Attachment 1: Analysis of Current Conditions and Projected Development in

Clarksburg Stage 4

Table of Contents

A. Master Plan Recommendations

B. Water Quality Considerations
C. Potential Buildout
D. Imperviousness Estimates
E. Potential Additional Water Quality Measures and Voluntary Actions
F. Infrastructure and Stage 4 Water/Sewer Category Issues

A. MASTER PLAN RECOMMENDATIONS

The Ten Mile Creek watershed includes part of the Town Center District and all of the Ten Mile
Creek Area in the 1994 Clarksburg Master Plan.

The plan envisioned the Town Center District as a strong central focus for the entire master plan area,
while also recognizing that a portion of the district was in the headwaters of Ten Mile Creek. The plan
included reduced densities relative to the other parts of the Town Center District for parcels closest to
the headwaters of Ten Mile Creek. Even with the density reduction, the MXPD and PD-4 zoning can
produce relatively high levels of imperviousness and most of the Ten Mile Creek area was placed in the
last implementation stage to allow evaluation of protection measures and consideration of additional
water quality measures and land use actions.

West of I-270, the master plan provisions for the Ten Mile Creek Area recommended a balance of
environmental concerns, housing needs and employment uses in the high-technology employment
corridor. The provisions included:
employment sites with development criteria to help address environmental concerns
low density residential use for land west of MD 121
low density residential (2-4 units per acre) between the mainstem of the creek and Shiloh
Church Road with a substantial area of private conservation area and parkland, and
the remaining area in the watershed in rural residential (1 unit per 5 acres) and agricultural
reserve.

The R&D land in the Ten Mile Creek Area is limited to 15% imperviousness and with uses tightly
clustered close to I-270. The residential area west of MD 121 is approximately 600 acres and is limited
to a maximum of 900 units, with any units beyond the base density requiring the purchase of TDRs.
The plan specifies that at least 70% must be single family dwellings with the open space and
conservation areas being undeveloped and forested.

Detailed summaries of the master plan provisions for both the Town Center District and Ten Mile
Creek Area are included in Attachment A.

1
Staging Plan

The 1994 Clarksburg Master Plan addresses considerations of environmentally sensitive areas and
water quality, and in response outlines provisions for staged implementation of development. The Plan
defines four major implementation areas. Development in Clarksburg is currently in Stage 3. Stage 3
includes areas east of I-270 and the Cabin Branch area west of I-270 and southeast of Clarksburg Road.
Stage 4 includes the environmentally sensitive Ten Mile Creek Area on both sides of I-270, and is
designated as Ten Mile Creek East. The Stage 4 triggers have been met (except sewer funding which

2
will be provided by the developers), but Council action is necessary to allow development to go
forward.

Many sections of the master plan relate to the Ten Mile Creek implementation area and the following
list highlights the most important planning considerations for the Ten Mile Creek East area (see Staging
Principles, p. 187 -192 of the 1994 Clarksburg Master Plan). The staging principles state that:

Sewage treatment and conveyance capacity will limit new development in Clarksburg
No new development should proceed until wastewater solutions are programmed
Land development should be coordinated with capital improvement, such as sewerage and
transportation
Timing and sequence of development should reinforce the plan’s community design and
identity goals
Staging should respond to the (near term) demand for single family housing and (long term
demand) for employment
Timing and sequence of development should respond to the unique environmental qualities
of the area and help mitigate, in particular, development impacts in the Ten Mile Creek
watershed
DEP to conduct the necessary baseline stream monitoring and test the effectiveness of Best
Managements Practices (BMP’s)
Delaying development in the Ten Mile Creek Watershed will provide property owners the
opportunity to pursue voluntary measures to protect water quality.

The staging plan was crafted by the County Council to hold development in the Ten Mile Creek
watershed until they could be assured that such development could adequately protect the special
qualities of Ten Mile Creek. The following summary was drawn from the staging plan, with checks
indicating those triggers that have been completed.

Stage 4 Implementation (MP pages, 197 -205)

Status Implementation Triggers

 Pass enabling legislation for development districts, or infrastructure financing

 Establish a new Water Quality Review Process

* Allocate CIP funding for wastewater facilities for all approved development in
Germantown and Stage 4 areas of Clarksburg
 Conduct baseline monitoring of ecosystems of Little Seneca and Ten Mile Creek
watersheds for minimum of 3 years
 A minimum of 2,000 housing building permits have been issued for Town Center and
Newcut Road areas
 Release the first annual report on water quality for Town Center and Newcut Road areas

*This trigger has not been met, because developer-funded infrastructure is not put in the CIP
until a feasibility study has been completed by the developer.

Implementation Mechanisms (requirements for development in Stage 4 to proceed)

When all above triggers must be met, then County Council considers whether to proceed
with water and sewer plan amendments to permit development in Ten Mile Creek,
Ongoing water quality and BMP monitoring by DEP,
Individual properties are subject to AGP and APFO approvals,

3
 Infrastructure facilities are provided in accord with APFO, and added local determinations
by Council are implemented.

