Pennsylvania’s Broken Permit System

Health Risks from Bad Water

Finally, Encouraging Words from EPA

President’s Message
EPA Responds to President
Obama’s Executive Order:
Good News, But Why Wait?
M ay 12, EPA Administrator Lisa Jackson
released an Executive Order, signed
that day by President Obama, declar-
ing the Chesapeake Bay a national treasure
and directing federal agencies to do everything
within their power to put good science to work
to restore the Bay.
Many of you have told EPA in letters, cards,
and at a town hall meeting, that it is time to
act. Your voices have given us tremendous
momentum and we are hearing encourag-
ing words from EPA.
Specifically, on September 10th, EPA re-
leased a draft report outlining what it will do
(http://executiveorder.chesapeakebay.net).
Unlike past documents that focused on
“ EPA need not wait for a lengthy
review process to begin reducing
other sources of pollution.
goals, EPA’s draft report focuses on action,
articulates the agency’s intent to require the
Bay states to do more, proposes to expand
its own regulatory programs, and promises
to hold itself and the states accountable
for progress.
We have never seen a stronger, more well-
documented set of proposals come out of
the federal government’s lead Bay agency.
Much of what is in the report is exactly
2 Fall 2009 cbf.org
●
what we have been calling for, and litigat-
ing to achieve.
But EPA must go further. It must dramat-
ically strengthen the air section by pro-
posing new strategies to reduce airborne
pollution. And it must support a commit-
ment to accomplish the set of proposals
through either a binding court-sanc-
tioned settlement of CBF’s lawsuit or a
new legislative mandate.
And EPA need not wait for a lengthy review
process to begin reducing other sources of
pollution. It can still object to a Virginia per-
mit for the giant pharmaceutical company
Merck, which will add more pollution to an
already impaired Virginia waterway,
”
(page 15). In Maryland, EPA can take strong
measures to require the massive Sparrows
Point steel mill to stop toxic contamination
from migrating offsite and into waters where
children swim (page 13). In Washington,
EPA can issue a new more stringent permit
to reduce pollution from the massive Blue
Plains sewage treatment plant. And in
Pennsylvania, EPA must object to destruc-
tive fast-track permits which are being
issued for new gas-drilling sites (page 6).
KEVIN WOLF
CBF President Will Baker
Important Bay Improvements At Risk
EPA action is especially critical now, as real
indications of a Bay fighting for improve-
ment are apparent. We have long believed
that when oysters and underwater grasses
start to do better, that will be an indication
of a possible systemic Bay improvement.
There are now early signs that the distribu-
tion of underwater grasses is increasing.
Furthermore, oysters appear to be develop-
ing a tolerance to the two parasites, MSX
and Dermo. Their numbers are increasing,
and the general population appears health-
ier. Restoration efforts may finally be start-
ing to take hold.
What You Can Do
We urge you to visit http://executiveorder.
chesapeakebay.net and make your views on
the draft reports known.
And we urge you to support the legislative
mandate we mentioned above. Congress
will soon debate reauthorizing and
strengthening the Clean Water Act, a criti-
cal legislative effort to codify EPA’s authori-
ties for reducing pollution from all sources.
Maryland Senator Ben Cardin has circulat-
ed a draft bill in the Senate, and, later
this month, we expect to see a similar bill
in the House.
Thank you.
William
. C. Baker
President, Chesapeake Bay Foundation
 Contents

Fall 2009 Vol. 35 No. 3●

6 Destination Chesapeake
On the North Branch Susquehanna, a boom in natural gas
drilling poses risks to water quality.

10 Water-Wise
Green frogs in the Chesapeake region seem resistant to a
fungal disease sweeping the globe.

.
20 Bad Water and Human Health
A new CBF report explores threats from water pollution.

23 Strength in Numbers
Scaled-up oyster reefs are becoming the model for
restoration efforts.

25 High-Tech Tools for Students

FieldScope, a new CBF education project, involves young
scientists in water-quality research.
10

6 20
Departments
5 MAILBOX
An announcement of legal action against
the Sparrows Point steel plant prompts
responses from CBF members.
13 CAMPAIGNS
Updates on CBF’s Biggest Fight For Clean
Water This Nation Has Ever Seen.
16 BAY BRIEFS
CBF activities in the Bay states and the
District of Columbia.
24 PROFILE
A leader in the creation of an enforceable
pollution limit system for the Bay found
her inspiration on a Virginia river.
26 OUR GIVING COMMUNITY
A living shoreline memorializes Kennedy
Fitzgerald, a new skiff aids Hampton
Roads programs, and a key benefactor
seeds CBF’s litigation successes.
25 30
28 DRIFTWOOD
Bay bits and pieces.
30 LAST LOOK
On a tiny outpost in the Chesapeake,
the women of the Smith Island
Crabmeat Co-Op celebrate their deep
faith and the renewed bounty of the Bay.
PHOTO CREDITS THIS PAGE: UPPER RIGHT, ISTOCKPHOTO; LEFT TO
RIGHT, ENDLESS MOUNTAIN VISITORS BUREAU, PETER TANGO, JEFF
ALLENBY, TOM PELTON/CBF STAFF

3
ISTOCKPHOTO

Give
& AT THE OFFICE
Save the Bay is published quarterly and provided free of
charge to CBF members by the Chesapeake Bay
Foundation, 6 Herndon Avenue, Annapolis, MD 21403.

Fall 2009 Volume 35 • Number 3

Carol Denny, Editor

Save
Loren Barnett Appel, Director of Creative Services
© Chesapeake Bay Foundation 2009
E-mail: STBeditor@cbf.org
888/SAVEBAY • cbf.org

Editor’s Note
THE BAY It’s one thing to say that our waterways are polluted and
that fish and crabs are suffering. Now, news that the Bay’s
degraded condition can cause dangerous illnesses in
humans is summarized in CBF’s latest report, Bad Water
This fall, thousands of workers will designate 2009: The Impact on Human Health in the Chesapeake Bay
Region (page 20).
contributions to CBF through employee
payroll deductions. It’s easy, efficient, It’s time to demand that the federal government and EPA
commit the necessary resources, here and now, to heal the
and a great way to support CBF’s Bay and its rivers and streams. We must care for our water
as if our lives depended on it—because they do.
programs throughout the year.

If CBF is not listed in Carol Denny

your workplace campaign

brochure, find out if
Environmental Awareness Statement
The Chesapeake Bay Foundation saved the following
your campaign accepts resources in the production of this publication:
“write-ins.” When your 11 tons Trees
employer matches its 233,086 gallons Wastewater
employees’ donations, 506 million BTUs Total Energy
your contribution can 29,329 pounds Solid Waste
have twice the impact. 75,763 pounds Greenhouse Gases
Environmental impact estimates were made using the
Environmental Defense Paper Calculator.
www.papercalculator.org

For more information about workplace giving, including having

a representative from CBF participate in your charity fair or
kick-off event, contact us at member@cbf.org or 443/482-2108.
The inks used for this publication are based on linseed oil, a renewable
vegetable oil derived from flax and known for low toxicity.

CHESAPEAKE BAY FOUNDATION

2009 OFFICERS EX OFFICIO TRUSTEES 2009 TRUSTEES Wayne A. Mills HONORARY TRUSTEES
D. Keith Campbell Governor Martin O’Malley Donald F. Boesch, Ph.D. Charles W. Moorman, IV Louisa C. Duemling
Chairman Governor Edward G. Rendell John T. Casteen, III W. Tayloe Murphy, Jr. C. A. Porter Hopkins
James E. Rogers Governor Timothy M. Kaine Richard L. Franyo Marie W. Ridder Burks B. Lapham
Vice Chairman Mayor Adrian M. Fenty G. Waddy Garrett Alexis G. Sant H.F. Lenfest
Susan S. Phillips Joanne S. Berkley Alan R. Griffith Truman T. Semans T. Gaylon Layfield, III
Secretary Bay Care Chapter Carolyn Groobey Simon Sidamon-Eristoff M. Lee Marston
Alan L. Wurtzel Hal C. B. Clagett Michael J. Hanley Jennifer Stanley Charles McC. Mathias
Treasurer Clagett Trustee Virginia R. Holton Thomas H. Stoner H. Turney McKnight
William C. Baker Robert A. Kinsley Rt. Rev. Eugene Taylor Sutton Godfrey A. Rockefeller
President Matthew J. Klein Michael Watson Russell C. Scott
Byron F. Marchant Anthony A. Williams Edmund A. Stanley, Jr.
Aileen Bowdoin Train

4 Fall 2009 cbf.org

●
 Investigations at the Sparrows Point site have found

Action on Sparrows Point carcinogens in the soil and toxic metals, petroleum
by-products, and solvents in groundwater.

NIKKI DAVIS

At a press conference in May, CBF announced its intent to sue the U.S. Environmental
Protection Agency (EPA), the Maryland Department of the Environment (MDE), and the
current and former owners of the Sparrows Point steel plant for their failure to address
pollution at the site. Despite a 1997 court order directing that on- and off-site hazardous
waste be cleaned up, dangerous contaminants like benzene and chromium continue to
seep into surrounding waters. Following the announcement, CBF members weighed in.

I used to live (was born in the Dundalk area) close to Sparrows
Point and have suffered numerous “mysterious illnesses” since the
age of five…I am so relieved that action is being taken to alleviate
the exposure to local residents of industrial toxins...I can’t thank
you enough! This is way overdue!
—MARY JANE OELKE (White Marsh, Maryland)
Great news! Benzene is just the tip of the iceberg. What about…
mercury, lead, arsenic, possibly cadmium, selenium, and silver?
What about PCBs and various sludges from the old coke ovens?
The landfill is loaded with a toxic brew that makes the Love
Canal look like child’s play.
—LARRY EISENHART (Hunt Valley, Maryland)
It’s so refreshing that CBF has been suing lately...when gobs of
money are involved, people do not do the right thing without
being compelled by law.
—ANNE AMBLER (Silver Spring, Maryland)
I cannot see how any argument, e.g., the “economic consequences
of enforcement” rants and threats, can compare to the looming
absolute ruin of the value of the Bay, its natural production of
seafood, and health consequences.
—BOB GILBERT (Rockville, Maryland)
Learn more about Sparrows Point on page 13 and at
cbf.org/sparrowspoint.

I fully support this action—thank you for helping to clean and Get in touch with Save the Bay!
secure the Bay, a much needed and beneficial natural resource. Talk to us online
—DIANE HARDER (Laurel, Maryland) E-mail the editor at stbeditor@cbf.org.

