manual (2009) to include the most recent precipitation data available. 

Sea level rise, more intense storms, and increased pollution loads are important factors to consider in development. Municipalities must prioritize infill over new development, as well as green space conversion and conservation. Site design and stormwater best management practices should account for a greater volume of precipitation, and green infrastructure should be aggressively implemented to slow and treat runoff from impervious surfaces and farm fields to minimize the negative impacts of more intense precipitation events.

2. Recommended Action: Establish state-wide policy mandating that future construction at locations in the Critical Area zoned as Intensely Developed Areas be restricted to government and emergency services.

The critical area is the first line of protection along our waterways—development in this area should be prohibited in order to preserve habitats that naturally mitigate pollution and protect inland developed areas from a changing coastline. Land in the critical area zoned as Intensely Developed Areas should be used only for government and emergency services; otherwise, development in the Intensely Developed Areas of the critical area should be prohibited. The state should also require jurisdictions with delegated authority to submit yearly reports that include information on buffer management plan development, violations, stop-work orders, legal actions, and issued fines to ensure that local laws are being enforced. 

3. Recommended Action: Reduce permitting barriers for installing living shorelines, bolster funding available to build living shorelines, and limit the use of waivers to the living shorelines provision in state law. 

4. Recommended Action: Support legislative efforts—driven by data from a recent Hughes Center Report—that increase forest protections and mitigation requirements under the Forest Conservation Act.

As coastal marshes diminish and migrate inland due to inundation and erosion, they will lose their capacity to protect against flooding and storm surges. Increased risk of floods, failing septic systems in shallow water tables, and land subsidence will likely first impact underserved communities residing in low lying areas of our watershed. Protecting and preserving marshland, forested buffers, submerged aquatic vegetation beds, and wetlands will provide greater resiliency to all our coastal communities and filter polluted runoff before it reaches Eastern Shore waterways. The state should reduce barriers and increase incentives as much as possible for landowners to install living shorelines.

Septic Systems

1. Recommended Action: Support legislative efforts to require routine maintenance and inspections of septic systems, and create a comprehensive and public septic database, managed by MDE, that will provide transparent and credible data about the age and viability of septics in the state. 

2. Recommended Action: Aggressively fund Maryland’s Bay Restoration Fund in order to connect more communities on septic to municipal systems and to offer more homeowners subsidized septic upgrades to Best Available Technology systems.

3. Recommended Action: Limit new sources of nitrogen by requiring Best Available Technology systems in new construction within 1,000 feet of any waterway (including non-tidal/blue line streams).

 Many properties across the Eastern Shore are dependent on individual septic systems to treat their wastewater. Many of these systems are aging and failing, polluting local rivers and posing a threat to human health. ShoreRivers supports several efforts to update and properly maintain septic systems, including using Best Available Technology systems throughout the watershed, requiring routine maintenance, requiring a state license for installers and inspectors, creating a database of all septic systems and drinking water wells, allocating additional funds for septic repairs and upgrades, and increasing technical and financial resources for local health departments and environmental health programs.

Wherever possible, houses on septic systems should be connected to municipal wastewater. Existing wastewater capacity on the Eastern Shore should prioritize connecting existing communities utilizing septics, especially in low lying areas, before new developments receive allocations.

Bay Bridge Development

1. Recommended Action: Prioritize green spaces and stormwater management practices in planning for the new Bridge crossing. Properties acquired by the state via eminent domain parallel to bridge and highway infrastructure should be allocated as unprecedented tracks of open space for equitable public access, green stormwater solutions, and habitat protection.

A new Chesapeake crossing along corridor 7 to Kent Island, currently being evaluated by the Maryland Transportation Authority, will result in increased pollutants entering local rivers and the Chesapeake Bay. New development on the Eastern Shore along the expanded highway corridor will add pressure to our natural systems, including increased stormwater runoff, septic and sewage overflows, air emissions, and litter.

As the Bay Crossing study progresses and considers traffic staging and expanding existing infrastructure on either end of the new span, ShoreRivers will advocate for strong mitigation tactics for environmental impacts that may occur, including land preservation, shoreline restoration, addition of new public access sites, and implementation of green stormwater best management practices. Resiliency planning should impact decision making at the state and local level. State and local planners should focus on creating economic and employment opportunities on the Eastern Shore through mixed use development and enhancing existing town centers to alleviate the need to commute across the bridge.

Elementary School Students Mix Art, Science & Sturgeon

Artist Shelton Hawkins and staff from ShoreRivers work with students at Choptank Elementary School to bring their designs to life in a mural highlighting the Atlantic sturgeon and other marine life.

Did you know there’s an enormous, ancient, endangered fish swimming throughout the Chesapeake Bay? If not, the third- and fourth-grade students at Choptank Elementary School have a lot to tell you!

Over the winter, students gathered with school staff and community partners to install a mural celebrating this fish—the Atlantic sturgeon—as the culmination of a yearlong project led by ShoreRivers as part of its Sturgeon Discovery Program.

Crystal Owens, the third-grade science and social studies teacher at Choptank Elementary, was the brains behind this project, combining the needs of the school beautification committee with a desire to amplify student voice.

“My hope is that our students and community are more aware of the amazing wildlife we have living right next to us,” Owens said. “Through our partnership with Shore Rivers, students are learning to educate their community and promote healthy living environments for animals and people alike.”

Nationally-renowned local artist Shelton Hawkins led the design and installation of the mural, compiling students’ own works of art into a large, flowing piece that now decorates the school hallways and gives everyone who walks by a lesson on what the Atlantic sturgeon looks like.

“I think it's really cool that we took the students' actual drawings and put them together inside our own little fish river … [I] loved the way it turned out,” Hawkins, who has primarily installed murals on basketball courts. “Seeing the kids’ [smiling] faces was the best part.”

The ShoreRivers Sturgeon Discovery program is a Meaningful Watershed Educational Experience that is a part of every third-grade class in Dorchester and Talbot counties. The program was designed to support students in investigating local environmental issues like water quality, pollution and runoff, and endangered species, all through the lens of the Atlantic sturgeon. Healthy, fishable, swimmable waterways will not be possible without the next generation of clean water enthusiasts, so ShoreRivers strives to encourage in students an appreciation for our environment and a dedication to making a difference.

“Even third graders can do their part to foster healthy habitats and show support for our local waterways and the Chesapeake Bay,” said Owens of the stewardship her students demonstrate.

This project was made possible with funding from the Dorchester Center for the Arts and the National Oceanic and Atmospheric Administration’s Bay Watershed Education and Training program. Special thanks go to Principal Laretha Payton, Crystal Owens, Shelton Hawkins, Devon Beck, Sam Peterson, and the faculty of Choptank Elementary School for their dedication to student learning, voice, and stewardship.

ShoreRivers Celebrates New Grants, Projects for 2023

Before and after photos show restoration work done by ShoreRivers at a headwaters tributary of Turners Creek in the Sassafras River watershed. One of several recently awarded grants will enable the organization to further efforts to stabilize eroding ravines, and add resiliency to the creek.

ShoreRivers is beginning 2023 on a high note after it was awarded several grants to fund innovative new projects as part of the organization’s ongoing work to protect and restore Eastern Shore waterways through science-based advocacy, restoration, and education.

National Fish and Wildlife Foundation

Funding from the National Fish and Wildlife Foundation will allow ShoreRivers to strengthen its work with farmers and agricultural landowners in the new year. Agriculture is the single largest land use on the Eastern Shore and thus the largest contributor of nutrient and sediment pollution to its waterways. ShoreRivers is a leader in working collaboratively with farmers to solve problems of nutrient and sediment loss to waterways from agriculture.