For required water and sewer category changes Council will:

Review demands on the CIP program for necessary infrastructure,
Evaluate the water quality results associated with the Newcut Road and Town Center
development, and other similar developments,
“Council will draw upon standards established by federal, state, and local laws and
regulations and determine if the methods, facilities, and practices being utilized are
sufficient to protect Ten Mile Creek.”
Assess voluntary measures taken by property owners in the Ten Mile Creek watershed to
protect water quality.

Council Options in Considering Stage 4

1. Grant water and sewer changes without placing limiting conditions.

2. Grant water and sewer changes, subject to property owners’ commitments to take additional
water quality measures.

3. Defer action on water and sewer category changes pending further study or actions.

4. Consider such other land use actions as are deemed necessary.

B. WATER QUALITY CONSIDERATIONS

With the January 2009 County release of the ―Special Protection Area Program and Annual Report for
2007,‖ countywide attention has been given to the Clarksburg Ten Mile Creek Special Protection Area.
The report documents a deterioration of water quality in the Clarksburg Special Protection Area and
also presents initial recommendations for methods that could be considered to address the 2007 SPA
findings.

The monitoring data supports the designation of Ten Mile Creek as an ―extremely environmentally
sensitive area of county-wide significance‖ in the Clarksburg Master Plan. Base-flows continue to be
low in the summer months and the creek is susceptible to low flows from lack of rain. However, even in
the driest years, tributaries have continued to flow and provide cool clean water as a refuge for the fish
and aquatic insects.

There are few watersheds that can compare to the Ten Mile Creek watershed’s rich and diverse
ecosystem within Montgomery County. These watersheds are primarily in the far north and west of the
County and include Little Bennett Creek, Bennett Creek and the Upper Patuxent River.
Ten Mile Creek’s tributaries continue to provide cool clean water to the stream system. These
tributaries begin at springs such as the King Spring, Hancock Spring, and an unnamed spring along
Frederick Road on the MXPD-zoned property. These springs have provided cool clean water for a long
time as evidenced by the use of native rock by early settlers to protect the spring head. Trout and other
sensitive aquatic species rely on this source of cool, clean water. In 2007, fisheries biologists discovered
three adult brown trout some distance above the West Old Baltimore Road ford. Two adult brown trout
were found again in 2008 above the West Old Baltimore Road ford.

4
The Ten Mile Creek floodplain contains mature forest and healthy wetland areas. Beaver have
developed a series of dams in the upper reaches that provide areas of deep, cool water as refuge for fish,
amphibians and reptiles during the drier summer months. In the winter, this same habitat provides for
wintering waterfowl and area wildlife. This series of beaver dams with flowing stream segments in
between provides an example of how our streams looked before the area was first settled.

The benthic macroinvertebrate community contains sensitive species with very specialized habitat
needs that indicate extremely healthy water quality conditions. Some of the species are found in few
other watersheds within Montgomery County. The Ten Mile Creek and associated tributaries have large
areas of forested and herbaceous wetlands, vernal pools, and seeps that provide high quality amphibian
and reptile habitat. The streams provide habitat for amphibian species that require stable stream habitat
to survive.

The watershed contains many areas of upland and riparian interior forest habitat. Bird surveys in 2009
observed or heard 12 migratory nesting forest interior bird species in the Stage 4 forest interior areas of
Ten Mile Creek.

In addition to the sensitivity of the stream system itself, it is important to note that it forms a significant
portion (about 25%) of the watershed that drains to Seneca Lake, an emergency water supply reservoir.
While the reservoir is currently used to supplement flow in the Potomac River in times of drought, the
quality of the water is important for this use as well as to Seneca Creek, which flows from the lake.

The stream conditions in the far eastern headwater area of Ten Mile Creek (near the Correctional Center
and I-270) declined from good to fair since 1998. New development in this area since that time includes
parts of new residential areas east of 355 in Stage 3 as well as portions of the entrance and perimeter
roads for the County Correctional Center. Runoff from the most of the Correctional Center is diverted
from this tributary to an adjacent one. Even this small amount of new development has had a noticeable
adverse effect on Ten Mile Creek. This, in addition to other contributing factors, has had a noticeable
and cumulative adverse effect on the eastern headwater of Ten Mile Creek. The watershed remains a
very fragile system dependent on the contribution of cool, clean water from its tributaries to maintain
healthy stream conditions.

Montgomery County Department of Environmental Protection (DEP) staff has recently collected data to
estimate the environmental buffers for the Stage 4 area. While definitive buffers can only be
established when a Natural Resources Inventory/Forest Stand Delineation is submitted by the property
owner for each property, it is clear that there are more potential environmental constraints than are
shown in the master plan. In particular, the developable area in the Stage 4 headwaters areas will
probably be reduced.

Impacts of Stages 1, 2 and 3 on Stream Conditions

In Little Seneca Creek which drains most of Clarksburg east of I-270 and south of Clarksburg Road
(121), the stream conditions were predominantly good to excellent before development occurred.
Currently, stream conditions have dropped into the fair category primarily in the Clarksburg Town
Center and Newcut Road development areas (see maps on the following page). Detrimental impacts to
the biological health of the streams in Clarksburg have been observed due to:
the unexpected downturn in the construction economy and its consequences on the landscape
(rapid start of construction followed by delays, leaving large areas of land with sediment and
erosion control only),
the fact that most BMPs have not been converted from sediment and erosion control (S&EC) to
stormwater management (SWM),
the amount of land disturbance and hydrologic modification,
the increases of imperviousness associated with the development, and
5
 impacts associated with the installation of utility lines to service this area.