Thank you for your stewardship. This should serve to put others Write us a letter
Save the Bay Editor, Chesapeake Bay Foundation,
on notice, especially in Virginia where I live…I am confident that
6 Herndon Avenue, Annapolis, MD 21403
the monies are going to good use, especially for the Bay.
—WILLIAM F. KELLY (Kilmarnock, Virginia) Give us a call
888/SAVE-BAY or 888/728-3229

5
Destination Chesapeake
North Branch
Susquehanna
ENDLESS MOUNTAINS VISITORS BUREAU
I
n northern Pennsylvania, at the edge
of the Chesapeake watershed, a race
to extract natural gas from one of the
largest deposits in the country is
causing heartburn among anglers,
sportsmen, and water-quality advocates.
The effects of the drilling could blight what
one conservationist calls “some of the last,
best places we have in Pennsylvania”—pris-
tine streams and deep forests that once sus-
tained American Indian tribes and still attract
6 Fall 2009 cbf.org
●
AS GAS WELLS PROLIFERATE, WATER
passionate outdoorsmen. The coldwater
brooks in the state’s northern tier are prime
attractions for visitors, who spend nearly
$2.5 billion in the region each year.
As big drilling companies from across the
nation position themselves to tap into a
major energy source, some residents are
uneasy about the environmental impact of
the process. Their concerns focus on the
erosion and sediment created as wells are
built and the disposal of millions of gallons
of tainted water used to release the gas
from the ground.
Questions on the effects of the drilling are
surfacing in Bradford, Tioga, and Susque-
hanna counties in northeastern Pennsyl-
vania, which were among the state’s leaders
in the number of drilling permits issued in
2008. Waterways there are particularly vul-
nerable to the changes, and drain directly
into the North Branch of the Susquehanna
River, the Bay’s largest tributary.

Once a sacred place to American
Indian residents, Wyalusing Rocks in
Bradford County offers a panorama of
rolling farmland bordered by the North
Branch Susquehanna River. The county,
in the northern Chesapeake Bay water-
shed, is experiencing a natural gas
drilling boom that could affect water
quality in the region.
WORRIES GROW
By Carol Denny
“We’re really concerned about getting pro-
tections in place here,” said CBF
Pennsylvania Attorney Matt Royer. “There
are serious risks to our water from the
drilling—from stormwater runoff and ero-
sion that occurs during the construction
phase, and from the treatment of waste-
water after the drilling phase.”
Although the history of drilling in Pennsyl-
vania goes back more than 150 years, 21st
century demand for new energy sources,
coupled with advances in drilling tech-
niques, have made the state’s natural gas
reserves in Marcellus Shale a hot commodity.
Marcellus Shale is a massive rock formation
extending from Ohio across Pennsylvania
and into New York. In recent years, it’s
become one of the leading sites for domestic
gas production in the United States, in part
because of new technologies that extract
natural gas through a process called
hydraulic fracturing. Drillers inject huge
quantities of water into the ground at high
pressure to “fracture” the shale, which then
releases natural gas. Sand and chemicals are
added to the water to aid the process.
Once the gas has been freed, about half of
the more than two million gallons of water
injected—now contaminated with salt
and minerals, in addition to sand and
chemicals—comes back to the surface.
First, the “frac” water is pumped into a
large, lined impoundment pond or storage
tanks; later, it’s vacuumed up by fleets of
tanker trucks and shipped to a wastewater
plant that can treat it.
The problem, as CBF Water Quality
Scientist Harry Campbell sees it, is that
very few treatment plants are equipped to
SUSQUEHANNA RIVER BASIN COMMISSION
remove the salt and chemicals in the mix.
“One of the main concerns is the high
salinity of the water. If frac water gets dis-
charged into streams in this concentrated
form, it will affect aquatic life,” he said.
“Also, we don’t have water-quality criteria
for the many chemicals used in frac water,
so there’s no way to know if the water’s
being adequately treated.”
To its credit, the Pennsylvania Department
of Environmental Protection (DEP) has
devised a strategy to deal with pollutants in
the frac water and proposed regulations
that would set limits on the discharge of
these pollutants. Industry has voiced oppo-
sition, and a vigorous debate will likely play
out in Harrisburg in the coming months.
Several municipal wastewater treatment
plants have already been permitted to
receive frac water for treatment. But in
June, DEP issued citations to the Jersey
Shore wastewater treatment plant, which
discharges into the West Branch of the
Susquehanna near Williamsport, for
numerous violations. The state agency
ordered the plant to stop accepting frac
water deliveries immediately, forcing the
borough to store the excess in a holding
tank and underscoring how limited the
facilities for frac water treatment are.
An alternative to treating the frac water is to
dispose of it by injecting it back into the
earth. This too, raises concerns, Campbell
said, because the practice could potentially
affect sources of drinking water. Federal
controls on the process are currently lack-
ing. CBF is fighting for passage of two bills
now pending in the U.S. House and Senate
(the latter co-sponsored by Senator Robert
Casey), which stand to correct the exemp-
tion for frac water treatment granted in
2005.
Adding to concerns about drinking water
are reports of methane leaks, some leading
to explosions, which have been associated
with gas drilling across the state. The
methane, which can escape when cement
casings around the bores fail, has been
reported in private wells in northern and
western Pennsylvania.
Drilling sites are common across the Marcellus
Shale formation, home to some of the country’s
largest natural gas reserves. Hundreds of wells
are already active in Pennsylvania’s northern tier.
7
 ENDLESS MOUNTAINS VISITORS BUREAU
ENDLESS MOUNTAINS VISITORS BUREAU
Pristine lakes and forests attract sportsmen and anglers to the region surrounding the North Branch Susquehanna.
Kayakers paddle on the Susquehanna Water Trail near Ulster, Pennsylvania.

North Branch Susquehanna At A Glance

■ Length: Approximately 327 miles.
■ Watershed Area: Approximately 11,310
square miles, including 15 counties in
Pennsylvania and 20 counties in New York.
■ Land Use: Forest (deciduous and evergreen)
and agriculture (hay and pasture, dairy
farming).
■ Citizen Groups: Upper Susquehanna Coalition,
www.u-s-c.org; PA CleanWays,
www.pacleanways.org; North Branch Land
Trust, www.nblt.org; Pennsylvania Council of
Trout Unlimited, www.patrout.org. For a com-
plete list of local conservation organizations,
visit cbf.org/wg.

The Marcellus Shale formation (shaded area on larger map) extends over a large part of the mid-Atlantic region, including parts of the
Chesapeake Bay watershed (in green). In recent months, drilling has boomed in Bradford and Susquehanna counties in Pennsylvania,
along the North Branch of the Susquehanna River (inset). Well sites are shown in red.

8 Fall 2009 cbf.org

●
SUSQUEHANNA RIVER BASIN COMMISSION
Left: More than two million gallons of water per well are injected to release natural gas from the shale formation.
Disposal of the contaminated frac water poses environmental risks. Right: Wells are capped after drilling.

“ The pipelines, the truck traffic, the actual disposal of CBF’s Concerns on Natural
Gas Drilling
the wastewater—everything has an impact downstream.

”
—DEB NARDONE, COLD WATER RESOURCE SPECIALIST ■ Stormwater and sediment runoff from
drilling and related construction

A major worry in the largely undeveloped
region is the amount of land being dis-
turbed by drilling and its related activities.
Extensive forested areas are being cleared
for drilling pads, pipelines, and roads to
the well sites, which could accelerate ero-
sion and pour tons of sediment into near-
by streams. “There are two or three hun-
dred wells in the county already, and a lot
of infrastructure going up right now. We’ll
see frenzied activity this year,” predicted
Mike Lovegreen, District Manager of the
Bradford County Conservation District.
Until March of 2009, the state’s county
conservation districts—the environmental
overseers who provide the “boots on the
ground,” according to CBF’s Royer—were
responsible for approving erosion and sed-
iment permits for gas well construction.
But a sudden decision by DEP excluded
the county conservation districts from the
permitting process. Instead, the depart-
ment instituted a new fast track permitting
option that allows drillers to obtain per-
mits without any technical review of plans.
The unexpected action raised suspicions
that in the rush to drill, local environmen-
tal oversight was being brushed aside.
“This is the biggest impact of land in
Bradford county since it was clear-cut for
timber in the 1800s,” said Lovegreen. “The
DEP decision is something we’d like to see
reversed, because we have the local knowl-
edge and could provide input. That’s what
the county conservation districts were creat-
ed for, to make sure things are done right.”
CBF Pennsylvania Executive Director Matt
Ehrhart concurred, pointing out that the
abrupt change in the permitting structure,
with no public notice or discussion, sets a
dangerous precedent for environmental pro-
tection. “Without technical review of plans,
DEP is relying solely on the drillers’ paid
consultants to ensure that streams are not
polluted by sediment,” explained Ehrhart.
At the current rate of drilling, more than
30 million gallons of water could be drawn
for gas wells this year in Bradford and
Susquehanna counties alone. The huge
withdrawals have led members of conser-
vation groups like Pennsylvania Trout
Unlimited to question whether local
resources can withstand the pressure. As
part of the permitting process, DEP
requires drillers to specify the sources and
location for the fresh water they use; the
Susquehanna River Basin Commission
(SRBC) also regulates the process.
“The SRBC and DEP have done a pretty
good job of overseeing where the with-
drawals are being taken,” said Deb
Nardone, a Cold Water Resource Specialist
who works with the Pennsylvania Council
of Trout Unlimited. “But the new roads built
to get to the well pads, the stream crossings,
■ Tens of millions of gallons of fresh
water withdrawn from local streams
■ Inadequate facilities and regulations
for contaminated “frac water”
■ Permits “fast-tracked” without local
technical review
■ Potential drinking water contamination
the pipelines, the truck traffic, the actual
disposal of the wastewater—everything has
an impact downstream. We’re talking about
[protecting] true wilderness areas, pristine
streams where our members hunt and fish.”
CBF is fighting to protect the region’s natu-
ral resources against the effects of the
drilling. In August, it challenged three per-
mits issued to drilling and pipeline con-
struction companies in Tioga County.
“These permits were issued without techni-
cal review and an analysis of the damage
caused by construction and post-construc-
tion runoff. That violates both the federal
Clean Water Act and Pennsylvania law,” said
CBF’s Royer. The Pennsylvania Environmen-
tal Hearing Board will rule on the case.
To learn more, visit cbf.org/MarcellusShale.
Carol Denny, editor of Save the
Bay magazine, is a native of
Pennsylvania. She last wrote
for Save the Bay on Maryland’s
Mattawoman Creek.