Through one grant, ShoreRivers will convene the first cohort of Next Generation Land Stewards—people who are new or upcoming agricultural landowners—to share resources and expertise, and create a network of peer support. Since 92% of land in Maryland is privately owned, it is crucial that landowners are engaged in conservation in order to see significant improvements in the landscape’s ecological function and in the health of the rivers. ShoreRivers will help these rising stewards set conservation objectives concurrent with agronomic and profitability goals.

With funding from a second grant, ShoreRivers will work with farmers in western Delaware to restore wetlands impacting the upper Chester and Choptank watersheds. Wetlands are excellent tools for capturing and treating runoff for nutrients and sediment; providing resilience to flooding, climate change, and changes in storm intensity and frequency; and increasing habitat and biodiversity. They are key to the organization’s work with the agricultural community. This particular project will also focus on developing a strong working relationship between ShoreRivers and the natural resource agencies in Delaware.

Chesapeake Bay Trust

ShoreRivers is proud of its long-time partnership with the Chesapeake Bay Trust, which has generated nearly $2.7 million in grant funding in the past six years alone. These 53 grants have provided support for nearly every aspect of ShoreRivers’ work.

In 2023, three separate grants will fund stream restoration design for Eastern Shore waterways.

A restoration of Choptank river tributary Poor House Run, in Denton, MD, will be designed in conjunction with the Town of Denton. The design will not only address current stormwater runoff but will account for future land use and precipitation changes in an attempt to protect at-risk public and private property.

A two-phase ravine and stream valley restoration design will complement a previously installed wetland to address nutrient and sediment draining from heavily used farm fields into Woodland Creek at the headwaters of the Sassafras River.

The third project also builds on previous work in the Sassafras River watershed at a headwaters tributary of Turners Creek. Funding will further efforts to stabilize eroding ravines, add protection and resiliency to the creek, and protect existing water quality and habitat practices installed upstream.

A fourth grant from the Chesapeake Bay Trust will allow ShoreRivers, a long-time participant in the Marylanders Grow Oysters Program, to update outreach materials and increase knowledge within local communities about the environmental value of oysters and ongoing restoration efforts.

ShoreRivers looks forward to getting started on these new projects, which will help make its vision of healthy waterways across Maryland’s Eastern Shore more attainable, and is grateful to all the funders and supporters who help make them possible. To learn more, visit shorerivers.org.

D.C. Court of Appeals Vacates Federal License for Conowingo Dam

See the full release from Waterkeepers Chesapeake, ShoreRivers, Earth Justice, and the Lower Susquehanna Riverkeeper Association

(Silver Spring, MD) Today, the U.S. Court of Appeals for the District of Columbia Circuit issued an opinion vacating the Federal Energy Regulatory Commission’s (FERC) licensing of the Conowingo Dam and remanded it back to FERC. In its decision, the court agreed with Waterkeepers Chesapeake, Lower Susquehanna Riverkeeper, ShoreRivers, and Chesapeake Bay Foundation’s argument that FERC exceeded its authority when it approved a 50-year license without including the Water Quality Certification that Maryland issued in 2018.

The Clean Water Act provides that no license or permit under section 401 shall be granted until certification has been obtained or has been waived by a state. The court agreed with us that “Maryland did not fail or refuse to act. Just the opposite. The state acted when it issued the 2018 certification.” Furthermore, the court stated that FERC cannot issue “a license based on a private settlement arrangement entered into by Maryland after the state had issued a certification with conditions but then changed its mind.”

In remanding the license back to FERC, the court again agreed with us that there wouldn’t be disruptive consequences, and would allow the “completion of the administrative and judicial review that was interrupted by the settlement agreement.” The court emphasized that states are the “prime bulwark in the effort to abate water pollution.” The court decision clearly shows that delays could have been avoided if Maryland and other parties involved had followed the law from the beginning.

“We applaud the court’s decision and are glad to see that Constellation Energy (formerly Exelon) will be required to pay their fair share for the harm that their dam operations have caused to the Susquehanna River and downstream communities,” said Betsy Nicholas, Executive Director Waterkeepers Chesapeake. “This decision will not only protect the Susquehanna River and the Chesapeake Bay for the next 50 years of this license term, but will also ensure that all water quality certifications for large projects can’t just be thrown out when it is politically expedient or when the state is pressured to do so. This is a big win for the Chesapeake Bay, watermen, downstream residents, and the entire Chesapeake Bay cleanup plan.”

“Vacating the unlawful 50-year license for Conowingo Dam which was conspired by the dam’s owner Constellation Energy and Maryland Department of the Environment sets national precedent in protecting our communities and upholding the statutes of the Clean Water Act,” said Ted Evgeniadis, Lower Susquehanna Riverkeeper. “The Susquehanna River, Chesapeake Bay, and all users of these waters felt great relief today by the court’s decision. Constellation must be held accountable to help protect this critical estuary. If they would like to produce profits from the Susquehanna River, they must accept the fact they play a huge role in protecting downstream communities and must pay to protect water quality, migratory fish species, and recreational uses. Our challenge and court ruling sets the record straight in that large corporations do not get a free pass and are held accountable to the law as written.”

“ShoreRivers applauds the court’s decision to vacate this license and protect our local communities and their fundamental right to clean water. The Eastern Shore bears the brunt of the pollution that flows through the Conowingo Dam, creating navigational hazards, shorelines choked with debris, and oyster bars and underwater grass beds smothered with sediment,” said Sassafras Riverkeeper Zack Kelleher from ShoreRivers. “We’re happy that the right decision was made in this case for our maritime communities and economy, and to protect all of the restoration work that Marylanders have worked so hard to implement. Today’s decision is a major win for our watermen, boaters, community members, and everyone who works, recreates, and enjoys our Eastern Shore waterways and the Chesapeake Bay.”

“Today’s decision makes clear that project owners and states can’t do an end-run around Clean Water Act provisions that Congress put in place to protect the nation’s waters and the public interest,” said James Pew, a senior Earthjustice attorney who represented the groups in litigation. “Water quality certifications have to include all the requirements that are necessary to protect a state’s waters and they can’t be abandoned or altered in private backroom deals.”

Maryland’s 2018 certification identified the minimum steps necessary for the dam operations to protect the water quality of the Lower Susquehanna River and the Chesapeake Bay, including reducing the amount of nitrogen and phosphorus flowing from the dam, ensuring fish and eel passage, improving the dam’s flow regime to protect downstream habitats, controlling trash and debris, providing for monitoring and undertaking other measures. Maryland can go forward with the current certification or go through the process to create a new one. The inclusion of the certification water quality protections in the dam’s license will accelerate progress on the Chesapeake Bay cleanup plan (TMDL).

ShoreRivers and Partners Gather for Second Social and Environmental Justice Community Convening

Representatives from ShoreRivers, Adkins Arboretum, Men for Change, Minary's Dream Alliance, Talbot Family Network, Kent Attainable Housing, His Hope Ministries, Eastern Shore Land Conservancy, and Envision the Choptank are pictured at Adkins Arboretum. Photo by Margan Glover, who led the group on the arboretum’s “Rooted Wisdom: Nature’s Role in the Underground Railroad” walk.