The current land use development process permanently changes the character of the landscape. These
changes are cumulative and influence the receiving streams in ways that require an understanding of
processes that go beyond BMP effectiveness. The overall topography, natural drainage patterns, and
natural infiltration are altered due to the cut and fill requirements necessary to meet the density
requirements of these neighborhoods and the diversion of most of the surface runoff into stormwater
inlets and drains. These changes to the landscape alter hydrology and can permanently affect water
quality.

Thus far, SPA monitoring results show that BMPs are performing as expected. However, the efficiency
of the BMPs is not correlating to the monitored results of the biological health of the stream
downstream of the BMPs. As imperviousness increases in the watershed, the streams health declines
drastically. There is insufficient data at this point in the development process to evaluate if the
watershed will recover from the negative effects documented during construction. However,
dependence on structural solutions alone to maintain healthy stream systems has not worked to date.
Stream conditions in SPA watersheds with lower imperviousness have changed less than those with
higher imperviousness. The streams in lower density watersheds are expected to have a fuller recovery
because the biological community, water quality conditions and habitat are still intact. Springs and
seeps, necessary to maintain base flows in headwater streams, may not be adequately protected by the
current wetland buffers.

6
Source: Special Protection Area Annual Report 2007.

Current Status of Sewer and Water Service

Town Center: Properties in the Town Center outside of Stage 4 are all approved for public sewer
service as part of the general category map amendments approved for Development Stages 2 and 3.
This area is served by gravity extensions from the Little Seneca Trunk Sewer. Some nearby projects in
the Town Center District—primarily those across Clarksburg Rd. in Little Bennett Creek—use grinder
pressure systems to pump over into the town center gravity mains. Properties in the Ten Mile Creek
watershed in Stage 3—including those in the Historic District and the proposed fire station site—
generally have conditional approval for sewer service, as established under the general category map
amendment for Stage 3. Final approval depends on confirmation that WSSC can provide sewer service
using only CIP-approved capital projects. The Egan’s BBQ site has sewer service approval, but has not
yet connected to the public sewer system, according to WSSC. The County approved public sewer
service restricted to the existing picnic/catering operation.

7
 Historic
District: Only a
few properties
currently
receive sewer
service, some
adjacent to the
Town Center
and a few west
of Route 355.
As noted
above, many
Historic
District
properties and
some
properties
along 355 have
conditional
approval for
public sewer
service.

Ten Mile
Creek: The
bulk of Stage 4
areas in this
watershed is in
categories W-6
and S-6 (no
planned
service),
pending
resolution of
the staging
action by
County
Council.
Depending on those decisions, any category changes needed for this area would be addressed under a
general category map amendment initiated by DEP. Two sites in Ten Mile Creek Stage 4 have received
restricted sewer service approval: The County Correctional Center and Egan’s BBQ (see above). The
County Correctional Center is served by a dedicated line and pumping station that cannot serve other
development.

C. POTENTIAL BUILDOUT OF MASTER PLAN STAGE 4 AREAS

Remaining Development in the Town Center District

The 1994 Master Plan (page 40) includes an end state development level of 2,600 units and 770,000
square feet of employment for the 635-acre Town Center subarea. The Town Center subarea includes
implementation segments of Stage 2 and 3 areas in the northeast portions. The Compliance Plan for the
8
Town Center is located in the eastern portion and was approved in December 2008. The east Town
Center area currently includes significant development with 1,213 residential units and 194,720 square
feet of retail space approved to date.

Using the guidance provided by the master plan and deducting development approved to date for the
Town Center subarea, the remaining development potential is approximately 1,387 residential units and
575,280 square feet of employment area.
Planning Subarea Acres Residential Dwelling Units Employment and Retail
(Approx.) (square feet)
Town Center District 635 2,600 770,000
Master Plan, Page 40
Development Approved
As of May 2009 1,213 194,720
Allowable End State 1,387 575,280
Development Potential
Remaining

Potential Buildout of the MXPD and PD-4 Headwaters Area

Approximately 370 acres of the Ten Mile Creek watershed is east of I-270 in the Town Center analysis
subarea. Planning staff prepared a preliminary study of potential density for the Stage 4 portion, which
consists of approximately 223 acres. Refined studies will be necessary to verify the feasibility of these
projections.

The most significant finding is that the zoning envelope for the R&D designated land within the MXPD
area, with an allowed .75 FAR can potentially accommodate much more development than the
available remaining Town Center employment balance. Use of all of this remaining balance within
the headwaters areas would preclude future allocations elsewhere in the Town Center District.
o The entire 575,280 square feet employment and retail area Town Center remaining
balance could be accommodated within the two MXPD, R&D designated zoned areas.
o The initial study projects that over half of the available Town Center residential balance of
1,387 units could potentially be accommodated within the PD-4 and MXPD headwaters areas.
o A potential residential density of 743 units could be realized using the study scenario. For
the entire Town Center Analysis area 2,600 residential units are allowed by the Master
Plan. The potential residential balance could be allocated as future Town Center area infill
and possibly to the remaining parcels adjacent to the Town Center Corridor Cities Transit
(CCT) station.
o The master plan projects 470,000 square feet of employment and up to 300,000 square feet of
retail within the Town Center allocation of 770,000 square feet. With 194,720 square feet of
retail approved, the balance remaining is 105,280 square feet of retail.