9
W AT E R - W I S E

T H E N O R T H E R N G R E E N F R O G , AT H O M E I N T H E B O G
BY CAROL DENNY
TWAN LEENDERS

10 Fall 2009 cbf.org

●

O
n a warm evening, on any
one of thousands of streams
and ponds dotting the Chesa-
peake landscape, you’ll hear
its distinctive call—a cacoph-
onous twang that sounds like a loose banjo
string. The northern green frog, one of the
region’s most common amphibians, is mak-
ing itself at home.
And that’s a good thing, because frogs are a
prime indicator species, exceptionally sensitive
to changes in their environment. With their
thin, porous skin, they’re particularly suscepti-
ble to toxins in water and air. When they dis-
appear from an area, it can be an early warning
sign of dangers in the larger ecosystem.
Pollution is not their only threat. Frogs are
also endangered by the ongoing loss of wet-
lands and forests. If their natural breeding
grounds are disturbed or eliminated, the
frogs will find it harder to survive.
Rana clamitans melanota, the northern green
frog common to the Bay region, is a medi-
um-sized frog about two to four inches
long. It lives only in freshwater, mostly in
shallow ponds, ditches, and grassy swales.
Its most distinctive feature is a pair of ridges
along its back. It’s one of the most active of
all native frogs, and known to make enor-
mous leaps. For many youngsters, the big-
eyed, slightly slimy creature is one of the
The most common frog in the
Chesapeake region, the northern green
frog inhabits freshwater ponds and
wetlands. It has protected status,
meaning it cannot be harmed or killed.
Male green frogs have larger external
eardrums (tympanums) than females.
Tympanums appear as raised circles
behind and slightly below the eyes.
ALAN WOLF
On their way to maturity,
green frog tadpoles absorb
their tails and grow legs.
first wild animals they encounter, a memo-
rable introduction to the wonders of the
natural world.
Once their remarkable metamorphosis from
tadpole to mature frog is complete, frogs
breathe with their lungs on land, using the
muscles in their throats. Underwater, they
breathe only through their skin, which con-
tains a dense web of blood vessels that carry
oxygen to the rest of the body. Lacking
scales, they rely on a coating of mucus to
keep their skin moist.
“Green frogs are a good species to monitor
to see trends and declines,” says J.D.
Kleopfer, a Wildlife Diversity Biologist with
the Virginia Department of Game and
Inland Fisheries, “but they’re cyclical in
nature. People often call me and say, ‘Last
year I heard lots of frogs in my yard, and
this year, I don’t hear any at all.’ I explain
that they’re changeable; this could be a
boom year because of a wet spring, and
next year it will change. You have to look at
long-term data to see any trends.” This year,
he notes, “frogs got off to a really good start
because of the wet weather. There’s proba-
bly some localized decline, but we don’t
have any information yet.”
Biologists are keeping a close watch on
frogs these days, looking for signs of a ram-
pant fungal infection called chytridiomyco-
BILL PORTLOCK/CBF STAFF
11
 SHARON CUMMINGS
Once a tadpole becomes a mature
frog and moves to land, it breathes
through its lungs. Underwater, adults
absorb oxygen through their skin.

sis (chytrid for short) which has devastated
frog populations around the globe.
National Geographic magazine quoted Aus-
tralian researcher Lee Berger as saying the
outbreak and resulting loss represented
“the most spectacular loss of vertebrate
biodiversity due to disease in recorded his-
tory.” It reported that chytrid is now found
on all continents where frogs live, in 43
different countries and 36 U.S. states.
However, frogs in the Chesapeake region,
including the northern green, seem to be
unaffected.
“Almost everywhere we test in Virginia,
we find positive signs for chytrid,”
Kleopfer says. “We think it might be part
of natural fungal fauna, but we have not
seen massive die-offs like those happening
out west or in Central and South America.
Our frog population might not be
immune, but it’s tolerating chytrid. We’re
not sure why. It seems to be species-spe-
cific, particularly devastating for moun-
tain-type frogs. It might be because they’re
more susceptible to exposure to ultraviolet
light. There are a lot of questions that have
to be answered.”
Frogs and amphibians all over the globe
are increasingly stressed by water pollu-
tion, climate change, and disease.
Scientists are sharing information to moni-
tor the health of their populations world-
wide. Recently, Frogwatch USA, a project
managed by the National Wildlife
Federation and the American Association
of Zoos and Aquariums, recruited volun-
teers to collect data on frogs in their region.
Citizens listened for frog calls several times
a week during breeding season, which runs
from early spring to late August, and sub-
mitted their findings for evaluation.
“It would be a sad world without that loose
banjo string sound,” said CBF Senior
Naturalist John Page Williams. “Our
responsibility is to be good stewards of this
planet, so that we can protect not only
northern green frogs, but ourselves.”
Learn how to make your backyard invit-
ing for green frogs and other wildlife. Visit
cbf.org/wildlife.

GREEN FROG facts •

DESCRIPTION: Green frogs aren’t always
green; they can be bronze or brown, but are
usually green on the upper lip. They are 2.5 to
4.5 inches long, with large external eardrums
and prominent ridges on either side of their
backs. Their bellies are white with a darker pat-
tern of lines or spots. The male has a yellow
throat and swollen thumbs.
HABITAT: Green frogs live close to shallow, fresh
water and are widespread in wetlands, ponds,
and streams throughout eastern North America.
A subspecies, the Northern Green frog (Rana
clamitans melanota), is found from Canada to
the Carolinas.
BREEDING: Green frogs first mate when they are
one to two years old. The breeding season runs
from March through August, peaking in mid-
summer. Females lay about 3,000 eggs at a
time. Fertilized embryos develop into tadpoles in
about 30 days; tadpoles take up to a year to
grow into adult form.
CALL: Green frogs sound
like the twang of a loose
banjo string. Their call is
usually given as a single
note, but is sometimes
repeated rapidly three or four
times. Most frogs and toads
start to call about a half-hour
after sunset.
IN YOUR YARD: Create frog-friendly
spaces by providing clean water and hid-
ing places with plenty of insects to eat. To
make sure that frogs can get into and out of
your pond with ease, provide logs or rocks
for them to climb on and avoid steep
edges. Plant vegetation native to your
area around the edges to provide cover.
Frogs absorb chemicals through their
skin easily, so do your part to keep
garbage, chemicals, and non-native
plants and animals out of the natu-
ral environment.

12 Fall 2009 cbf.org

●

CBF Pressures Steel Plant and Agencies
for Clean Up
T he bottom of Bear Creek off the Patapsco
River in Baltimore is coated with a sub-
stance that resembles solid, stinky tar.
The reason looms nearby: the Sparrows
Point steel plant in Dundalk. Nearly a centu-
ry of industrial activities at Sparrows Point
has left behind a legacy of toxic contamina-
tion that rivals many Superfund sites.
Pollution has ravaged the Patapsco, Bear
Creek, and other nearby streams.
The Bear Creek sediment is a graphic illustra-
tion of why the Chesapeake Bay Foundation
(CBF) and partners have announced their
“ Benzene, a human carcinogen, has
been found in groundwater at levels
100,000 times the legal limit.
intention to sue the U.S. Environmental
Protection Agency (EPA), the Maryland
Department of Environment (MDE), and the
past and present owners of the plant. In
1997, original owner Bethlehem Steel agreed
to clean up pollution at the site and to assess
risks to human health and the nearby ecolo-
gy from the pollution. Many of the terms of
the agreement have not been met.
Past and recent investigations have found car-
cinogens in soils at the mill site at levels many
times the Maryland soil clean-up standards;
high concentrations of toxic metals, petrole-
um by-products, and solvents in groundwater
NIKKI DAVIS
Campaigns
onsite; water pollution discharge permit vio-
lations at the steel mill’s wastewater treat-
ment facility; potential air pollution viola-
tions; and expansions of the Grey’s Point
landfill in violation of the consent decree. Dr.
Beth McGee, Senior Regional Water Quality
Scientist for CBF, said that benzene, a human
carcinogen, has been found at 100,000 times
the government’s Maximum Contaminant
Levels in groundwater flowing from the site
into the Patapsco River. Yet the potential
human health and environmental risk from
exposure to this and other contamination has
not been evaluated or addressed, as required
in the 1997 agreement.
”
Several local residents and businessmen
have joined CBF and the Baltimore Harbor
Waterkeeper in the possible legal action.
CBF has expressed a willingness to with-
hold the lawsuit if substantial progress can
be assured.
“Steel plants can be run successfully with-
out being a major source of pollution. We
look forward to steps being taken by the
current owner Severstal, MDE, and EPA to
ensure that the operation of the facility is
in compliance with its permits and the
consent decree,” said CBF Vice President
for Litigation Jon Mueller.
Residents of communities near the Sparrows Point steel plant
face the risks of exposure to many toxic wastes. CBF has
announced its intent to sue to force an on-site cleanup and an
investigation of off-site contamination.
13
13
 Campaigns
King William Reservoir:
It’s Dead
T he proposed King William reservoir, the sub-
ject of more than 20 years of intense legal
wrangling and political maneuvering, has finally
come to an end. The Newport News, Virginia,
City Council delivered the coup de grace in
September with a unanimous vote to kill the
controversial project after city waterworks offi-
cials recommended that all work be terminated.
The city’s decision to kill the reservoir
stemmed directly from a lawsuit brought by
CBF, the Alliance to Save the Mattaponi, the
Virginia Chapter of the Sierra Club, the
Mattaponi Tribe, and the Southern
Environmental Law Center. The lawsuit
challenged the federal permit issued to
Newport News for the reservoir, and in a
major victory for the environment, a U.S.
District Court ruled last March that the per-
mit was arbitrary, capricious, and invalid.
Enforceable Limits Drafted for Bay Clean-Up Plans
D iscussions on pollution in the Chesapeake
watershed begin with a single fact:
Scientists have determined that to remain
healthy, the Bay can accommodate no more
than 175 million pounds of nitrogen pollution
a year.
The Chesapeake 2000 agreement, a land-
mark pact to improve regional water quality,
used this number as its targeted goal, and
agencies developed plans for individual trib-
utaries that would limit total pollution to
that number. The plans, however, lacked
specifics, and there were no penalties for fail-
ing to achieve the necessary reductions.
Thus, the plans failed. In 2008, monitoring
showed that 291 million pounds of nitrogen
pollution annually were smothering the
nation’s largest estuary.
Now, the U.S. Environmental Protection
Agency (EPA) and the states are developing
14 Fall 2009 cbf.org
●
GARRIE ROUSE
The U.S. Justice Department chose
not to appeal the ruling, and the
Army Corps of Engineers suspended
the permit, ordering Newport News to pro-
vide additional justification for the reservoir.
These decisions sealed the reservoir’s fate.
Newport News officials opted to abandon
the project and pursue alternative sources of
water to supply the city’s future needs.
The formal end to the King William reser-
voir is a great victory for CBF members,
trustees, staff, supporters, and thousands of
citizens across Virginia who for years vigor-
ously opposed the environmentally destruc-
tive project. If built, the reservoir would
have destroyed more than 430 acres of pris-
tine nontidal wetlands, threatened Virginia’s
American shad population, and flooded
American Indian cultural sites. The wetland
enforceable limits for pollution in the Bay
and its rivers—a key demand in the lawsuit
against EPA filed by the Chesapeake Bay
Foundation (CBF) and its allies last
January. The pollution budget, called a
TMDL (Total Maximum Daily Load) would
be the first in the nation to require that Bay
states meet explicit pollution limits or face
the consequences.
Pollution allowances across the watershed—
from sources such as sewage treatment
plants, urban and suburban stormwater, agri-
cultural runoff, and more—would be deter-
mined under the TMDL, which is expected
to become final in December 2010.
“The big difference between this new
approach and past clean-up plans is that
under the new TMDL, EPA will actually
require the states to specify, in great detail,
how they will achieve pollution reductions
The Mattaponi River, endangered by a proposed
reservoir project, has been spared after a
hard-fought battle by CBF and others.
loss alone would have represented the single
largest permitted loss of wetlands in the
Mid-Atlantic region in the history of the
Clean Water Act.
“We are very gratified that Newport News
finally abandoned the reservoir project,”
said CBF Virginia Executive Director Ann
Jennings. “This is a profound victory not
only for CBF and the other partners, but to
the many legislators, scientists, federal
employees, and citizens who passionately,
persistently fought to protect their homes,
the Mattaponi River, and the Chesapeake
Bay. CBF thanks them for their steadfast
support and their efforts to fight for what
was right.”
from all sources,” said CBF Senior Regional
Water Quality Scientist Dr. Beth McGee.
“That’s crucial. Perhaps more importantly,
there will be consequences if the states fail to
develop adequate plans or fail to make
progress in achieving the necessary pollution
reductions.”
Pollution sources fall into two categories:
point sources, such as sewage treatment
plants and large stormwater systems requir-
ing permits (about half of the Bay’s urban
stormwater), and non-point sources, such as
runoff from farms and septic systems. The
Bay TMDL will address both, fine-tuning the
allocation formula to achieve reductions in
the Bay’s overall pollution budget.
“CBF’s involvement in legislation, litigation,
and the development of this new TMDL has
really placed the enforceable pollution limit
at the top of the Bay agenda,” said McGee.