ShoreRivers and eight non-profit partners came together at Adkins Arboretum last month for the organization’s second Social and Environmental Justice Community Convening. The group was comprised of local community-based organizations working on a variety of issues that are at the intersection of social and environmental justice, including equitable housing, youth pathways, and land access. Relationships built at these semi-annual Convenings will help ShoreRivers better understand community needs, activate River-Friendly Yards native planting projects, and collaborate on grant proposals to bring more resources to achieve our shared goals of healthy communities and waterways. They are made possible by a grant from The Keith Campbell Foundation for the Environment.

Representatives from ShoreRivers, Adkins Arboretum, Men for Change, Minary's Dream Alliance, Talbot Family Network, Kent Attainable Housing, His Hope Ministries, Eastern Shore Land Conservancy, and Envision the Choptank spent the day sharing updates, collaborating on future partnerships, and learning how best to support each other’s missions. The group also shared recent successes, including new programs and a grant award for Minary’s Dream Alliance, a successful all-partner meeting for Envision the Choptank, and a blossoming partnership between Men for Change and the Nanticoke Watershed Alliance, two organizations who were connected by ShoreRivers earlier this year.  The group closed out the day by going on Adkins’ “Rooted Wisdom: Nature’s Role in the Underground Railroad” walk, traveling the grounds with a docent to understand how self-liberators used nature to forge a path for freedom. The next convening will be held in spring 2023.

Social justice and environmental justice are intrinsically linked, and both must be achieved to build the healthy, resilient, and joyful Eastern Shore community we all deserve to live in. ShoreRivers believes that diversity, equity, inclusion, and justice in our staff, board, supporters, and programs are critical to achieving our mission of clean water. We believe that access to waterways fuels environmental stewardship; inclusion of diverse communities is essential to long term success; and diverse representation in our membership, staff, and board makes us stronger.

ShoreRivers Welcomes Three New Board Members

ShoreRivers is pleased to announce three new members of its Governing Board: Bruce Abel, Maura Bollinger, and Ron Rothman. As a grassroots nonprofit organization, the hard work and support of board members is imperative to the organization’s efforts for healthier rivers on the Eastern Shore. ShoreRivers extends deep gratitude for the wise counsel, encouragement, and vision of these exceptional community members.

Bruce Abel

Maura Bollinger

Ron Rothman

Bruce Abel began his term on the ShoreRivers’ Board this summer, and is a dedicated advocate for the organization, having previously served on the Miles-Wye Advisory Board. He retired as the Sr. Vice President and COO of C.R. Daniels, Inc., and has worked with the American Lyme Disease Association and Teddy Roosevelt Conservation Partnership. Both he and his wife are active ShoreRivers volunteers, with a particular interest in oyster restoration and the Wye River.

Maura Bollinger is not new to ShoreRivers, having already served as an active volunteer and member of the organization’s Miles-Wye Watershed Advisory Board. Now retired, her professional career began as a telecommunications lawyer before a move overseas shifted her focus to policy work around media competition and free speech.  Around 10 years ago, she and her husband moved to the Eastern Shore and began volunteering for ShoreRivers in myriad ways, from participating in Marylanders Grow Oysters to surveying submerged aquatic vegetation and everything in between.

Ron Rothman, who serves on ShoreRivers’ Choptank Advisory Board, is also an active volunteer in his retirement from a career in nonprofits and development. He spent time working for organizations in fields ranging from healthcare, to research institutes, to the arts, and he’s currently active on a number of non-profit boards, both locally and in Pennsylvania. Ron and his wife have spent 40 years enjoying the rivers and creeks of the Eastern Shore.

These three voices will bring a wealth of expertise to ShoreRivers, strengthening the organization’s robust science-based advocacy, restoration, and education efforts. See the full list of Board of Directors and Watershed Advisory Board members at ShoreRivers.org/leadership.

ShoreRivers also celebrates Bob Ingersoll, whose board term ends this year after decades of service. A river enthusiast and dedicated volunteer, Bob is always happy to share his knowledge of the river as well as his skills as a handyman. From mending oyster cages, to hanging cabinets in offices, to driving the boat for water quality testing, he exemplifies a can-do attitude and positive energy.

In addition to the Governing Board, ShoreRivers appreciates open dialogue with dedicated community member volunteers through its four Watershed Advisory Boards. Volunteers for each Watershed Advisory Board support the organization’s mission as local, grassroots ambassadors. New advisory board members who care deeply about their river and their community and are ready to volunteer their time to work for cleaner waterways are always welcome. Please contact your local Riverkeeper if that sounds like you.

ShoreRivers Programs Keep Thousands of Gallons of Waste Out of Our Rivers

The ShoreRivers pumpout boat, pictured assisting a boat at the Chesapeake Bay Maritime Museum in St. Michaels, pumps more waste each year from recreational boaters on the Miles and Wye rivers, preventing that nutrient and bacteria pollution from entering our waterways. Photo courtesy of Chesapeake Bay Maritime Museum

As part of its efforts to protect and restore Eastern Shore waterways, ShoreRivers regularly works to identify and address all pollution sources, including nutrient pollution and harmful bacteria that can be introduced from recreational boaters’ waste. Boat discharge, especially in marinas, high boat traffic areas, and sheltered coves, can lead to pollution hotspots that pose serious health risks to humans and animals.

ShoreRivers’ pumpout boat— a convenient way to properly dispose of waste rather than discharging it into our waterways—recently wrapped another season on the Miles and Wye rivers assisting local boaters committed to more river-friendly boating practices. The 2022 season saw an impressive 20,155 gallons of waste pumped out of 460 tanks, bringing the boat’s lifetime total to 119,367 gallons kept out of our rivers since the program began in 2016.

The pumpout boat program operates with funding from the Maryland Department of Natural Resources and in partnership with Chesapeake Bay Maritime Museum in St. Michaels. CBMM donates free dockage, storage, and use of their land-based pumpout station to offload the waste from the boat. The sewage then goes directly to the St. Michaels wastewater treatment plant. For more details on this free service, which is offered between May and November, visit shorerivers.org/programs/pumpout-boat.

In the Chester River, boaters have been required to pump their waste at official pumpout stations since 2021 after a multi-year effort by ShoreRivers resulted in the Maryland Department of Natural Resources designating the river as the second No Discharge Zone in the state’s Chesapeake watershed. For a list of marinas where pumpout stations can be found, visit shorerivers.org/programs/no-discharge-zone.

“We all want swimmable, fishable, boatable rivers,” said ShoreRivers’ Director of Riverkeeper Programs Matt Pluta. “It’s something we work hard for every day at ShoreRivers, and we’re grateful to all recreational boaters who have joined us in our efforts to improve local water quality.”

Former ShoreRivers Board Chair Recognized for Service

From left, Rebekah Hock, ShoreRivers Director of Development; Anna Wolgast, former Executive Director of the Chester River Association; Brennan Starkey, former Chair of the ShoreRivers Board and award recipient; Isabel Hardesty, ShoreRivers Executive Director; and Pat Starkey, are pictured during the Mid-Shore Community Foundations’ recent awards luncheon.

Brennan Starkey, former Chair of the ShoreRivers’ Governing Board who oversaw the creation of the organization, was recognized earlier this month with the Mid-Shore Community Foundation’s J. McKenny Willis, Jr. Award.

This award, established in honor of Mr. Willis who devoted his time and personal resources to improving the quality of life in the Mid-Shore region, recognizes nonprofit organizations for providing outstanding service to the community and is presented to a volunteer who has been instrumental in the success of the organization.