Current studies of the CCT by the Maryland Transit Administration project a Town Center Station to
occur after 2025.

As set forth in the master plan, the level of development in these areas must result from a very careful
balance between environmental constraints and the potential allowable development density. The actual
development level for the PD-4 and MXPD areas must be determined through further refined studies. A
wide range of factors will influence planning and will limit the ultimate development density:
development programs, preliminary planning and engineering input, and additional
considerations from landowners
land assembly needed for some of the parcels to develop
the potential level of imperviousness resulting from certain land uses and densities
9
 Clarksburg Stage 4 Master Plan Guidance

roadway access considerations including the timing of roadway and transit infrastructure
the application of the new refined environmental constraints criteria during future planning and
development review
the appropriate relatively low density of the PD-4 zone, and the significant density allowed
under the MXPD zone
parking facility needs together with open space requirements

10
 master plan height provisions of 4 floors or less in areas except those within walking distance
of the Town Center transit station
the upper limits of the PD density ranges (only achieved through maximum use of the MPDU
provisions)
the southernmost R&D parcel located outside the designated 6 to 8 floor height allowance for
areas within transit walking distances
very constrained developable areas for the southernmost MXPD, R&D and PD 7-9 parcels

Preliminary Development Concept Study for Stage 4 MXPD and PD-4 Headwaters Areas
Planning Subarea Acres (Approx.) Residential Dwelling Employment and
Units Retail (sq. ft.)
Town Center District Total 635 2,600 770,000
Master Plan, Page 40

Development Approved
As of May 2009 1,213 194,720
Allowable End State Development 1,387 575,280
Potential Remaining

Concept Study for Potential Buildout in Headwaters Areas

MXPD Area 101 314 575,280
(Excludes areas adjacent to TC
CCT Station)
PD-4 Area 122 429 ---
Density Allocations with Concept 743 575,280
Study
Impact Summary – Remaining Development if Concept Study is realized for Headwaters Areas
644 Units remaining as future 223 644 Units No Employment area
allowable development remaining remaining

R&D Parcels in the MXPD Area

could allow over 1,000,000 sq. ft.
of employment

Ten Mile Creek Area (West of I-270)

The entire Ten Mile Creek Area (approx. 3,588 acres) includes, within its eastern segment, the
remainder of properties in the Stage 4 implementation area. For the entire Ten Mile Creek area the 1994
master plan projects an end state development potential of 1,240 residential units and 960,000 square
feet of employment and retail. Within this eastern Stage 4 subarea the master plan includes:
approximately 600 acres of the RE-1/TDR-2 zoned properties
approximately 116 acres of I-3 zoned land
approximately 23 acres of Rural zoned land, north of the I-3 areas (within County Owned
Site 30)

11
Development Potential for the Ten Mile Creek Area, Including Stage 4 (West of I-270)

The development potential for the Ten Mile Creek watershed can be summarized using guidance from
the 1994 Clarksburg Master Plan, Attachment A. The master plan guidance for the three separately
zoned land segments and property areas -
RE-1/TDR-2 zoned properties - approximately 600 acres has a master plan designated
limit of 900 units total and assigning this density to 593 acres (as shown in MP Table
3, page 101) the resulting calculations are -
o 593 units as a base density
o 113 minimum MPDU’s
o 194 TDRs (maximum)
o 900 units total

I-3 zoned area (part of CLV property and Site 30, approximately 116 acres)
o 400, 000 square feet of employment area on the I-3, 59 acre east portion of the
CLV Site (currently proposed for the North County Maintenance Depot to park
250 buses and accommodates associated offices and facilities)
o 400, 000 square feet of total employment area on the I-3, 57 acre east portion of
Site 30, (occupied now by the County Correctional Facility)

Rural and RDT zoned land-up to 125 units on approximately 1380 acres outside of
Stage 4 in the Ten Mile Creek watershed.

D. IMPERVIOUSNESS PROJECTIONS

Imperviousness, or the percentage of the watershed or drainage area that is covered in paving or
buildings, has been shown to be highly correlated with sensitivity and number of aquatic invertebrates
that indicate the overall health of a particular stream. The 2007 SPA Annual Report (pages 1-9 through
1-14, attached as Attachment B) summarized key findings of research on the effect of impervious
surfaces:
stream segments with less than 10% impervious coverage in their contributing drainage
area are generally able to retain their good to excellent ratings
stream segments with 10% - 25% impervious coverage show clear signs of declining
stream health with most falling in the fair range
stream segments that range between 25% - 60% impervious coverage can no longer support
a healthy stream and cannot attain pre-development conditions even with restoration
efforts.

In addition, studies of Montgomery County streams indicate that degradation can occur at even lower
levels (8-10%).