Pollution Allowance for Merck & Co. Opposed
C iting an obvious violation of Virginia law
and the Clean Water Act, CBF has chal-
lenged approval of a request by Merck & Co.,
Inc., an international pharmaceutical giant, to
forego reducing its nitrogen pollution to levels
necessary for a healthy Shenandoah River and
Chesapeake Bay.
“Merck’s failure to reduce pollution will
only worsen unacceptable conditions in the
Shenandoah and the Bay,” said CBF Virginia
Deputy Director Joseph Tannery. “Virginia
needs to find ways to reduce, not increase,
pollution to the Bay and its rivers.”
It’s a David and Goliath story, pitting CBF
against not only a corporate titan with
$7.8 billion in net income last year, but
also the bureaucracies of the U.S.
Environmental Protection Agency (EPA)
and Virginia’s Department of Environmental
Quality (DEQ).
Merck has argued for a reversal of an earlier
mandate that it reduce its wastewater pollu-
tion discharge levels to protect the
Shenandoah. At stake is more than the addi-
tional 29,216 pounds of nitrogen pollution
that Merck wants to release annually into
the river.
In June, CBF filed an appeal of a DEQ
decision allowing Merck to avoid increased
pollution for the already overloaded
Shenandoah River. CBF argued that the state
had no legal right to grant Merck’s request
under Virginia law or the Clean Water Act.
Moreover, CBF highlighted multiple solu-
tions that DEQ could require to ensure pro-
tection of the river. One of those solutions
would be to require Merck to “offset” its
Campaigns
additional pollution request by first accom-
plishing a corresponding reduction else-
where in the Shenandoah river basin.
2000 agreement, and the basic Bay cleanup
framework. It has called upon EPA to inter-
vene in the matter. To date, EPA has been
silent, even in the face of an obvious viola-
“The Commonwealth has developed a host tion of the law and a precedent-setting deci-
of reasonable, viable, and affordable options sion that has the potential to unravel the
that Merck can employ to come
into compliance with the pollu-
tion limits. Every other discharg-
er is required to employ such
compliance options. Why not
Merck?” asked Tannery.
Front Royal
After a lengthy regulatory review
process, the state and Merck did
agree to several measures in an Luray
attempt to address the well-doc-
umented pollution problems in
the Shenandoah river basin. Harrisonburg
Elkton
However, the conditions placed Merck & Co. plant
on Merck are voluntary and fail
to guarantee water quality
Staunton
improvements.
“There is the very real possibility
that Merck will be discharging
pollution without any offset for
years to come,” Tannery noted. Merck & Co.’s Elkton plant has received approval to forego
reducing its nitrogen pollution in the already overloaded
The case has statewide, even Shenandoah River.
regional, implications. Merck is
but one of a growing list of industries and multi-state effort to clean up the Bay.
municipalities seeking to discharge Tannery concluded, “In this case, omission
increased levels of pollution. If allowed, equals permission. I certainly hope EPA will
such increases will “bust the cap” estab- soon find the courage to stand behind its
lished by scientists as the maximum own laws and overturn Virginia’s decision in
amount of pollution the Bay and it rivers this case.”
can safely tolerate.
Share your thoughts on our Facebook Fan
CBF has concluded Virginia’s actions violate Page at facebook.com/chesapeakebay or on Twitter
the federal Clean Water Act, the Chesapeake by adding the hashtag “#cbfmerck.”
15
 Bay Briefs
CBF Challenges Permits Related to
Natural Gas Drilling
For the first time since the Pennsylvania
Department of Environmental Protection
(DEP) took over review of plans that regulate
erosion, sediment, and stormwater at natu-
ral gas drilling sites, the Chesapeake Bay
Foundation (CBF) is challenging three per-
mits in Tioga County, contending they vio-
late both Commonwealth and federal laws.
DEP stripped review authority from local
County Conservation Districts in April, and
then instituted an expedited stormwater
permitting process that does not allow for
public participation or meaningful agency
review of permit applications.
“Instead of protecting the environment, DEP
is rubber stamping permit applications with-
out any formal review,” said CBF’s Pennsyl-
vania Executive Director Matt Ehrhart. “Wild
trout streams and their tributaries, and excep-
tional value wetlands that should receive extra
protection under the law, are at risk due to the
lack of thorough DEP oversight.”
CBF is challenging permits issued to
Fortuna Energy, Inc., authorizing earth dis-
turbance for pipeline construction in
SUSQUEHANNA RIVER BASIN COMMISSION
CBF is fighting permits granted in Tioga County
regarding erosion, sediment, and stormwater
controls at the sites of natural gas wells.
16 Fall 2009 cbf.org
●
PENNSYLVANIA
Lack of local oversight
on gas-drilling permits
puts trout streams and
wetlands at risk.
Jackson Township and in Tioga State Forest,
and to Ultra Resources, Inc., authorizing
earth disturbance for substantial drilling
operations in Gaines and Elk townships. The
permits were granted with no analysis of the
rate or volume of stormwater runoff from the
construction, which can pollute streams.
“These permits were issued without techni-
cal review and an analysis of the damage
caused by construction and post-construc-
tion runoff,” said CBF Pennsylvania Staff
Attorney Matthew Royer. “That violates both
the federal Clean Water Act and Pennsyl-
vania law. Conservation Districts have the
local knowledge and experience to review
the permits and manage the program. What
we see here is a clear failure by DEP to meet
fundamental permit review obligations. DEP
should restore authority to the Conservation
Districts.” The appeals will go before the
Pennsylvania Environmental Hearing Board.
“Gas drilling will bring some level of environ-
mental damage, as well as damage to roads
and bridges,” Royer said. “That damage
must be minimized through wise application
of environmental regulations. It also under-
scores the need for a severance tax on
drilling so that the state can fund mitigation
projects to offset damages.”
Stimulus Funds Aid Water Quality
An unprecedented award of federal stimulus
money will boost nitrogen pollution reduc-
tion in Pennsylvania waterways. The $14.9
million package from the American Recovery
and Reinvestment Act of 2009 (ARRA), the
largest single award in CBF history, will sup-
port a variety of farm conservation practices.
The funds, earmarked for “shovel-ready”
projects, will address chronic water pollu-
tion issues across 16 counties.
Learn more at cbf.org/stimulus.
OFFICE OF SENATOR CASEY
A bill introduced by
Senator Robert
Casey (D-PA) seeks
to amend the Safe
Drinking Water Act
to safeguard
groundwater threat-
ened by natural gas
drilling.
The Frac Act: Federal Protection
for Water Supplies
Pennsylvania’s current natural gas boom has
increased concerns about water quality,
especially groundwater and drinking water
contamination (see page 6).
In June, Sen. Robert P. Casey (PA) and Sen.
Chuck Shumer (NY) introduced legislation
to prevent groundwater contamination dur-
ing the drilling process known as hydraulic
fracturing or “fracking.” Fracking involves
pumping a pressurized chemical slurry down
wells to fracture rock deposits and free the
gas. Currently, there are no federal controls
on the process. Casey and Shumer’s legisla-
tion, dubbed the “Frac Act,” aims to close
this loophole in the Safe Drinking Water Act.
“My major concern is that the chemicals
added to the water to create fracking fluids
are highly toxic,” said Casey upon introduc-
ing the bill. “These chemicals are injected
right below underground drinking water.
This is especially important to Pennsylvania
because our state has the second highest
number of private wells for drinking water in
the nation, second only to Michigan.”
Find out how you can support clean water and the
federal “Frac Act” by visiting cbf.org/actioncenter.
For more information on how CBF is working
to protect Pennsylvania waters, visit cbf.org/
Pennsylvania or call 717/234-5550.
 Bay Briefs
MARYLAND
TOM ZOLPER/CBF STAFF
Town Hall Meeting Draws Hundreds A standing-room-only
Demanding EPA Action crowd urges federal
Over 400 passionate people came to a town officials to accelerate
hall meeting in Annapolis on August 11 to urge Bay restoration.
the U.S. Environmental Protection Agency
(EPA) to step up in the fight to Save the Bay.

President Obama mandated that EPA and stormwater pollution which results from
certain other federal agencies submit reports sprawl. Baker said EPA could refuse to issue
on ways to restore the Bay. The reports will federal permits in areas where this pollution
be used to develop a Bay restoration strategy, violates established federal guidelines.
scheduled for draft release on November 9.
To hear Will Baker’s remarks, go to
The Chesapeake Bay Foundation (CBF), cbf.org/TownHall.
Environment Maryland, and other groups
organized the town hall meeting to demon- Alternative to Highway Project Urged
strate public support for an aggressive EPA
approach. Charles County leaders have proposed a six-
mile, $60 million, four-lane highway that Streams and wetlands around Mattawoman Creek
“If the Bay is going to be saved, the federal would cut through pristine forests, destroy are threatened by Charles County’s plan to build a
government has got to be willing to draw a productive wetlands, do nothing to reduce six-mile highway through the heart of the region.
line in the sand,” CBF President William C. local traffic congestion, and provide no assis- Opponents have offered alternatives that would
Baker told the standing-room-only crowd. tance to residents who commute to nearby shift growth closer to existing development.
Washington, D.C.
Chuck Fox, EPA Senior Advisor on the congestion?” said Kim Coble, Maryland
Chesapeake Bay, acknowledged to the audi- The Cross-County Connector would lead to Executive Director of CBF. “Instead, county
ence that “game-changing solutions” will be sprawling development throughout the leaders need to help people get to their jobs.
necessary to reverse decades of degradation Mattawoman Creek watershed. Currently, They need to support communities rather
in the Bay’s water quality. sprawl in Charles County consumes natural than promote sprawl.”
areas at one of the fastest rates in the state.
Audience members spoke ardently about the The U.S. Army Corps of Engineers estimates In July, the Smarter Growth Alliance for
need for the federal government to lead the suburban development in Charles County will Charles County, which includes CBF and
clean-up fight. The public seemed especially destroy more than 10,000 acres of forest— 16 other environmental organizations,
concerned with sprawl development and nearly 33 times the size of the National Mall— released Trouble Ahead: Use Alternative
in the next 20 years. The proposed highway Routes, proposing an alternative to the
WILLIAM N. HATHAWAY

and the houses that it would serve would cut
through the heart of one of the cleanest, most
productive areas of the Chesapeake Bay.
There’s a better, more popular alternative.
According to an independent survey con-
ducted in June, a substantial majority (73
percent) of Charles County voters support
commuter rail service connecting the coun-
ty’s population centers—Waldorf and La
Plata—to Washington, D.C., over the pro-
posed highway.
highway. The report also suggested the
county redirect its resources to enhance
existing neighborhoods and communities
and safeguard natural areas.
Both the Army Corps of Engineers and
Maryland Department of the Environment
(MDE) have voiced numerous concerns and
questions about the highway, and are review-
ing permit applications. MDE has announced
it will make a decision on its permit by
December.