As Chair of the ShoreRivers Board from 2017–2021, and of the Chester River Association before that, Starkey guided Chester River Association, Sassafras River Association, and Midshore Riverkeeper Conservancy through what could have been a complicated merger process with clear and caring leadership that ensured the result—and the organization's future—was successful.

“Brennan was one of the first volunteers I met when I began my career in Chestertown more than a decade ago, and he and his wife Pat had been dedicated to the cause for many years before that. It’s been a privilege to experience his steadfast commitment to our mission guide the merging of our three environmental organizations to achieve greater results for families, farmers, and all community members who enjoy our waterways,” says Isabel Hardesty, ShoreRivers Executive Director.

Today, ShoreRivers has become much more than the sum of its parts in terms of its people, its revenue, and its impact thanks to his exceptional governance. Operating a large-scale family farm on the shores of the Sassafras River is more than a full-time job, but Starkey was able to share his business expertise, compassion for the community, and deep-seated appreciation for the environment with his fellow volunteers and the three organization's staff to ensure a respectful and effective transition.

In addition to Starkey, MSCF also presented members of the environmental community with special recognition awards for their achievements, including Chesapeake photographer Dave Harp and Elaine Tama & Marion Arnold of Plastic Free Easton.

Established in 1992, the Mid-Shore Community Foundation is a 501(c)(3) public charity that connects private resources with public needs to enhance the quality of life throughout the Mid-Shore region of Caroline, Dorchester, Kent, Queen Anne’s, and Talbot counties.

ShoreRivers Offers Scholarships for Landscape Professionals

ShoreRivers is offering full scholarships for local landscape professionals to complete level one of the Chesapeake Conservation Landscaping Council’s Chesapeake Bay Landscaping Professional training. Photo courtesy of Chesapeake Conservation Landscaping Council.

The major pollutants in our waterways are nutrients and sediment: basically, fertilizer and soil. These substances are essential for our lands and catastrophic in our water. The way we care for our landscapes, both agricultural and residential, determines whether nutrients and sediment stay put to nourish plants or run off to pollute our rivers.  If you are a landscape professional working on Maryland’s Eastern Shore, you are now eligible for a full scholarship from ShoreRivers to become certified in practices that are healthy for our local waterways and the Bay.

The Chesapeake Conservation Landscaping Council’s Chesapeake Bay Landscaping Professional program provides training to create a community of certified landscaping professionals who will be better stormwater partners and environmental stewards. Thanks to grant funding from the France-Merrick and Robert F. Schumann Foundations, ShoreRivers is offering 12 level one scholarships for the program this winter, advancing the goals of our River-Friendly Yards program by building a network of trained, trusted professionals whom we can recommend to residents and engage as contractors for restoration and planting projects.

Photo courtesy of Chesapeake Conservation Landscaping Council

ShoreRivers has a vision of swimmable, fishable waterways for generations to come, and we believe community members and landscape professionals share this vision. If you employ landscape professionals for your home, please let them know about this great opportunity to become certified as better caretakers of our yards and our rivers.

Scholarships are available on a first come, first served basis for any landscape professional working on the Eastern Shore of Maryland. To apply, register at certified.cblpro.org/register and use the code SHORERIVERS for an upfront discount. Refunds for the remaining amount will be given after completion of the certification. Contact Darran White Tilghman, ShoreRivers Director of Community Engagement, with any questions at dtilghman@shorerivers.org

ShoreRivers Fondly Remembers Nick DiPasquale

Like so many others in the environmental community, we were saddened by the recent passing of Nick DiPasquale. Many of us at ShoreRivers knew Nick in his role as Director of the Environmental Protection Agency's Chesapeake Bay Program, and then our friendship grew when he retired and joined ShoreRivers first as a policy advisor and then as a Governing Board member. Nick shared his extensive expertise in Chesapeake restoration and environmental policy and we’re grateful to have had the opportunity to work closely with this pillar of our community. ShoreRivers staff reflect on their time with Nick:

“I first met Nick at the annual Watershed Forum in Shepherdstown, sometime in the early 2010s. I was new to my position as Chester Riverkeeper and new in my environmental career, and Nick had recently been appointed the Director of the Bay Program. On a late afternoon walk in the woods, I ran into Nick, also enjoying some quiet time in nature away from the conference. We walked together and he shared with me recent studies out of Japan showing that spending time among trees measurably improves your physical and mental health. His genuine joy at the idea of ‘tree bathing’ and his clear pleasure in sharing the science behind it with me was a wonderful and powerful encounter as a young professional. I was awed and so appreciative of his time and wisdom.” — Isabel Hardesty, ShoreRivers Executive Director

“‘Nicky D’ was a great friend and one of the kindest and gentlest souls you could ever meet. He went out of his way to help ShoreRivers in our formative years, when many environmental organizations were courting him for board service just after his retirement in 2017. It was like getting Sandy Koufax or Babe Ruth to help coach your little league team; he brought credibility and science to the fledgling ShoreRivers when he joined our board in 2018. Nick loved helping others and educating anyone on the environment and on just how important balance in nature is. I will always remember Nick very fondly; I think he was the only person I know who flew the Earth Day flag at his house every day. So long Nick, let us know what kind of kayaks they have up there.” — Jeff Horstman, former ShoreRivers Executive Director

“I first met Nick when I invited him to present to the Legacy Institute for the Environment classes I was facilitating at the Chesapeake Bay Environmental Center. It was a long shot call for me but he said yes! He presented each year for at least six years, and his last presentation was just after he officially gave notice of his resignation. He was able to speak freely, unattached to federal communication rules. He broke from his typical lecture and spoke from the heart as he shared his motivations for pursuing a career in environmentalism. He dug in deep to his emotional connections to the natural world and the whole class witnessed his passion as he cried through the last section of his talk. I will never forget the words he spoke and always admired him for taking time away from his ‘BIG’ job to come to meet with our little class of 20 and share how the Bay was being managed.” — Courtney Leigh, ShoreRivers Membership Manager

“A number of years ago, Nick joined a bus tour we hosted highlighting agricultural restoration projects around the watershed. At the time I hadn’t yet met the Director of the Bay Program, and Nick was so humble that I didn't know it was him until afterward when someone told me! In the world of environmental restoration and protection, we could all benefit from being like Nick, or being inspired by Nick.” — Matt Pluta, ShoreRivers Choptank Riverkeeper

“My husband, Ben, and I were excited to see a green ecology flag hanging from the house of our new neighbors on Queen Street and even more impressed when we learned that neighbor's credentials. It turned out that we had won the neighbor lottery with Nick and Becky. These goodhearted folks always welcomed the joyful noise of our children and worked to make their home and our community better. With all of his accomplishments, Nick was always kind, approachable, and generous with his knowledge, whether it was about the restoration workforce or basement insulation. On one of my very first days at ShoreRivers, we went out to plant oysters on sanctuary reefs, and I was assigned to the crew on the pontoon boat Summer Breeze, which included Nick and Becky. They brought humor and hard work to the task, but most of all I remember their evident affection for one another. I thought that day (and still do) that I hope Ben and I will be that way in our next phase of life: young at heart, enjoying shared work, and singing along to Summer Breeze." — Darran White Tilghman, ShoreRivers Director of Community Engagement

“I always think of Nick with a smile on his face. His dependable good cheer and unfailing support for environmental advocacy and our work at ShoreRivers meant so much to all of us. He will be missed by so many who treasured his friendship.” — Kristin Junkin, ShoreRivers Director of Operations & Finance

Nick’s resume was impressive, but beyond his professional accomplishments, he was an incredible friend and mentor. We send our love to his wife, Becky, and the rest of his family as we collectively mourn this great loss to our community.