The Planning Department has been using estimates of imperviousness to estimate the potential effects
of zoning and land use scenarios in master plans since the early 1990’s.

12
 Imperviousness
projections were
made as part of the
1994 plan. That
work assumed a
voluntary
imperviousness
cap of 15% on the
RE1/TDR2 areas
and research at that
time showed good
water quality could
still be achieved
with up to 15%
imperviousness.
We can no longer
assume voluntary
limitations on
imperviousness
and monitoring
shows degradation
is already
occurring in Ten
Mile Creek.

Planning staff
prepared new
estimates for
imperviousness by determining the imperviousness of existing and permitted development, and adding
the typical imperviousness (or actual, if known) for land development and transportation improvements
associated with a particular set of assumptions. These estimates are subject to further refinement.
Planning Department staff made projections based on four sets of assumptions for purposes of
comparison between the existing master plan and other potential approaches for the drainage areas
shown below.

The following table shows the estimates for the individual drainage areas in Ten Mile Creek under
various imperviousness assumptions. Yellow shaded drainage areas indicate projections above 8%
impervious surface. The modeling assumptions include:
1994 Plan assumes buildout of the densities using standard impervious factors for each zone,
with all TDRs used for the RE-1/TDR properties
15% cap assumes that all properties are held to 15% imperviousness
25% limit in Headwaters and RNC assumes a 25% cap for MXPD and PD-4 with RNC zoning
replacing the RE-1/TDR zoning
25% limit in Headwaters retains the RE-1/TDR zoning.

13
 Imperviousness Assumptions
25% Limit
in 25% Limit
1994 15% Headwaters in
Property Acres Plan Cap + RNC Headwaters
MXPD 171 35 15 25 25
PD-4 121 35 15 25 25
Site 30 295 15 15 15 15
NCMD Proposal 129 15 15 15 15
RE-1/TDR2 (not
including part of
NCMD) 563 26 15 9 26
Rural 451 6 6 6 6
Proposed
Transportation
Improvements 15

Projected Imperviousness Estimates

25% Limit
Current in 25% Limit
Stream Impervious 1994 15% Headwaters in
Drainage Area Acres Quality ness Plan Cap + RNC Headwaters
LSTM201 540.6 Good 2.6% 11.0% 8.9% 8.4% 8.4%
LSTM206 386.7 Fair 12.6% 22.1% 16.6% 19.3% 19.3%
LSTM106 67.8 Good 7.6% 11.7% 11.7% 11.7% 11.7%
LSTM202 242.5 Good 1.4% 14.7% 12.6% 11.5% 14.7%
LSTM110 212.9 Good 1.0% 26.3% 15.5% 9.7% 25.6%
LSTM103 487.7 Good 2.0% 2.2% 2.2% 2.2% 2.2%
LSTM302 78.3 Good 0.1% 3.5% 2.6% 2.1% 3.5%
LSTM204 560.7 Good 2.2% 2.6% 2.6% 2.6% 2.6%
LSTM303A 209.8 Good 0.5% 16.5% 9.7% 5.6% 16.5%
LSTM303B 16.0 Fair 1.7% 4.7% 4.7% 4.7% 4.7%
LSTM304 27.4 Good 1.2% 3.1% 3.1% 3.1% 3.1%
LSTM112 228.5 1.0% 12.1% 7.0% 4.2% 12.1%
Total TMC
Imperviousness 3059 3.3% 11% 8.1% 7.4% 10.1%

The staff analysis of potential density indicates that, for the headwaters area -
the potential for impervious surfaces can be expected in the range of 20% at a minimum,
and up to 50% or higher for the larger of the two MXPD, R&D properties
the resulting net developable areas will have higher effective percentages of
imperviousness (the impervious percentage of the land outside of environmental buffers)
with a range of approximately 25% and up to approximately 70% or higher for the
MXPD, PD 7-9 area (two parcels) nearest the Town Center transit station.

14
Staff believes that the imperviousness that would likely result from the land use and zoning
recommendations of the 1994 master plan pose a threat to the health of Ten Mile Creek, even
with improvements in stormwater management techniques that will be required. The sensitivity of this
stream and the high imperviousness predicted will result in severe degradation in many of the
tributaries, and raise the overall imperviousness above 10% in the watershed. Buildout of the master
plan densities would put enormous pressure on the headwaters and affect the whole length of the
stream. Given experience to date in Ten Mile Creek, even small changes have resulted in degradation.
Local information and national studies indicate that even the lower imperviousness that might result
from limiting imperviousness to 15 or 25 % in selected areas may yet endanger many of the tributaries.

E. POTENTIAL ADDITIONAL WATER QUALITY MEASURES AND VOLUNTARY

ACTIONS

At a minimum, stormwater management requirements for Ten Mile Creek will be in accordance with
the Stormwater Management Act of 2007, which are based on Montgomery County’s existing
requirements and experiences. The County is in the process of adoption and refinement of stormwater
management requirements to meet the state standards to require a comprehensive standard or strategy
for maintaining predevelopment runoff characteristics and protecting natural resources. The strategy
has been termed ―Environmental Site Design‖ or ESD.