“The public gets it. Money is tight and Rt.
301 is clogged with traffic. Why spend pre-
Chuck Fox, EPA Senior Advisor on the cious resources on a highway that cuts
Chesapeake Bay, spoke at a Town Hall meeting through one of the most productive fisheries
in Annapolis on August 11. in the Bay region, and will do little to ease
Learn more at cbf.org/mattawoman.
For more information on how CBF is working to
protect Maryland waters, visit cbf.org/Maryland
or call 410/268-8816.

17
 Bay Briefs
Obama Commands New Approach
to Bay’s Problems
President Obama’s Executive Order on
Chesapeake Bay Restoration, signed on May
12, requires the federal government to create
a new, government-wide, coordinated strate-
gy for protection and restoration of the
Chesapeake Bay.
Said Doug Siglin, CBF Federal Affairs
Director, “President Obama’s Executive
Order gives us real hope that the federal gov-
ernment will significantly accelerate its
actions to save the Bay and that EPA will
assume its lawful role as a leader of that
effort.”
The coordinated strategy will be prepared by
a new “Federal Leadership Committee,”
chaired by Administrator Lisa Jackson and
involving senior officials from the depart-
ments of Agriculture, Defense, Interior,
Transportation, Commerce, Homeland
Security, and perhaps others. It will examine
possible policies and programs, impacts of
climate change, agricultural conservation
assistance, conservation of open spaces,
public access, research, monitoring, and
other topics.
Following the release of preliminary reports
on September 10, a draft of the plan and the
coordinated strategy paper are scheduled to
be released on November 9 for a 60-day
public comment period.
Learn more at http://executiveorder.
chesapeakebay.net.
ISTOCK
Federal agencies are devising a coordinated
strategy for the Bay in response to
President Obama’s Executive Order.
18 Fall 2009 cbf.org
●
DISTRICT OF COLUMBIA
In response to the
president’s Executive Order,
federal officials confer on a
coordinated Bay plan.
Freshmen Congressmen Fight
For Chesapeake Bay
As CBF pursues litigation against EPA to force
it and other federal government agencies to
enforce environmental law, several new allies
in Congress have joined The Biggest Fight for
Clean Water This Nation Has Ever Seen.
Although freshman representatives typically
are slow to make an impact, new members
from the Chesapeake Bay watershed have
quickly taken action to protect and restore the
Chesapeake Bay.
One of the leaders has been Maryland
Congressman Frank Kratovil (MD-1), who
sponsored an amendment to bring new sup-
port to farmers who install practices that
reduce pollution. Kratovil sponsored anoth-
er measure to authorize and continue a suc-
cessful U.S. Fish and Wildlife Service pro-
gram to protect, restore, and enhance wild
bird habitat.
Another early leader has been Virginia
Congressman Gerry Connolly (VA-11), who
in July successfully amended an appropria-
tions bill to increase funding for oyster
restoration. A second new Virginia Congress-
man, Rob Wittman (VA-1), joined Connolly
to speak in support. Both noted that oysters
are a keystone species and an effective natu-
ral filter for pollution. The two representa-
tives have individually sponsored other Bay-
friendly bills. Connolly’s Chesapeake Bay
Restoration Act would set a runoff standard
for all new “greenfield” projects on undevel-
oped land. Wittman’s Chesapeake Bay
Accountability and Recovery Act would
ensure that federal agencies use science-
based strategies when determining restora-
tion projects and goals.
Two other new Virginia representatives, Tom
Perriello (VA-5) and Glenn Nye (VA-2),
REP. KRATOVIL’S OFFICE
Rep. Frank Kratovil (MD-1) has been an active
champion for the Bay during his first months in
Congress, sponsoring several environmental
measures.
joined about 30 other members in advocat-
ing that the federal highway system better
manage its polluted runoff. Perriello also
showed notable political courage in voting
for legislation to address climate change.
On the other side of the Capitol, freshman
Senator Mark Warner (VA) has introduced
legislation to continue and strengthen the
National Oceanic and Atmospheric Admini-
stration’s (NOAA’s) Chesapeake Bay restora-
tion work.
Diverse Bay Coalition Launched
CBF has joined about 80 other organiza-
tions, ranging from large national environ-
mental groups to all-volunteer stream clean-
up efforts, to form a new coalition to help
promote federal actions to restore the
Chesapeake Bay.
The coalition, whose signature initiative is the
“Choose Clean Water Campaign,” will
inspire, unite, and guide its members to talk
to their Congressional representatives about
the importance of protecting and restoring
clean water in the Chesapeake Bay watershed.
Led by a steering committee that includes
Doug Siglin, CBF Federal Affairs Director, the
new coalition is supported by the Keith
Campbell Foundation for the Environment,
Town Creek Foundation, Prince Charitable
Trust, Summit Fund of D.C., and the
Foundation for Pennsylvania Watersheds.
For more information on how CBF is working
at the federal level to protect and restore the Bay
and its tributaries, visit cbf.org/DC or call
202/544-2232.

Power Plant Would Aggravate
Pollution; CBF Calls for EPA Action
CBF is fighting a new coal-fired power plant
proposed for Surry County, because the
plant would worsen pollution in the James
River and the Chesapeake Bay.
According to figures released by the owner,
Old Dominion Electric Cooperative (ODEC),
the plant in Dendron would add 1.9 million
more pounds of nitrogen pollution and 118
more pounds of mercury pollution to the air
above the Bay.
“This pollution will only worsen the well-
documented nitrogen and mercury prob-
lems already plaguing the Bay,” said CBF
Virginia Deputy Director Joe Tannery. “The
plant will also emit huge quantities of green-
house gases that will exacerbate climate
change, already a growing threat to our
region.”
CBF is calling upon the U.S. Environmental
Protection Agency (EPA) to become directly
involved in federal environmental impact
studies for the plant and for the U.S. Army
Corps of Engineers to hold additional public
hearings in heavily populated Hampton
Roads, where plant impacts would be felt by
the greatest number of people.
“EPA and DEQ (Virginia
Department of Environmental
Quality) can neither legally
authorize nor justify the dis-
charge of additional nitrogen
and mercury pollution in an
ecosystem that’s already
impaired,” Tannery stated.
CBF is urging ODEC to pur-
sue less environmentally dam-
aging alternatives, pointing
out that the 2007 Virginia
Energy Plan concluded that
energy efficiency and conser-
ANDREA MORAN/CBF STAFF
vation measures are the quick-
est, most cost-effective ways to
meet Virginia’s future energy
needs.
Learn more at cbf.org/surry.
Bay Briefs
VIRGINIA
A proposed coal-fired power farmers on “Farmers to the Bay” trips to
CBF’s Port Isobel Education Center and
plant would further degrade Tangier Island.
regional air and water and
pose human health risks. The Shenandoah effort is among 12 environ-
mental projects in Virginia and Washington,
D.C., receiving a total of $6.1 million from
the National Fish and Wildlife Foundation
Federal Funds Targeted to Improve and the Chesapeake Bay Program to reduce
Streams in Shenandoah pollution to local streams, rivers, and the
Chesapeake Bay.
CBF has joined a Shenandoah Valley effort to
ensure that federal funding for agricultural
conservation practices helps to reduce as CBF Backs New Runoff Rules
much polluted runoff as possible.
CBF strongly supports new Virginia regula-
The Shenandoah Valley Clean Streams tions that, if approved, will greatly lower the
Initiative targets high-density animal produc- amount of polluted runoff fouling state
tion farms in the Smith Creek watershed, streams, rivers, and the Chesapeake Bay.
with the goal of reducing pollution suffi- ISTOCK
ciently to remove Smith Creek from EPA’s
impaired waters list.
CBF is a founding member of the Virginia
Waste Solutions Forum coalition, which is
partnering with the Virginia Department of
Conservation and Recreation on the proj-
ect. CBF’s role will be to work one-on-one
with farmers in the target area to imple-
ment conservation practices that protect
streams, as well as to host participating
Congressman Rob Wittman (VA-1)
joined Clean the Bay Day volunteers
Isabel Dreyer, age two, and father Arram
Dreyer, standing, at Huntington Beach in
Newport News. CBF’s June 6 clean-up
event drew more than 7,000 Virginia Across the Bay region, pollution from stormwater
residents to shorelines and local water- runoff has increased in recent years. Proposed
ways, where they pitched in to remove rules would reduce nitrogen, phosphorus, and
more than 100 tons of trash. sediment flowing from new developments and
farmland across the state.
The new controls on stormwater and farm
runoff are designed to help reduce the
amount and impact of runoff from new
development sites across the state and from
poultry waste applied as fertilizer on farm
fields. The state is expected to act on the
proposed rules this fall.
For more information on how CBF is working
to protect Virginia waters, visit cbf.org/Virginia
or call 804/780-1392.
19
 Bay
Pollution
Disease
can
cause
Mounting Evidence Shows Human Health Threats
By Tom Pelton
PETER TANGO
Cyanobacteria blooms, above, release toxins that have been associated with vomiting, skin rashes, fevers, and disease.
J oe Stover fell in love with water in his youth,
while guiding a canoe down cascading
rapids on the Shenandoah River.
But his lifelong association of water to good
health ended in June 2008. That was when
the recreational boater from Newport News,
Virginia, spent 10 days in a hospital because
of a terrifying bacterial infection from a
waterborne pathogen called Vibrio. His
hand swelled to the size of a catcher’s mitt.
Bernie Voith, a retired printer, enjoyed
swimming nearly every night behind his
home on a tributary to the Severn River in
Anne Arundel County, Maryland. But in July
2005 he was nearly killed by a blood infec-
tion that his doctor believes was caused by
fecal bacteria in the river seeping into an
open cut on his leg.
What do these men have in common? They
are both witnesses to the fact that pollution
and warming temperatures in the
Chesapeake Bay are contributing to the
growth of bacteria that can pose risks to
20 Fall 2009 cbf.org
●
human health. Harmful algal blooms, mer-
cury contamination, and nitrates in drink-
ing water are also examples of how water
pollution can harm not only fish and oys-
ters, but the Chesapeake’s people as well.
The evidence of these health threats—and
case studies about Joe Stover, Bernie Voith,
and others—are revealed in a new Chesa-
peake Bay Foundation report, Bad Water
2009: The Impact on Human Health in the
Chesapeake Bay Region. At a time when the
Obama administration is reviewing new
options to clean up the Bay, the report
makes the case that strong federal action is
urgently needed because the health of our
citizens could be at stake.
RITA COLWELL Vibrio
Among the Threats:
Vibrio: The combination of warmer waters,
pollution, and other factors in the Chesa-
peake Bay is contributing to the growth of a
bacterium called Vibrio that can cause life-
threatening skin and blood infections and
intestinal illnesses, according to Dr. Rita
Colwell, former Director of the National
Science Foundation and currently Distin-
guished University Professor at the University
of Maryland, College Park, and the Johns
Hopkins Bloomberg School of Public Health.
Although infrequent, the number of annual
Vibrio infections reported in Virginia has more
than doubled over the last decade, from 12 in
1999 to 30 in 2008, and reported cases have
also risen in Maryland.
Cyanobacteria: Nitrogen and phosphorus
pollution and warmer weather also stimu-
late the growth of harmful algal blooms.
Blue green algae, also known as cyanobacte-
ria, can cause liver disease, skin rashes, nau-
sea, and vomiting. Dr. Peter Tango,
Chesapeake Watershed Coordinator for the
Victims of Bacteria in the Bay
In June of 2008, Joe Stover was
putting his boat on a trailer at
Denbigh Park Boat Ramp on the
Warwick River, Virginia, when he
suffered a small cut to his right
thumb. Thirty-six hours later, his
hand had “swollen up to the size
of a catcher’s mitt,” he recalled.
“It had me quite worried…
because the hand had swollen so
grotesquely.”
Doctors determined that Stover
was suffering from a Vibrio infec-
tion, which can cause life-threat-
ening illnesses. He spent 10 days
in the hospital and underwent sur-
gery as a result of his encounter
with the bacteria.
“It really brought to my attention
how important it is that we pay
attention to our water, and how
dirty our water is,” said Stover of
his terrifying illness.
Joe Stover
TOM PELTON/CBF STAFF
Retired printer Bernie Voith still
bears the scar from a bacterial
infection that he contracted from
swimming in the Severn River,
near Annapolis, Maryland, on
Fourth of July weekend, 2005.
He had scraped his leg against a
plastic chair before entering the
water with his grandson. Twelve
hours later, he woke with a sear-
ing pain in his calf and a high
fever. An ambulance took him to
the hospital, and he spent the
next four months in and out of
treatment for a bacterial blood
infection and a leg wound that
would not heal.
Water-quality data from the Severn
River on the day Voith got sick
showed that the fecal bacteria
count near his beach was 10
times the level that the U.S.
Environmental Protection Agency
(EPA) considers safe for swimming.
Bernie Voith
PHOTO COURTESY BERNIE VOITH
U.S. Geological Survey, recently co-authored
a report that called harmful algal blooms a
“significant and expanding threat to aquatic
life, human health, and regional economies.”
Cryptosporidium: A study by Dr. Thaddeus
Graczyk of the Johns Hopkins Bloomberg
School of Public Health found the protozoan
Cryptosporidium (a pathogen that local health
departments do not test for) at levels that
could cause diarrhea or more serious illness
in 70 percent of weekend samples at a
Baltimore County beach.
Mercury: This heavy metal, released into the
environment by the burning of coal and
from other sources, pollutes waterways,
taints fish, and can potentially damage intel-
ligence. In the Chesapeake region, govern-
ments have issued statewide fish consump-
tion advisories for mercury for all lakes and
rivers in Pennsylvania and Maryland, many
rivers in Virginia, and an advisory for all
rockfish in the Maryland portion of the
Chesapeake Bay. A study by Virginia
Commonwealth University found that 38
percent of survey participants were eating
fish with mercury at doses that exceeded the
warning level set by the federal government.
Nitrates: Polluted runoff not only causes low
oxygen “dead zones” in the Chesapeake Bay,
but also can hurt the health of rural families.
Between 21 and 60 percent of private wells
tested in parts of Pennsylvania’s lower
Susquehanna River Basin in recent surveys
had nitrate levels exceeding public drinking
water standards. Drinking water with too
much nitrate can potentially raise the risk of
cancer, nervous system deformities in
infants, hemorrhaging of the spleen, and
other problems.
To reduce these kinds of risks to human
health, the CBF report calls on the U.S.
Environmental Protection Agency (EPA) to
create a strong and enforceable cap on pollu-
tion entering the Bay. Among other steps,
EPA should also deny permits for sewage
plants, construction projects, and other
sources that would discharge additional
nitrogen and mercury pollution.
Chesapeake citizens like Joe Stover, Bernie
Voith, and you deserve no less.
Read Bad Water 2009: The Impact on
Human Health in the Chesapeake Bay
Region online at cbf.org/badwater.
21
BEST
IN
SHOW
If a picture is worth a thousand words, CBF’s second