Fred Pomeroy Receives ShoreRivers Award for Environmental Stewardship at Riverboat Rendezvous

Isabel Hardesty, Executive Director of ShoreRivers; Fred Pomeroy, winner of the ShoreRivers Award for Environmental Stewardship; and Matt Pluta, Choptank Riverkeeper and ShoreRivers’ Director of Riverkeeper Programs, are pictured at the organization’s inaugural Riverboat Rendezvous & Race on November 5.

On November 5, Fred Pomeroy was named the third recipient of the ShoreRivers Award for Environmental Stewardship during the organization’s Riverboat Rendezvous & Race. The award recognizes an individual or entity in the Chesapeake Bay watershed for their transformational accomplishments as a steward of the environment.

The founding President of Dorchester Citizens for Planned Growth, Pomeroy serves as a watchdog and protector for his community. He is a conservationist when it comes to farming and, in addition to working with ShoreRivers on a wetland project, he has implemented acres of buffers, additional wetlands, and quail habitat on his farmland.

"It’s our responsibility as citizens who want to leave a better world to the coming generations to forsake the easy path of cynicism and apathy. In doing so we need to broaden our coalitions by reaching out to underserved folks and those whose political persuasions are different from our own," Pomeroy, a lifelong waterman, Century Farm owner, poet, former teacher, and courageous citizen activist, said while accepting his award. “[Let’s] resolve to keep speaking up for the environment with a glad heart and a generous spirit.”

Pomeroy also brings a conservationist mindset to the water where he operates several acres of oyster leases near Stoney Cove in the Little Choptank River and from where he gets many of the oysters he's donated for ShoreRivers' events. He has also served as an advisor and mentor for ShoreRivers staff on major issues related to Chesapeake Bay fisheries, nutrient pollution, irresponsible development, and other threats that undermine a fundamental right to clean water.

“Fred’s ‘leave it for the next generation’ attitude inspires us all to work harder to ensure that generations to come are able to enjoy fishable, swimmable, boatable rivers on the Eastern Shore,” said Matt Pluta, ShoreRivers Director of Riverkeeper Programs, who presented the award. “He’s an invaluable asset to our region, and someone I’m proud to call a mentor, and a friend.”

ShoreRivers—and the 250 supporters in attendance at the event—were proud to recognize Pomeroy, a true renaissance man and champion of the environment, with this year’s award. After the reception, attendees boarded two turn-of the-century paddlewheelers at the Choptank Riverboat Company and raced to a photo finish where expert helmsmen encouraged more than $44,000 in gifts to support the Riverkeeper program. Visit shorerivers.org to learn more.

Forever Chemicals Found in Eastern Shore Waterways

Choptank Riverkeeper Matt Pluta collects water samples from La Trappe Creek in 2021 that were included in a study on PFAS (per- and polyfluoroalkyl substances) contamination in U.S. surface waters and showed concerning levels of the manmade “forever chemicals.” Photo by Dave Harp.

ShoreRivers’ Riverkeepers are calling for increased testing by the state after the results of a recently released study on PFAS contamination in U.S. surface waters showed concerning levels of the “forever chemical” in some Eastern Shore waterways. PFAS (per- and polyfluoroalkyl substances) are manmade chemicals that persist in the environment and can be highly toxic with continued exposure.

The study, conducted by Waterkeeper Alliance, assessed PFAS levels in 114 watersheds around the country, including 16 within the Chesapeake Bay region. Maryland had the highest total number of detections and the highest number of different PFAS compounds detected in waterways nationwide. La Trappe Creek, a tributary of the Choptank River, had the second highest number of detections in the state for three of the five most prevalent compounds.

“The results of this study clearly demonstrate the need to urgently increase monitoring for these chemicals in our rivers,” said Matt Pluta, ShoreRivers’ Choptank Riverkeeper and Director of Riverkeeper Programs. “Once we begin detecting PFAS in local waterways and on our land, it’s only a matter of time before we begin to detect them in the fish, crabs, oysters, and even venison that we eat.”

PFAS are a family of manmade chemicals used for decades to create things like water-repellant clothing, non-stick cookware, firefighting foam, textile treatments like Scotchgard, stain resistant fabrics, personal care products, and food contact materials like microwave popcorn bags and fast-food wrappers. They are are biopersistent, meaning they remain in organisms indefinitely without breaking down, and are bioaccumulative, meaning that over time, they build up in ever increasing amounts in people, wildlife, aquatic life, and the environment.

PFAS can also enter wastewater treatment systems after being absorbed by humans who consume contaminated meat and fish and then discharged into waterways or applied to farm fields in the form of biosolids fertilizer. Continued exposure to PFAS can lead to adverse health effects including cancers and other diseases of the thyroid, liver, and kidney, and developmental issues in fetuses and infants.

Of the eight water samples that ShoreRivers collected for the study, PFAS were detected in five. In addition to La Trappe Creek, where the sample was collected at the point of discharge from the Trappe wastewater treatment plant, concerning levels of PFAS were also detected in Mill Creek on the Wye East River, Morgan Creek’s Urieville Lake on the Chester River, and Mill Creek in the Sassafras River watershed.

“The Eastern Shore has a number of wastewater spray irrigation permits and smaller wastewater treatment plants that are aging and failing to meet treatment standards,” Pluta said. “The PFAS results from La Trappe Creek at the point where the Town of Trappe’s wastewater treatment plant discharges underscore the need to upgrade and modernize the treatment technology at these older systems before contamination levels get worse.”

The study organized by Waterkeeper Alliance comes on the heels of an effort from the Maryland Department of the Environment to sample fish tissues for PFAS in 2020. The department reported that samples from the Eastern Shore showed no levels of concern, but issued its first-ever fish consumption advisory based on PFAS levels in Piscataway Creek in Prince George’s County, and a first of its kind wastewater discharge permit for the Naval Support Facility Indian Head requiring monitoring for PFAS in wastewater and biosolids.

To learn more about the report from Waterkeeper Alliance, a nonprofit focused on clean water that connects and mobilizes more than 300 local waterkeeper groups like ShoreRivers worldwide, and to read the study’s results in full, visit waterkeeper.org/pfas. ShoreRivers believes that more testing is needed to present a clearer picture of the presence of these chemicals and their effects on Eastern Shore waterways. To support those efforts, or to learn more about the work ShoreRivers is currently doing to monitor local rivers, visit shorerivers.org or contact your local riverkeeper.

Statement on the Approval of the Trappe East Wastewater Treatment Plant Permit

ShoreRivers is disappointed but not surprised by the approval of the Trappe East wastewater discharge permit by the Maryland Department of the Environment. As we told MDE in our initial comments, spray irrigation is not an adequate means of disposing wastewater without polluting the river. The intention of these permits is for wastewater sprayed onto fields to be absorbed by crops, but much of the nutrients end up percolating into our groundwater instead. Showing the inadequacies of these types of spray irrigation systems, data from inspection reports on the Eastern Shore compiled by Chesapeake Legal Alliance for the years 2016–2020 proved that 54% of permit inspections ended in noncompliance. Multiple scientific studies show that 70% of the nitrogen flowing into our Eastern Shore rivers comes from groundwater. We have to protect our groundwater and our rivers by denying spray irrigation permits like this.