ESD relies on the integration of site design, natural hydrology, and smaller controls to capture and treat
runoff. Some of the components include optimizing the conservation of natural features; minimizing
impervious surfaces; slowing down runoff; increasing infiltration and evapotranspiration; a greater use
of smaller stormwater management structures and non structural control methods; and, constant
improvements to innovative technologies. Recent modifications to the County’s Road Code to require
more vegetative stormwater management practices within the public right of way fall in line with ESD.
The more traditional approaches for stormwater management may still be needed at times. However,
ESD and its associated components are to be use ―to the maximum extent practicable.‖

Many ESD components, especially small biofilters and recharge areas, are planned and have been used
in much of the Clarksburg Special Protection Area already. This is especially true for development
projects that have been approved since 2000. However, an even more comprehensive approach will be
needed for the Ten Mile Creek area. As stated before, some traditional stormwater management
structures will be needed, especially for areas where large amounts of impervious surface are planned.
By using ESD, the use of these types of structures should be reduced significantly. The goal is still to
maintain or enhance the runoff characteristics of Ten Mile Creek and its tributaries.

The 2007 SPA Report recommends the following improvement to the process for stormwater
management:
Environmental site design should have a high priority in development projects, so that the
minimization and mitigation of runoff impacts is integrated into the overall design, rather than
added at the end
Monitoring for Best Management Practices would be more consistent if developers were given
the option to have DEP do the monitoring for a fee
Sediment and erosion controls should be upgraded and converted more quickly to stormwater
management
A grading ordinance should be adopted to limit the area of mass grading during construction.

Even with the best development controls on sediment and stormwater, no facilities (even with
maximum ESD) will offset fully the effects of imperviousness. The most successful protection
strategies rely on a combination of limiting imperviousness, protecting existing forest (particularly in
stream buffers) ESD techniques and redundant stormwater management features.

15
Planning Department, DEP and DPS staff representatives met with the majority of the property owners
in Stage 4 to assess voluntary measures they might undertake. They are willing to work with staff to
consider environmental protection first before preparing a development plan, to stage construction of
their development, to incorporate Environmentally Sensitive Design and Best Management Practices,
and to consider any other mitigation measures suggested. They have prepared only the very beginnings
of conceptual plans for stormwater management, and have no proposed development layouts. They are
opposed to limits on impervious surface, and if such limits are considered or imposed, they want to
have pervious paving materials counted as partially pervious in that calculation.

F. INFRASTRUCTURE AND STAGE 4 WATER/SEWER CATEGORY ISSUES

As currently envisioned in the 1994 master plan, implementation of the development densities proposed
for the Stage 4 area will require public water and sewer service. The majority of properties included in
Stage 4 are currently designated as categories W-6 and S-6. The provision of public service in Stage 4
will require the approval of category changes through the County’s Water and Sewer Plan. The master
plan also envisioned that this recommendation process would proceed to the Council as part of a
proposed comprehensive category change amendment for Stage 4 and nearby properties. In the process
of preparing the recommendations included in this report, the contributing agencies agreed that
preparing a comprehensive Stage 4 category change proposal would be premature; and that the County
should address the master plan’s procedural options for Stage 4 without the pressure of a pending
category change amendment.

With the exception of the County Correctional Facility, there are no receiving sewers in the Stage 4
area, so sewer service within the basin will a require completely new system with pumping systems to
move the flow to the Little Seneca basin. The Correctional Facility already pumps over to Gateway
Center Drive. In preliminary discussions with developers of the MXPD-zoned properties, WSSC has
agreed in concept with a proposal that would use two WSSC pumping stations to serve Stage 4. One
station, possibly located near the proposed North County Maintenance Depot (CLV) site, would serve
the ―upper‖ Stage 4 sites. The second station, located to the south closer to West Old Baltimore Rd.,
would serve ―lower‖ Stage 4. This concept avoids construction of a lengthy gravity main extension
along Ten Mile Creek and provides some additional flexibility in timing for development of Stage 4
projects. The master plan ties development staging closely to sewer infrastructure planning. All capital
sewerage system projects needed to serve Development Stage 4 must be approved and fully funded in
the first four years of the WSSC CIP in order to move properties forward to category S-3. The master
plan envisions this occurring as part of a Stage 4 general water/sewer category change amendment
initiated by DEP, as was done for the earlier Clarksburg development stages.

The North County Maintenance Depot is planned for the CLV site in the Stage 4 area. From an
infrastructure standpoint, the Depot would have to pump its wastewater out of the Ten Mile Creek
watershed to mains that drain to the Little Seneca Trunk Sewer, as would the rest of the Stage 4
properties. If the Depot project proceeds ahead of other Stage 4 projects, the facility will need its
own—perhaps interim—pumping station. The concept for the upper Stage 4 area would be to have its
wastewater flows pumped southeast across Route 121 into sewers in the Clarksburg Triangle project
(Stage 3) that would feed into the Little Seneca sewerage system. This would depend on the progress
of the Clarksburg Triangle project and its sewer construction. If Clarksburg Triangle sewers aren’t
available, then the County would need to study alternative pump-over destinations and alignments.
From the standpoint of service area approvals, the Depot would require approval of a water/sewer
category change request, most likely under the ―public facilities‖ policy, as was done for the County
Correctional Facility site. If it precedes decisions or timing of Stage 4 it would need its own category
change, separate from the planned Stage 4 general amendment.