annual Members Photo Contest spoke volumes.

Talented photographers across the region submitted

more than 400 entries evoking the beauty and boun-

ty of the Bay, its tributaries, and surrounding lands.

These top prize winners and nine additional images

from the contest will be featured in CBF’s 2010

Member Calendar.

From the top:

Viewers’ Choice Award photo by CBF member Robert Quinn.
A slice of land divides sky and water near Pickering Creek’s Audubon
boathouse, located off the Wye River near Easton, Maryland.

First-place photo by CBF member Robert Quinn.

Beyond the boom of CBF’s historic skipjack, the Stanley Norman, Thomas
Point Lighthouse sparkles on a summer morning near Annapolis, Maryland.

Second-place photo by CBF member Denny Motsko.

A well-worn skiff noses the grasses of the Rappahannock River
in Topping, Virginia.

Third-place photo by CBF member Eugene Huskey.

In Virginia’s Shenandoah National Park, the translucent waters of
Dark Hollow Falls begin their descent to the Bay.

The 2010 CBF

Member Calendar
is available for pur-
chase online. Visit
cbf.org/buycalendar.

22 Fall 2009 cbf.org

●
 Se
Strength in Numbers A
Asquith squith Creek
Creek

ve
rn
Ri
SEVERN RIVER

ve
BRIDGE

r
Scaled-Up Reefs Aid Oyster Comeback Weems Creek
NAVAL ACADEMY
BRIDGE

By Carol Denny Oyster restoration

sites Annapolis
Recent CBF projects Chesapeake
Bay
aryland’s Severn River, famous as the that appears to have achieved the scale need- Severn River

M site of the U.S. Naval Academy and

the historic state capital, is now attracting
ed for success. Three years in a row of strong
spatsets (oyster reproduction) suggest the
watershed
LUCIDITY INFORMATION DESIGN , LLC
0 1 Mile

attention for a different reason: as a focal
point for oyster restoration.
CBF’s, Maryland oyster restoration vessel,
the Patricia Campbell, planted 10 million
oysters on four acres of river bottom in early
August—the most this boat and crew have
ever planted at one time. The project, one of
dozens underway across the Bay by cooper-
ating agencies and organizations, was in
many ways representative of the new direc-
tion of oyster restoration for the Chesapeake.
“Scale is key,” said CBF Senior Fisheries
reefs are contributing to their own sustain- Reefs planted by CBF and other groups are adding
ability, in addition to providing habitat for to the critical mass of oysters in the Severn River.
aquatic life and filtering the river’s waters.
The success to date in the Great Wicomico
echoes earlier work in Virginia’s Lynnhaven
River near the Bay’s mouth, which may
have been the first example of an ecosys-
tem “response” in the form of widespread
oyster reproduction. For several years
beginning in 1997, the Virginia Marine
Resources Commission (VMRC) built
“shellpile” reefs in the river, and CBF and
Lynnhaven Now populated the reefs with

Scientist Bill Goldsborough, “and it’s going
to take the collaboration of multiple part-
ners, state, federal, and private, to scale up
oyster restoration enough to affect the
ecosystem, whether it’s an individual river
or the whole Bay.”
Partners who played a role in restoring the
four-acre reef in the Severn include the
Department of Natural Resources, the
Oyster Recovery Partnership, the Maryland
Watermen’s Association, and the University
of Maryland Center for Environmental
Science. This fall, the Army Corps of Engi-
SIGRUN ORTMANN
oysters grown by local citizens. The first
system-wide spatset in many decades
occurred in the river shortly thereafter.
The Piankatank River is shaping up to be the The Patricia Campbell, CBF’s oyster restoration
next focal area for oyster restoration in vessel, recently planted more than 10 million
Virginia. For three years, CBF and The young oysters in the Severn River.
Nature Conservancy (TNC) have been
rebuilding and planting VMRC sanctuary
reefs in the river with support from the
National Oceanic and Atmospheric Admin-
istration. Now, the Corps is planning to apply
its considerable resources there as well.
TOM ZOLPER/CBF STAFF

neers’ Baltimore District plans to bring in
barge loads of reef material to an adjoining
site and three others nearby, for a total of 30
more acres of reefs.
Stephan Abel, Executive Director of the
Oyster Recovery Partnership, a non-profit
that conducts oyster restoration efforts
across the state, is enthusiastic about the
Severn’s potential. “The Severn is one of the
first rivers to really maximize resources in a
concentrated area,” he says. “The model
being applied here could have a dramatic
impact going forward.”
Meanwhile, in Virginia, the same principles
are being applied. The Corps’ Norfolk
District constructed a network of reefs total-
ing 89 acres in the Great Wicomico River
“We think a similar approach—a collabora-
tive effort to scale up reef-building—will
bring real progress in the Piankatank in the
next few years,” said Mark Bryer, TNC’s
Chesapeake Program Director.
Back on the Severn, divers have seen the eco-
logical benefits that even the small-scale reefs
built over the last dozen years in the river
have created—vibrant underwater habitats
for fish, mussels, and barnacles where none
existed before. The Severn’s underwater
topography—hills and valleys instead of a
flat bottom—has also helped to create
higher, three-dimensional reefs. Scientists
involved in oyster restoration on Virginia’s
Great Wicomico reported that taller reefs,
which keep the oysters higher in the water
column, help oyster growth and survival.
On deck, millions of seed oysters attached to tons
of oyster shell await delivery to the new reef.
“Nature is the best guide. The Bay was once
lined with three-dimensional reefs that were
an integral part of the ecosystem. Recreating
the size and shape and pattern of reefs as
Nature built them over millennia is the chal-
lenge of oyster restoration, and while that
will take many years, it appears we are final-
ly on the right track,” said Goldsborough.
Learn more about oyster restoration at
cbf.org/oysters.

23
 Profile

Pushing to

JACK EGGLESTON, U.S. GEOLOGICAL SURVEY

Cap Pollution
Nancy Stoner
Got Hooked in Her
Own Backyard
As a youngster, Nancy Stoner experienced the effects of pollution on the Shenandoah Valley’s South
By Tom Pelton River. Now she and others are working on a plan to limit overloads of nitrogen and phosphorus.

N ancy Stoner grew up with water in the leadership of EPA to make the Chesapeake

TOM PELTON/CBF STAFF

backyard of her home in Waynesboro, Bay a national model for innovative
Virginia, a small town nestled in the approaches to cleaning up waterways.
Shenandoah Valley. She loved floating down
the South River on an inner tube, trailing a “What’s different about the Bay is the
fishing line behind her. amount of information that we have,”
Stoner said. “We have more detailed, accu-
But she knew she shouldn’t eat the fish that rate monitoring information about the
she caught. They were contaminated with sources of pollution and what needs to be
mercury from a nearby industrial plant. done in the Bay than almost anywhere.” NRDC’s Nancy Stoner

As a child, Stoner thought this kind of pol- Stoner and others are working to create a she’s an ideal person to be working on this
lution was just the way the world was and precedent-setting, enforcable pollution new tactic.
that nobody could do anything about it. limit system for the Chesapeake watershed
After graduating from Yale Law School, that, if successful, could be replicated “She knows the legislative, regulatory, and
however, she started working as an attor- across the nation. Federal and state envi- litigation environment better than any other
ney in water pollution enforcement for the ronmental agencies would set a maximum Clean Water Act attorney in Washington,
U.S. Justice Department, where she learned amount of nitrogen and phosphorus pollu- D.C.,” said Chuck Fox, the EPA Adminis-
the strength of the federal Clean Water Act. tion allowed from jurisdictions. Sewage trator’s top advisor for Chesapeake Bay
treatment plants, livestock feeding opera- restoration. “She has immense respect
“I didn’t know I was going to be in environ- tions, or other businesses would either among decision makers, and her real source
mental work. I was interested in the subject have to make the reductions needed to of power is her knowledge.”
initially as a social cause, as a way of improv-

“
ing people’s lives,” Stoner reflected. “I’m
looking at ways people can have their lives
I’m looking at ways people can have their
lives enhanced through our natural resources.
”
enhanced through our natural resources.”
—NANCY STONER, NRDC
Stoner worked as Director of the Office of
Policy and Planning at the U.S. meet the limit themselves, or pay for pollu- Stoner’s skill may come from her mastery of
Environmental Protection Agency (EPA) tion reduction projects, such as planting law, but her motivation traces back to her
from 1996 to 1999. And over the last trees along streams on farms to filter runoff childhood fondness for fishing—and her
decade, she’s been at the Natural Resources before it contaminates the water. desire to expand employment opportunities
Defense Council (NRDC), where she’s now for people in industries dependent on clean
Co-Director of the advocacy group’s clean This pollution limit concept has already water, such as fishing, recreation, and tourism.
water program. One of her top goals today, been tried on a small scale, but Stoner envi-
working with allies at the Chesapeake Bay sions a broader system that would reward “I think this is a very good opportunity
Foundation (CBF), is to seize the opportu- clean businesses and reduce the overall cost right now, with a very favorable executive
nity of the Obama administration’s new of cleanup. Those who know Stoner say branch, to clean up the Bay,” Stoner said.