However, there are small gains to celebrate here as well. An unprecedented amount of public comment was submitted on this permit that sent the message—loud and clear—to the state of Maryland that we won't allow for blanket approvals that prioritize the wants of developers and companies over the needs of our citizens and the environment. And thanks to these comments and incredible participation by the public, the final permit does include more water quality protections than the original by limiting the wastewater discharge to 100,000 gallons, nearly one sixth of the proposed amount, and reducing the size of the development from nearly 2,500 buildings to 400. We hope that the permit, as approved, will stand and that further needs for the planned development will not include the dumping of massive amounts of wastewater on our land

Members of the public, scientists, lawyers, and experts earned these achievements by engaging in the process and putting forth legitimate concerns about how their fundamental right to clean water would be impacted by the original proposal. ShoreRivers will remain vigilant in our monitoring of this development in order to protect our precious natural resources. Thank you for stepping up in the public process and helping us advocate for clean water.

Matt Pluta
Director of Riverkeeper Programs

ShoreRivers Empowers Next Generation of Land Stewards

Laura Wood (left) is ShoreRivers’ Agriculture & Outreach Coordinator. She and her sisters, Olivia Wood (right) and Julia Anderson, are next generation land stewards for two farms on the Chester and Corsica rivers that have been in their families for 11 generations. In 2023, ShoreRivers will convene the first cohort of Next Generation Land Stewards—people who are new or upcoming agricultural landowners—to share resources and expertise, and create a network of peer support. Email lwood@shorerivers.org to learn more.

ShoreRivers is excited to announce that it will be launching a new program focused on supporting the next generation of agricultural land stewards on the Eastern Shore. Since 92% of land in Maryland is privately owned, it is crucial that landowners are engaged in conservation if we wish to see significant improvements in our landscape’s ecological function and in the health of our rivers. ShoreRivers will help rising stewards set conservation objectives concurrent with agronomic and profitability goals.

This new program, funded by a grant from the National Fish and Wildlife Foundation, is the brainchild of ShoreRivers staff members who are the stewards of long-held family farms in the region.

“In 2020, ShoreRivers’ Director of Community Engagement Darran White Tilghman and I gathered our families together for an afternoon to explore each of our family farms and talk about the beauty, the worries, and the opportunities that face us as the next generation of stewards for these farms,” said Laura Wood, ShoreRivers’ Ag & Outreach Coordinator. “The conversations sparked the idea for this program, as we knew we were not the only ones navigating the responsibilities of multigenerational land stewardship, and we wanted to connect with others to build a community of learning and support.”

In 2023, ShoreRivers will convene the first cohort of Next Generation Land Stewards—people who are new or upcoming agricultural landowners—to share resources and expertise, and create a network of peer support.

“Although we are only second-generation land owners, the Drummond family has been farming land in the Delmarva region since immigrating here from Europe. This farm was my father-in-law’s passion,” said Katie Drummond, ShoreRivers’ Restoration Designer. “Making this farm our home, preserving the land, and maintaining it in agricultural production ensures that his life’s work lives on through us and future generations.”

Workshops with expert partners, including the Eastern Shore Land Conservancy and American Farmland Trust, will explore topics such as succession planning, equitable farm leases that include conservation, forest stewardship, government incentives, and land easements. This program will connect participants to existing efforts and resources—such as the Conservation Reserve Program and the Natural Lands Project, among others—that will educate and empower the next generation of land stewards to feel confident as they navigate the decisions that will define our landscapes and waterways for years to come.

Whether you are the first generation on family land or the 15th, this program is for you. To learn more or join our first cohort of Next Generation Land Stewards who will help build this program, contact Laura Wood at lwood@shorerivers.org.

Celebrating 50 Years of the Clean Water Act

On October 18, 1972, the Clean Water Act officially went into effect. This revolutionary law, which was passed in response to decades upon decades of toxic, industrial pollution and sewage being dumped into our nation’s waters, finally put restrictions on the companies making our water unsafe for human contact. It allowed community members to hold polluters accountable and set precedent for future efforts to ensure clean water for all Americans—an essential human right. It’s also a vital tool for groups like ShoreRivers, that work to protect and restore our waterways.  

The Clean Water Act laid the groundwork for the work we’re still doing today. From suing companies who put profit over public health by refusing to modernize failing wastewater treatment plants, to advocating for endangered species and fragile ecosystems, to putting pressure on governmental agencies to enforce the laws they’re sworn to uphold, we remain committed protecting and restoring our Eastern Shore waterways through science-based advocacy, restoration, and education. 

As we celebrate 50 years of this important piece of legislation, we also look ahead to the next 50. The Act set a goal of eliminating the discharge of pollutants to the nation’s waters by 1985, and, in 2022, we’re still not there. In fact, in a meeting of the Chesapeake Executive Council this week, leaders of the Bay states acknowledged we will not make the 2025 deadline set under the Bay Total Maximum Daily Load strategy. And while the Clean Water Act has been responsible for massive reductions in point-source (or traceable) pollution, the Eastern Shore and our waterways face pollution sources that are harder to identify and harder to eliminate. Our work isn’t done.

 We urge you to stay in the fight with us as we continue to work to see the Clean Water Act’s initial goals realized by supporting your local environmental groups and voting for clean water this November.

Isabel Hardesty
Executive Director, ShoreRivers

ShoreRivers Hosts Inaugural Riverboat Rendezvous and Race

Join ShoreRivers for an on-the-water celebration and friendly competition on Saturday, November 5, during the inaugural Riverboat Rendezvous and Race. Visit shorerivers.org/events to buy tickets and for additional details. Photo courtesy of the Choptank Riverboat Company.

Join ShoreRivers on Saturday, November 5, for its inaugural Riverboat Rendezvous and Race, an on-the-water party and friendly competition hosted aboard the Choptank Riverboat Company’s turn-of-the-century paddle wheelers in Hurlock, MD. Tickets to attend this one-of-a-kind event are limited, so visit shorerivers.org/events to get yours today.

This nautical adventure begins at 2:00 pm with cocktails and hors d’oeuvres under the pavilion and the honoring of Fred Pomeroy, this year’s winner of the ShoreRivers Award for Environmental Stewardship. A waterman, Century Farm owner, poet, former teacher, and courageous citizen activist, Pomeroy’s tenacity and grassroots organizing has been a galvanizing force in our community on behalf of clean water. Following the award ceremony, guests will board the Dorothy & Megan and Choptank River Queen for a tandem cruise and a rollicking race to the finish!

During the race, guests will have the chance to support ShoreRivers’ Riverkeeper program, a key part of its mission to protect and restore Eastern Shore waterways through science-based advocacy, restoration, and education. Proceeds will help fund new boats and the equipment necessary to keep the Riverkeepers outfitted with all they need to be on the water monitoring and protecting our rivers.

“The Riverboat Rendezvous is a brand-new event, and promises to be an incredible afternoon,” said ShoreRivers Executive Director Isabel Hardesty. “Our volunteers and supporters in the area told us they were ready for a new kind of celebration after more than a decade of hosting a Wild & Scenic Film Festival. We’re very grateful for the energy and imagination they have put in to creating this event that can showcase our mission from the water!” ShoreRivers invites guests to have fun and show off their favorite nautical attire from any era as they raise their paddles for the Riverkeepers and race their vessels to the finish line.