16
The Historic District is outside of Stage 4; however most of it is in the Ten Mile Creek watershed. A
few properties in the Historic District have access to sewer service via sewers in the Little Seneca
watershed: some adjacent to the town center and a few west of Route 355. WSSC indicates that historic
district properties north of Clarksburg Road will need service provided via a future Stage 4 (Ten Mile
Creek) sewerage system. DGS has proposed a site for the Clarksburg Fire Station opposite historic
district properties north of Clarksburg Road. If built before service the extension of public sewer to the
upper portion of Stage 4, service to this facility may require a grinder pressure extension to existing
mains in the Town Center. It will also need a separate category change request addressed through the
Water and Sewer Plan’s ―public facilities‖ policy.

17
 Attachment A

Details of Guidance from the 1994 Clarksburg Master Plan

MXPD and PD-4, Stage 4 portion of the Town Center District (Ten Mile Creek Headwaters) (MP
pages, 42 -53)
historic district as focal point
mixed use, office and residential neighborhoods
blend old and new
environmental concern at headwaters, with reduced densities
town center transit station, adjacent to MXPD headwaters area
town center as focus of entire plan
patterns of small blocks with access to transit
selective, compatible infill in historic district
high tech employment up to 470,000 square feet in MXPD area visible from I-270
2,600 residential units total with mix- 25-45% multi-family, 30-50% attached, 10-20%
detached
20% increase of residential total with carriage homes (in PD and RMX zones, as non
MPDU’s)
apartment buildings up to 6- 8 floors if within walking distance of transit station and
compatible with historic district; and 4 floors or less elsewhere
153,000 to 300,000 square feet of commercial allowed in entire TC, with 150,000 in retail
center, and 70,000 to 105,000 added office and commercial throughout the TC
town center as the ―civic‖ center of the study area, 0.5 acre public space at the transit
station
transit oriented pattern with bus loops, bikeways, and pedestrian oriented streets
land use pattern responsive to environmental concerns, noise, and protective of headwaters
R&D and PD 7-9 densities at transit station and reduced densities PD 2-4 in the headwaters
interconnected streets as found in older towns
roadway network guidelines, MP pg. 52 and 53
special character for Redgrave Place
variety of open space features, including forest conservation areas along streams

The headwaters MXPD and PD-4 portions of the Town Center are identified by the master plan as ―As
Areas Proposed for Zones Requiring Future County Council Actions‖, and (MP pages, 98 -99). The
following summary items provide additional guidance from the master plan and primary provisions of
these zones -
where there is a range in the PD density, the higher density may be achieved only through
max. use of the MPDU provisions
end state densities cannot occur without more detailed review than is typically required by
the subdivision or site plan process
MXPD
intended for multi-use centers, outside of transit areas
open space and non-vehicular networks encouraged
retail not to exceed 20% of R&D
residential density per MP
commercial density not to exceed .75 FAR
20% increase with carriage homes in PD areas
100 ft. and no less than building height as setback from any residential
not less than 50% of total residential area as green

18
 not less than 40% of total commercial area as green except for provision of amenity areas
for community
PD 7-9
7-9 residential units/ac.
residential unit mix requirements per 59-C-7.131
40% green area min.
PD-4
2-4 residential units/ ac.
flexibility of design, with efficiency, convenience and amenity
mix of residential, convenience comm., and other uses
range of housing types
community interaction and open space networks
residential unit mix requirements per 59-C-7.131
senior housing permitted
pedestrian, neighborhood commercial permitted
green area minimum: PD-2 and 3 - 30%, PD-4 - 40%

19
Ten Mile Creek Area
(MP pages, 87 -93)
the land west of Ten Mile Creek is designated as supportive of the Agricultural Reserve
land use east of Ten Mile Creek to balance environmental concerns, County housing needs,
and the importance of I-270 as a high technology employment corridor
Ten Mile Creek, as a fragile stream, merits special consideration
two employment sites are recommended along I-270, with the character of development
very important given their location in the Ten Mile Creek watershed
guidelines for the two employment sites to foster environmentally sensitive site plans
o no more than 400,000 square feet for each of the two I-270 employment sites
o an impervious limit of 15% for the entirety of the two employment sites (the CLV
property, currently sought by the County for the North County Maintenance Depot
(approximately 128 acres), and the County Site 30 property (approximately 300 acres).
o clustered development close to I-270, with improved access from MD 121
recommended land use west of MD 121 Clarksburg Road to address environmental
concerns and assure a predominance of single family detached units

20
 o approximately 600 acres as RE-1/TDR-2 with base density of 1 unit/ acre, with 900
units total, and with a minimum of 70% single family detached units