24 Fall 2009 cbf.org

●
 FieldScope:
CBF STAFF/ALEXMACLENNAN
Water Data on the Web
by Carol Denny
Students gather data on water quality in the field, then upload it to the FieldScope website to share with scientists and peers.
“H elping students to become critical
thinkers is the ‘Holy Grail’ of public edu-
cation,” says Tom Ackerman, CBF’s Director of
Teacher Education & Student Leadership.
“And helping students understand and take
action to improve water quality is the goal
of CBF’s Education program.”
These two goals have coalesced in a new
project now being piloted by CBF and the
National Geographic Society (NGS). The
initiative, the National Geographic
Chesapeake Bay FieldScope project, com-
bines two contemporary tools—GIS
(Global Information Systems) and the
Internet—to give students a vital, real-time
connection to water in their region.
FieldScope extends the impact of CBF’s
award-winning field education experiences
by making water-quality research the focus
of the project. “The truly innovative part is
that students can measure water quality
right in their own area, then post their
information to the website,” says
Ackerman. “They share it with other stu-
dents and compare it to existing profes-
sional data.”
National Geographic, a long-time partner
and supporter of CBF’s Chesapeake
Classrooms program, approached CBF in
2007 to brainstorm the possibilities of
combining GIS tools and the web to
engage students in learning about their
world. “We immediately recognized the
potential to fill a great need of our school-
system partners,” Ackerman explains. NGS
and CBF reached out to a third founding
partner, National Oceanographic and At-
mospheric Administration (NOAA), and
the FieldScope project (cbf.org/FieldScope)
was launched.
The appeal to educators was clear. “We
need our students engaging in real sci-
ence,” says John Quinn, Coordinator of
Secondary Science for Howard County
Public School System, one of the first
groups invited to join the FieldScope proj-
ect. “The kind of learning that happens
when students apply the scientific process
to real-world environmental problems is
far more powerful than having them per-
form ‘canned’ science projects.”
Using FieldScope, teachers and students
can view real-time data about water quali-
ty around the Chesapeake region by
searching information posted by NOAA, as
well as other student groups. With land
use data added by National Geographic,
students can make inferences and draw
conclusions about the causes of poor water
quality.
“Any student who can use Mapquest or
Google Maps can access the powerful tools
incorporated in FieldScope,” Ackerman
notes, demonstrating on his computer.
With the click of a mouse, he shows how
users can map and measure the flow path
of water from their home to the Bay. With
another click, he creates a map of a specif-
ic watershed. He explains that students can
easily graph their own data against infor-
mation provided by other student groups
or a nearby NOAA buoy.
CBF STAFF
The site’s interactive map has multiple functions.
Meanwhile, users beyond the education
community are recognizing the potential of
FieldScope to expand available informa-
tion on the Bay. The Alliance for the
Chesapeake Bay, for example, has already
uploaded its data.
“We’ve always given students data and
asked them to draw conclusions,” says
Linda Peterson, Middle School Science
Specialist for Fairfax County Public Schools.
“FieldScope gives students real data in real
time that they’re part of creating. They share
that data with a real audience. That’s doing
real science, and we know the best way to
learn science is by doing it.”
The National Geographic Chesapeake Bay
FieldScope project will be available to middle
and high school teachers this fall. For more
information, contact tackerman@cbf.org or visit
cbf.org/FieldScope.
25
 Our Giving Community

A Living Legacy
T his spring, CBF was proud to honor a young
person whose short life seems to have
inspired everyone he touched to love his Bay.
Kennedy M. Fitzgerald, 20, died in a fire in
2007 at the family home near Easton, Mary-
land, along with his sister, Maggie, and girl-
friend, Christine Maier. After the tragedy, the
family requested that donations in Kennedy’s
name be made to CBF. The outpouring of
memorial gifts was used to create a new living
shoreline at the Chesapeake Bay Maritime Mu-
seum that will provide a habitat for wildlife.
Supported by additional funding from the
Chesapeake Bay Trust and the National Fish

MARGARET ENLOE/CBF STAFF

and Wildlife Service, it was constructed by Ken-
nedy’s former employer, Environmental Con-
cern. In April, the shoreline was dedicated to
Kennedy and Maggie, and in June, it came to life
as CBF helped organize a restoration planting
with Fitzgerald friends, family, and volunteers.

For more on Kennedy Fitzgerald’s life and In June, relatives and friends of Kennedy Fitzgerald joined his parents, Peg and Matthew Fitzgerald
photos of the June event, visit cbf.org/fitzgerald. (above center), and CBF President Will Baker (in red) to plant a living shoreline in his honor.

Boat Donation for Hampton Roads

I t used to be known as Tidewater, a favorite
retreat for Virginia families. These days, the
Furthermore, the Hermans recognized that
the Hampton Roads office had limited

ANDREA MORAN/CBF STAFF

area goes by Hampton Roads, and its popu-
lation makes up 10 percent of the Chesa-
peake Bay watershed—about 1.8 million
residents. Businesses, military families, and
those who love the water flock to the region,
not to vacation but to settle down.
Hampton Roads natives Steve and Sally
Herman, who have lived in the Washington
area for the last 40 years, have watched their
hometown grow, returning most summers
to visit. They both have fond childhood
memories of oystering and crabbing on local
waterways. During a boat trip last summer
with friends, the Hermans explored CBF’s
oyster restoration successes on the Lynn-
haven River. “We realized that rebuilding
native oyster stock is critical to helping
return the Bay to its previously pristine con-
dition,” recalled Sally Herman.
resources, as the CBF boat they travelled on
had come from outside the area. They felt
that the Hampton Roads program needed a
suitable vessel of its own to engage the
community in projects to improve the
region’s water quality and to advance CBF
programs.
In November 2008, the Hermans helped
CBF purchase a 21-foot Carolina skiff. Bay
Oyster now travels the Elizabeth, Lynnhaven,
James, Nansemond, York, and other rivers in
a variety of capacities. Staff regularly use Bay
Oyster to plant oysters raised through the
volunteer oyster gardening program, test
water quality, monitor shoreline restora-
tions, and act as a watchdog on the rivers.
Bay Oyster is also available to give interested
media, members, and advocates a chance to
experience these waterways first-hand.
CBF’s Bay Oyster
The vessel could not have come at a better
time. Currently, CBF staff in Hampton
Roads oversees advocacy initiatives, volun-
teer efforts, oyster restoration, and a thriving
education program. Each program benefits
from improved access to waterways, aiding
the fight for clean water.
“Growing up in Norfolk, my parents taught
us to respect the surrounding waterways,”
explains Sally. “My father in particular loved
gathering and eating Lynnhaven oysters.
He’d be thrilled to know we were working
with CBF to bring oysters back.”

26 Fall 2009 cbf.org

●

Making a Difference: Gerry Lenfest
By William C. Baker, President, Chesapeake Bay Foundation
“F ill in the hole,” he told his
architect. Gerry Lenfest
had been working on plans
for his dream house for
months. But looking at the
size of the excavation, he real-
ized just how big the house
would be. He decided on the
spot that he and his wife
Marguerite simply did not
need it. The home they had
lived in for many decades
would serve them just as well
in the years ahead.
So to the architect’s dismay,
the project was shut down.
The breathtaking views, the
rolling hills, the extraordinary
wildlife habitat would remain CBF STAFF
untouched in perpetuity,
thanks to a conservation easement. Nothing
says more in my mind about Gerry Lenfest
than that simple decision, “Fill in the hole.”
For 20 years, Gerry has been a friend, a
donor, a trustee, and a valued advisor to CBF.
While his 2000 endowment gift for environ-
mental education will continue to provide
untold benefits for the Bay, Gerry’s more
recent support and personal investment in
CBF’s litigation work is equally valuable.
In 2004, Gerry was a member of a small CBF
task force charged with investigating the
potential for CBF to use litigation even more
strategically than we had in the past. After six
months of study, the group reported its rec-
ommendation to CBF’s full Board, and a deci-
sion was made to launch a dedicated litiga-
tion project. Gerry put up $1.25 million, one-
half of the cost of the project for five years,
and he challenged others to invest with him.
Today, five years later, CBF has handled more
than 25 cases. We have won significant vic-
tories, including a unanimous decision by
the Virginia Supreme Court that affirmed the
right of citizen groups to challenge environ-
Gerry Lenfest
mental decisions—a decision that led corpo-
rate giant Philip Morris to reduce its pollu-
tion discharge to the James River. We have
successfully argued for the protection of land
surrounding Maryland’s Blackwater National
Wildlife Refuge, halting a developer’s pro-
posal to build on more than 1,000 acres of
forest and farmland. We have successfully
opposed construction of Virginia’s King
William Reservoir, preventing the single
largest permitted loss of wetlands in the mid-
Atlantic region in the history of the Clean
Water Act. We have intervened in a consoli-
dated administrative case in Pennsylvania to
keep stricter limits on sewage treatment
plant discharges. Most recently, we have
brought suit against EPA, demanding that it
enforce the federal Clean Water Act.
None of this would have been possible with-
out Gerry Lenfest. His personal and finan-
cial commitment has yielded enormous div-
idends for our organization and for the
future health of the Bay and its rivers.
Gerry, your decisiveness, leadership, and gen-
erosity have been critical to CBF’s success. We
admire you. We thank you. We salute you.
Our Giving Community
Gerry Lenfest’s support of strategic liti-
gation by CBF has enabled the organiza-
tion to fight for the Bay’s health in court
when other options have failed. Here is
a sampling of more than 25 state and
federal actions undertaken since 2004:
Federal
• EPA: Mercury rule violating the Clean
Air Act
• Blue Plains Wastewater Treatment Plant:
Discharge permit issued without a legally
required compliance schedule
• Sparrows Point: Notice of intent to sue
under Clean Water Act and Resource
Conservation and Recovery Act
• King William Reservoir: Permit to destroy
wetlands and build a reservoir
• EPA: Failure to meet terms of the
Chesapeake 2000 agreement and
enforce Clean Water Act
Maryland
• Blackwater: Growth allocations for
development in Critical Area
• Little Island: Island home built without
required permits and variances
• Wilson: Individual seeks to build private
wastewater treatment plant
Virginia
• Philip Morris USA: Increase to permitted
discharges; water permit
• Onancock: Increase to permitted
discharges; water permit
• Merck: Increase to permitted discharges
• King William Reservoir: Permit to destroy
wetlands and build a reservoir
West Virginia
• Martinsburg: Water permit challenges
Pennsylvania
• Marcellus Shale: Erosion and sediment
control permit challenges
• Other water permit challenges
Learn more at cbf.org/litigation.
27
 Driftwood