ShoreRivers extends special thanks to River Steward Sponsors: James & Pamela Harris, The Easton Group at Morgan Stanley and EcoPrint; River Guardian Sponsors: Bruce & Barbara Boyd, William & Meta Boyd, Eugene Lopez & Mary Revell Lopez, Alfred & Martha Sikes, Richard & Beverly Tilghman, and Philip & Irmy Webster; and Patron Sponsors: Bruce & Jenny Abel, William & Barbara Lane, Ron Rothman & Robin Stricoff, and Theodore Carski & Janet Ruhl. Sponsorships are still available at various levels and include complimentary tickets—email Freya Farley at ffarley@shorerivers.org to learn more.

ShoreRivers uses DNA Tracking to Identify Bacteria Pollution Sources

By collecting, analyzing, and distributing data on bacteria levels in our waterways, ShoreRivers aims to provide the public with the information needed to make educated decisions about contact with the water. This year, ShoreRivers monitored bacteria levels at 45 sites around the region—a major expansion from last year's 32 sites—providing a critical public health service for communities and identifying pollution hotspots for future restoration efforts.

A team of citizen scientists called SwimTesters volunteer their time to test these sites weekly between Memorial Day and Labor Day, and generous site sponsors cover a portion of the associated costs. These SwimTesters monitor for enterococci bacteria at popular public access locations, marinas, yacht clubs, and town piers. The program follows the U.S. Environmental Protection Agency’s standard protocols for collecting and analyzing samples and uses a pass/fail system to determine if bacteria levels are safe or unsafe for swimming. Results can be found during the season at shorerivers.org/swim, and at theswimguide.org, or by following #SwimmableShoreRivers or your local Riverkeeper’s pages on social media.

ShoreRivers has begun tracking sources of bacteria pollution at sites that consistently fail in the span of a season. This additional level of data will help ShoreRivers hone in on chronic causes of pollution in our waterways and identify mitigation strategies.

Multiple years of bacteria monitoring have highlighted sites that consistently show elevated levels of bacteria, indicating a chronic source of pollution that could be caused by failing septic systems, waste from animal farms, or manure fertilizer. Acute sources of bacteria pollution include overflows from wastewater treatment plants and pet or wild animal waste. Of the 45 sites monitored by ShoreRivers SwimTesters this year, nine failed to meet the threshold for safe water contact more than half of the times they were tested. These sites are located on the Choptank River: Red Bridges in Greensboro, Hillsboro Landing, Choptank Marina Beach, Trappe Landing, and Willis Street Beach in Cambridge; in Eastern Bay: Broad Cove near Claiborne; and on the Chester River: Millington Waterfront Park, Morgan Creek Landing, and Broad Neck Landing.

Thanks to generous private donations and funding from the Cornell Douglas Foundation, ShoreRivers has begun tracking the sources of this bacteria pollution. In partnership with Jonah Ventures in Colorado, who works with several other Riverkeeper organizations, ShoreRivers utilized DNA testing over several weeks to identify specific animal sources of this bacterial pollution—whether it be human, poultry, canine, or swine. This new type of testing measures the number of DNA copies found per 100ml of sample water.

“DNA copies do not indicate the presence of active bacteria on their own,” said Chester Riverkeeper Annie Richards. “However, when paired with ShoreRivers bacteria testing for fecal enterococci, we can begin to track patterns between high bacteria levels and the most abundant DNA species present in the water at the time a sample was collected.”

Results from 2022 testing indicate the overwhelming majority of DNA present across our rivers is human, making shoreline septic systems, wastewater treatment outfalls, and illegal marine discharge key sources to monitor in the year ahead.

“DNA testing is another tool in our belt to help ShoreRivers identify pollution sources and start working toward real mitigation strategies,” says Richards. “It’s more important than ever to fully fund our testing sites so we can put more resources into DNA tracking next season. Accumulating multiple years of data is the best way for the Riverkeepers to discern trends for these impaired sites and advocate effectively with stakeholders across our watershed to find a solution.”

For the 2023 bacteria monitoring season, ShoreRivers is searching for sponsors for 18 sites. Site sponsorship allows ShoreRivers to redirect general funds to grow our source tracking program and to activate new sites from the waitlist. The cost to sponsor a site is $40 per week or $640 for an entire season. Anyone can be a sponsor—individuals, families, organizations, or communities. The more bacterial data gathered, the clearer ShoreRivers’ path will be to targeted restoration efforts in our local watersheds.

Clean water is an essential right for everyone, and everyone deserves to know if the water is safe for them and their families to access. For more information about our bacteria testing program and to become a site sponsor, visit shorerivers.org/swim or email your local Riverkeeper.

Fisherman, Scientists, Residents, and Environmentalists in Agreement on AquaCon

On September 19, the Mid-Shore Fishing Club and ShoreRivers were among roughly 75 attendees at a work session in Federalsburg on AquaCon, the Norwegian start-up trying to establish a 25-acre indoor salmon factory that will discharge 2.3 million gallons of contaminated water into Marshyhope Creek daily. For nearly two hours, AquaCon’s attorney spoke at the clearly disgruntled crowd, who were given little chance for public comment at the end of the meeting. We’d like to provide our comment now. 

 First, we applaud the Federalsburg Mayor & Town Council for hosting this session and for Mr. Showalter, on behalf of AquaCon, for his participation. However, after nearly a three-hour meeting in total, we left with more questions than answers, owing in large part to Mr. Showalter’s most repeated phrases of, “I don’t know” and “I’m not a scientist.”

 Fortunately, we have heard from scientists and what they have to say about this facility and its grossly deficient proposed permit (currently under review by the Maryland Department of the Environment.) Scientists worry, rightly so, about the serious threat this operation poses to the Atlantic Sturgeon. Federally and state designated as critical habitat, the Marshyhope is the smallest known river in the United States that is home to this endangered species and is the only river in Maryland where it is known to spawn, with cobble beds that could be eroded away by the amount of wastewater AquaCon proposes dumping just upstream from their habitat. Mr. Showalter was specifically asked at the meeting if AquaCon could guarantee there would be no impacts to the Atlantic Sturgeon and his response was “no.”

 We’ve heard from countless environmentalists about this issue, too, with groups like ShoreRivers, the Chesapeake Bay Foundation, Friends of the Nanticoke River, Dorchester Citizens for Planned Growth, and the Wicomico Environmental Trust all coming out in opposition to this facility and the pollution and runoff it will dump into our waterways.

 ShoreRivers supporters generated more than 360 letters expressing their concerns in just four days, letters that urge the Maryland Department of the Environment to do the right thing and deny the dangerous discharge permit, which would allow AquaCon to dump nitrogen and phosphorus in excess of what the state’s own model says are safe levels for the area. Without the offsets needed to reduce the loads (still unsecured), the permit application is incomplete.

We’ve also heard from advocates like Tom Horton and those who recreate on the Bay, like our Mid-Shore Fishing Club and its 121 members, who consider the proposal “ludicrous.” And Federalsburg residents seem to agree, from those in attendance at the recent meeting who made it abundantly clear that they didn’t want this fish factory in their town to the more than 100 who have signed an online petition in hopes of saving their beloved Marshyhope.

Residents at the September 19 meeting expressed repeated concerns about the withdraw of groundwater and its impact on their drinking water wells, and about the impact this will have on a town already prone to flooding. According to Mr. Showalter, the company proposes to withdraw millions of gallons of water per day from underground aquifers, yet both he and MDE have failed to address whether groundwater supplies and existing uses can accommodate this level of withdrawal, or could cause saltwater intrusion or nearby land to sink, as has happened elsewhere.  Federalsburg already floods on high tides and after heavy storms—add 2.3 million gallons of discharge daily, and the flooding will undoubtedly get worse.