Events Around the Watershed

Maryland Virginia
October 13-16: The 20th annual Great Chesapeake Bay Schooner October 17: Composting Workshop, Humphrey Calder Community
Race. More than 50 boats compete on a course from Fells Point, Garden, Richmond, 10AM-Noon. Learn the basics of creating a healthy
Baltimore, to Portsmouth, Virginia. Proceeds benefit CBF’s education compost pile for your organic garden. Reservations: 804/780-1392 or
programs. Register at 757/480-4402 or visit www.schoonerrace.org. jbarton@cbf.org
October 17: Tree Planting, Little Blackwater River, Cambridge, Coming this fall: Blue Planet Forum:
9AM-1PM. Join CBF and Maryland’s Department of Natural Exploring the Bay and Beyond, Nautilus,
Resources for a fall planting near Blackwater National Wildlife Norfolk. CBF’s ongoing environmental lecture
Refuge. Register: 410/543-1999, ext 500 or HOTCinfo@cbf.org. series features leaders, scientists, and policy
makers. For dates and speakers, go to
October 25: South River Greenway Reforestation Project, cbf.org/hamptonroads or call 757/622-1964.
Crownsville, 10AM-2PM. Help plant 1,200 trees to restore the MARCY DAMON/CBF STAFF
headwaters of the South River. Register: 443/482-2156 or
MDrestoration@cbf.org. West Virginia
October 17: Stream Buffer Planing,
November 14: Stream Buffer Planting and In-Stream Opequon Creek, Kearneysville (near Shep-
Restoration, Little Catoctin Creek watershed (Frederick County), herdstown), 9AM-1PM. Help plant 1,000
Myersville, 9AM-1PM. Help plant 700 native trees and shrubs to native trees and shrubs. Register: 443/482-
complete the final phase of a stream restoration project. CBF planting events help the 2156 or MDrestoration@cbf.org.
Register: 443/482-2156 or MDrestoration@cbf.org. Bay by keeping polluted
runoff out of streams. For more information, visit cbf.org/events.

She’s a Winner Volunteer of the Year

In Rockingham County, Virginia, Turner Ashby High School student

PHOTO COURTESY OF ELAINE MITCHELL

Chris Reedy spent nine months raising his calf, “BB,” in a student agri-
cultural program that CBF helps to support. His TLC paid off: At the
Rockingham County Fair in August, BB took first in her class and was also
named Reserve Champion (second place) Commercial Heifer.
Hundreds of fair visitors admired BB and learned how quality animals
can be raised on clean water farms—a focus of CBF’s work in the
Shenandoah Valley. Proceeds from the sale of the calf will
fund another FFA student project next year.

Connect with CBF Online “Amazingly dedicated” is how CBF oyster

Visit cbf.org/social to learn more.
What’s a TMDL?
A TMDL (Total Daily Maximum Load) is a
plan that calculates the maximum amount
of pollutants an impaired body of water
can receive and still meet water quality stan-
dards. It sets a pollution “budget” for a region
LIBBY NORRIS/CBF STAFF
restoration staffers describe Elaine Mitchell,
who has been named CBF’s 2009 Volunteer
of the Year. Elaine coordinates the Maryland
oyster gardening program, which helps hun-
dreds of volunteers adopt and raise baby oys-
ters for future plantings on sanctuary reefs.
“I’m not sure we’d be running a program
without her,” says Stephanie Reynolds, CBF
Oyster Restoration Scientist.
“CBF is always so appreciative of volunteers

with allowances for specific areas, which are then
used to guide pollution-reduction actions on the
ground. Sewage treatment plants, urban and subur-
ban stormwater, and agricultural runoff are some of
the sources regulated by a TMDL.
that it makes it easy to be one,” said Elaine.
“I’m honored to be singled out in this way.”
She was presented with the award at Bay
Fest ceremonies at the Philip Merrill Center
on September 13.

28 Fall 2009 cbf.org

●
 Driftwood
Tunnel Vision

PHOTO COURTESY OF JENNIFER CASSOU

MARCY DAMON / CBF STAFF

Go Native
If your landscaping is ready for an
update, think outside the boxwood: Use
true native plants. You’ll be adding to the
natural diversity of your area and preserv-
ing the genetic heritage of local species.
Local wildlife will benefit, too—many of
our birds and insects (the zebra swallow-
tail butterfly, for example) require native
plant communities to survive.

For a low-lying wet area in your yard,

choose species that like “wet feet,” such
as sweet bay magnolia, sweet pepper
bush, and New York ironweed. If you
have a sunny hot location, try loblolly
pines, bayberries, switch grass, and
native goldenrods.
More and more nurseries are beginning to
carry native species, and others specialize
Thanks to a gift from two anonymous
donors, the Chesapeake Bay-Bridge Tunnel
(CBBT) has a new pair of Save the Bay signs.
Located near the gift shop and fishing pier
on the CBBT’s southernmost island and at
the scenic overlook on the Eastern Shore
side, the signs welcome visitors to the mouth
of the Bay, explain the watershed and its
problems, and encourage millions of trav-
elers to learn more about CBF. A cut-out in
the crab at the bottom of one of the signs
provides a fun photo op. CBF Art Director
Jennifer Cassou, who designed the signs,
demonstrates the possibilities.

JILL BEVIER/CBF STAFF

in propagating regional native varieties.

Consult cbf.org/landscaping for a compre-

hensive list of local sources for native plants,
as well as a wealth of information on Bay-
friendly lawn and garden ideas.

Interns to Bay, Stat!

This summer, CBF welcomed 25 student interns to the Philip Merrill Environmental Center for
internships in the Administration, Communications, Education, Environmental Protection and
Restoration, and Litigation departments. Back Row: Lauren Gleason, Annie McCarthy, Bryan
Hills, Buck Denton, Andrew Bliss, Steve Matzura, Mary Howard, Julia Sooy, Christine Wysocki.
Front Row: Alex Crooks, Hannah Debelius, Katie Thompson, Erin Leon, Megan Mueller. Not
DEADLINE: pictured: Gabrielle Collins, Caileigh Feldman, Jessica White, James (Jimmy) Beaver, Lauren
October 30, 2009 Crocker, Kelsey Brunton, Katie Branch, Kris McKinnon, Sydney Catoire, Galen Canham, and
Adam Coleman. Students interested in applying for 2010 internships can call 410/268-
8816 or e-mail cbf_employment@cbf.org.

29

A Chorus of Faith and Hope
Baskets of crabs surround the women of the Smith Island Crabmeat Co-Op, who share songs, laughter, and prayer as they work.
By Tom Pelton
I woke up in the Chesapeake Bay island
village of Tylerton one morning this summer
and heard nothing but the rustling of marsh
grass outside my bedroom window.
The quietness of the town on Smith Island is
what overwhelms first-time visitors.
“
There are no cars, no real streets, no
police sirens, no fast-food joints—no
chain businesses of any kind in this
more than three-hundred-year-old
fishing community. There is only one
general store, one church, a post
office the size of a garden shed, a dozen
crabbing boats, and 36 houses, all surround-
ed by expanses of wetlands and water.
Step off the docks and into a low-slung
building and the silence ends. Six women
sit at a steel table in the Smith Island
Crabmeat Co-Op, singing hymns as they
pick the meat from blue crabs caught by
their husbands and sons. “’Mid the crash of
the thunder, precious Lord, hear my cry.
Keep me safe, till the storm passes by.”
Bushels of steamed blues surround them.
Knives dance in their hands. The splitting
and cracking of shells provides a syncopat-
ed beat for their songs.
The sound of their chorus is timeless. It is
tempting to imagine pickers on this island
30 Fall 2009 cbf.org
●
After restrictions on the crab harvest last year, a survey showed the crab population had risen 43 percent.
singing this hymn since the English landed
here in 1638. But the tradition of women
coming together every evening at 5 p.m. to
pick and sing started only 14 years ago, in
response to—of all things—a government
sting operation.
Some might see Tylerton
as dying, but the singers
see hope all around them.
Tylerton women had been picking crabs
alone in their homes for generations. Then
in 1992, Maryland health officials decided
” pared to last, according to an annual
to crack down and seize their crab meat at
the docks because each picker didn’t have
an individual business license.
That bureaucratic storm could have sunk
them. But the women banded together and
fought back. With state and federal assis-
tance, they built their own crab processing
facility—fully licensed and inspected—and
made it into a successful business. They
sell tubs of crab meat with their Co-Op
logo to markets on the mainland. And their
singing and picking also provide a daily rit-
ual of friendship for them—a comedy club,
informal marriage counseling, and a prayer
session that reinforces their rock-like faith
that the Chesapeake Bay will sustain them.
TOM PELTON/CBF STAFF
Some might see Tylerton as dying. The
town’s population of full-time residents has
declined from 157 in 1980 to 58 today, and
rising sea levels are slowly nibbling away at
the island.
Despite all this, the singers see hope
all around them. After years of
decline, the population of blue crabs
in the Chesapeake Bay rose by an
estimated 43 percent this year com-
winter dredge survey. State biologists
say the resurgence of crabs has been fueled
by new limits on harvesting females. The
singers don’t see things that way. They see in
the fertility of the crabs a higher power look-
ing out for the survival of their tiny island
and their way of life.
They sing, above the clatter of knives, that
they will hold on: “Till the storm passes
over, till the thunder sounds no more…
Hold me fast, let me stand, in the hollow
of thy hand. Keep me safe, till the storm
passes by.”
To listen to songs from the Smith
Island Crabmeat Co-Op, visit Tom
Pelton’s blog at cbf.org/crabchorus.
Tom Pelton is Senior Writer for the
Chesapeake Bay Foundation.
 JEREMY GLOVER
Join The Biggest Fight
For Clean Water This
Nation Has Ever Seen!

Clean water is not a privilege,

but a right worth fighting for.
Our treasured resource, the Chesapeake Bay and its
rivers and streams, can be restored to health. Its waters
can once again be fishable, swimmable, and teeming with
life. It can be done in our lifetime, but not unless the
U.S. Environmental Protection Agency (EPA) follows
through on its promise to step into a greater leadership
position. In addition, Congress must increase and codify
EPA’s authorities.

Your generous gift will enable CBF to lobby and litigate,

educate and communicate, and vigorously restore fisheries
and critical habitat throughout the Bay and its rivers and
streams.

Please mail your special contribution

today using the enclosed envelope, or
donate online at cbf.org/give2009.
 Non-Profit
Organization
U.S. Postage
PAID
Chesapeake Bay Foundation Southern, MD
Philip Merrill Environmental Center Permit No. 305
6 Herndon Avenue, Annapolis, MD 21403
410/268-8816

On the cover: The waters of Virginia’s Thornton River rush through an autumn forest in the Blue Ridge Mountains on their way to the Bay.
Photo by Bill Portlock

A Saved Bay is
Worth the Fight

We won’t stop until the job is done.