It's not often that this many voices are able to reach a consensus on the best way to maintain the health of our local waterways, but on this case it’s easy to come together—indoor salmon farming of this size and scale hasn’t been done safely and successfully anywhere in the country, and we can’t be the guinea pigs in this experiment. It’s past time to listen to our voices.

We believe it is the Federalsburg Mayor & Town Council's right and duty at this point to take back control of this process by asking the state to discontinue processing the discharge permit. We call on them to make their own voices heard and to protect their town, their residents, and their waterways by stopping this process before it’s too late.

Our Eastern Shore rivers are too fragile for this type of operation. The proposal from AquaCon represents a distraction from the multi-layered effort to reduce pollution flowing to the Chesapeake Bay and to protect native species like crabs, rockfish, and the delicate population of Atlantic Sturgeon. Those of us who support healthy waterways and product fisheries have an obligation to ensure that this negligent permit does not pass. 

Tom Wilkison, President, Mid-Shore Fishing Club

Matt Pluta, Director of Riverkeeper Programs, ShoreRivers

ShoreRivers, Dorchester Citizens for Planned Growth, and Chesapeake Legal Alliance Announce Settlement with Valley Proteins, LLC over Clean Water Act Violations

Local Maryland Eastern Shore nonprofit organizations ShoreRivers and Dorchester Citizens for Planned Growth (DCPG), represented by their attorneys at Chesapeake Legal Alliance, announce an agreement to settle a lawsuit against Valley Proteins for pollution violations at its Linkwood, Maryland facility. The Chesapeake Bay Foundation and Maryland Department of the Environment (MDE) are also parties to the agreement.

Valley Proteins, LLC operates an industrial plant in Linkwood, Maryland, that uses a chemical process to render chicken carcass parts into protein for animal feed and other products, which it then sells. The plant’s Clean Water Act permit expired in 2006, but the state has enabled the company to continue to operate in Linkwood by administratively extending it for more than 15 years.

In spring 2021, ShoreRivers, DCPG, and Chesapeake Legal Alliance along with co-plaintiff Chesapeake Bay Foundation issued a notice of intent to sue under the Clean Water Act because for years the state had failed to address violations at Valley Proteins, failed to renew the 15-year-old discharge permit, and failed to require corrective actions to modernize their wastewater treatment plant. MDE initiated an enforcement action against Valley Proteins in early 2022 after drone footage captured by ShoreRivers documented increased pollution violations and unauthorized discharges into the Transquaking River watershed.

“It took a team of nonprofits, including the Chesapeake Legal Alliance, to finally force MDE into taking a strong position to protect water quality from one of the State's worst permit violators,'' said Matt Pluta, Director of Riverkeeper Programs at ShoreRivers. “We will remain vigilant in the coming months and years to see that the terms of the consent decree are followed and that any future discharge permit includes the necessary conditions for improving local water quality.”

Acknowledging that more is still needed to fully protect the Transquaking River, DCPG President Fred Pomeroy says: “We regard this consent decree as a potential first step toward reducing the illegal discharges from Valley Proteins that have for years degraded the Transquaking River and threatened public health in the watershed. Now, we call on Maryland’s Department of the Environment to produce a strict new operating permit for the facility which will actually contribute to restoration of the river. Markedly improved water quality downstream from the VP operation will be the ultimate test of the effectiveness of this agreement.”

The consent decree is an important victory toward bringing accountability. It is the strongest enforcement action brought to date against Valley Proteins, LLC in the decade-long period for which they have violated pollution control limits.

“Our clients sought to hold Valley Proteins accountable for illegal pollution discharges and violations of its permit, and we have done just that,” said Patrick DeArmey, Attorney for Chesapeake Legal Alliance. “This enforcement action initiated and led by local nonprofits is exactly the type of community involvement that is at the heart of the Clean Water Act.”

Under the agreement, Valley Proteins will pay $540,000 in civil penalties and $160,000 for water quality monitoring and restoration. Additionally, Valley Proteins will be required to complete upgrades and conduct studies on site including: upgrading stormwater treatment; studying potential groundwater pollution and, if identified, abating it; addressing issues with existing wastewater treatment system, and studying and controlling odor and air emissions. The agreement fell short of requiring Valley Proteins to upgrade their outdated wastewater treatment plant, a condition ShoreRivers and DCPG view as necessary to prevent future violations and protect water quality.

Separate from this consent decree, MDE is expected to issue a new Clean Water Act permit to Valley Proteins this year. MDE released a draft permit for comment earlier this year which proposed an almost four-fold increase to Valley Proteins’ water pollution discharge flow, an expansion that ShoreRivers and DCPG strongly oppose given the facility's extremely poor compliance record.

***

Shore Rivers protects and restores Eastern Shore waterways through science-based advocacy, restoration, and education. A 501(c)(3) working to advocate for strong clean-water laws to ensure a legacy of thriving waterways and help galvanize communities to act to improve the health of our rivers, its core focus is on the Chester, Choptank, Sassafras, Miles, and Wye rivers, Eastern Bay, and the Bayside Creeks.

Dorchester Citizens for Planned Growth a 501(c)3 nonprofit is organized to guarantee a public voice in issues of land and water use. The group pledges to advocate for the promotion, maintenance, and conservation of the natural resources, farmland, waterways and open spaces of Dorchester County.

Chesapeake Legal Alliance is a 501(c)(3) nonprofit organization dedicated to providing free legal services, with a mission to apply the power of the law to protect and restore clean water and promote healthy, resilient ecosystems for communities across the Chesapeake Bay watershed.

Volunteers Needed for On-the-Water Field Trips with ShoreRivers

Volunteers are needed to assist with canoe excursions for high school and elementary students on select dates this school year.

If you’ve got a passion for the environment, experience working with students, and are comfortable in a canoe, ShoreRivers needs you! Healthy, fishable, swimmable waterways will not be possible without the next generation of clean water enthusiasts, so we strive to encourage in students an appreciation for our environment and a dedication to making a difference.

ShoreRivers’ Education Department is seeking volunteers to help monitor groups of 10–25 students on field trips at the University of Maryland Center for Environmental Science’s Horn Point Lab in Cambridge. Volunteers are needed on select school days from 9 am–1 pm between October and May. This is a unique opportunity to support students age 8–15 from all across the Eastern Shore—some of whom may be visiting the river for the first time. During the field trip, students learn about local water quality, study Bay creatures like the Eastern Oyster and Atlantic Sturgeon, and canoe in a cove off the Choptank River.

ShoreRivers leads a robust environmental education program that serves more than 2,500 third-grade and high school biology students every year throughout our watershed communities. We provide students with a Meaningful Watershed Education Experience, a Maryland State graduation requirement. ShoreRivers leads classroom lessons, field experiences, community-focused action projects, and teacher professional development.

Volunteers must have transportation to the site and be comfortable in and around canoes. For our elementary field trips, we are especially in need of experienced canoers who are comfortable paddling in a boat with two students. Responsibilities include: assisting students getting into and out of canoes, on-the-water monitoring of student safety while paddling, alerting ShoreRivers staff of any issues or concerns, and having fun! You will not be responsible for disciplining students, leading lessons on the water, or bringing your own canoe.

Anyone interested should fill out the volunteer application form at: shorerivers.org/volunteer and email Demetrio at dfinley@shorerivers.org for more details on dates and times.