Environmental Plan section of the Master Plan

(MP pages, 137 -153)
Overview
land use proposals of the plan reflect a difficult balancing of community development
objectives with environmental preservation concerns
the plan relies on many mitigation strategies to help protect natural features
o forested conservation along all stream buffers
o key areas subject to more rigorous development review
o mainstems of all streams to be acquired by the public (M-NCPPC)
o extraordinary mitigation for land uses near sensitive headwater areas
Ten Mile Creek has the greatest constraints for development
the plan recommends clustering development and stringent environmental objectives in
some areas
Watershed Analysis
plan studies resulted in the 1994 determination that, with continuously forested stream
buffers, water quality standards probably could be achieved
Ten Mile Creek water quality in 1994 was good to excellent
protection and improvements of wetland systems are critical to maintaining water quality
Ten Mile Creek is most prone to environmental degradation
the greatest level of environmental constraints are in the stream valley areas
Recommendations relating to Watersheds and Sensitive Area Protection
low density land use and best management practices (BMP’s) for maintaining water quality
o lower residential densities in Town Center areas beyond transit
o 15% impervious limit and square footage limit for employment areas west of I-270
o extensive forested green space beyond stream buffers
o public parkland dedication for Ten Mile Creek stream buffers, and possibly for buffers
for first and second order tributaries
o employment and impervious limits County Site 30
the plan strongly encourages buffers of 175 ft. from the streams
protection of tree cover, including preserving large contiguous areas west of I-270
o avoid tree clearing
o minimize trees lost
o replace trees that are unavoidably cleared
o tree saving and tree planting (reforestation, afforestation)
o off site planting within the same watershed
o fees to a tree fund when necessary
a ―no net loss of wetlands‖ policy
modifications to M-NCPPC ―Environmental Guidelines‖ for review of subdivisions
maintain the environmental qualities of headwaters streams
o headwaters should receive the highest degree of protection possible
endorse agricultural BMP’s
Relation to the 1992 Maryland Planning Act
the plan included a ―sensitive areas‖ element
Areawide Environmental Concerns
it is critical to protect ―recharge‖ areas, in permeable uplands, where surface water
percolates into the ground
well abandonments must follow County requirements

21
Solid and Hazardous Waste
maximize recycling efforts
reduce illegal dumping of hazardous materials
Air Quality
the plan encourages land development and transportation planning that aids in achieving
standards of the 1990 Clean Air Act
o higher density development near transit corridors
o reduction of single occupancy auto usage
o inclusion of the regional transitway
Noise
The plan avoids locating residential and other sensitive land uses where attenuated noise levels
from the roadway are likely to exceed designated limits

22
 Attachment B

Streams and Imperviousness

Excerpt from the 2007 Special Protection Area Program

There are a number of studies documenting the effects of imperviousness on stream water quality in Maryland
(Klein 1979; May 1998; Boward et al.1999; M-NCPPC 2000; Fairfax Co 2001; Angermeier et al. 2004; Kazyak
et al. 2005). All of these studies found that impervious cover between 5% and 15% produce significant declines
in water quality.

The strong relationship between increasing imperviousness levels and declining stream health is also supported
in regional and national studies, such as Arnold and Gibbons (1996). There are also indications that highly
compacted soils like those typically found on residential lawns and sports fields act similarly to impervious area
preventing infiltration of precipitation into the ground.

Increasing impervious surface in a watershed affects streams by intercepting rainwater and eliminating the
natural functions of the soil. In an undisturbed environment, most rainwater percolates through soil prior to
discharging into a stream. The functions of soil and infiltration include: 1) filtering contaminants such as
pesticides, road salt, nutrients from fertilizer, and hydrocarbons found in oil and grease, 2) cooling water
temperature, and 3) slowing the rate of discharge into the stream. Increased levels of impervious surface reduces
these functions, and streams typically experience increased temperatures during storms, increased contaminants
and sediments in surface water, and wider flow fluctuations during floods and droughts. These changes cause
streams to degrade.

One of the most widely used predictors of the effects of imperviousness on water quality in streams is the
Impervious Cover Model (ICM) (Fig. 1.4) created by the Center for Watershed Protection (CWP 2003) and
updated by the Chesapeake Stormwater Network (CSN 2008). The ICM defines four categories of urban streams
based on how much impervious cover exists in their subwatershed: high quality streams, impacted streams, non-
supporting streams, and urban drainage. The ICM can be used to develop specific quantitative or narrative
predictions for stream indicators within each stream category.

These predictions define the severity of stream impacts with respect to changes in stream hydrology, alteration of
the stream corridor, stream habitat degradation, declining water quality and loss of aquatic diversity.

Figure 1.4. The Reformulated Impervious Cover Model

23
The general predictions of the ICM are as follows:

• Stream segments with less than 10% impervious cover (IC) in their contributing drainage area
continue to function as high quality streams, and are generally able to retain their hydrologic
function and support good to excellent aquatic diversity.
• Stream segments that have 10 to 25% IC in their contributing drainage area behave as impacted
streams and show clear signs of declining stream health. Most indicators of stream health will
fall in the fair range, although some segments may range from fair to good as riparian cover
improves. The decline in stream quality is greatest towards the higher end of the IC range.
• Stream segments that range between 25 and 60% subwatershed impervious cover are classified
as non-supporting streams (i.e., no longer supporting their designated uses in terms of
hydrology, channel stability habitat, water quality, or biological diversity). These stream
segments become so degraded that any future stream restoration or riparian cover improvements
are insufficient to fully recover stream function and diversity (i.e., the streams are so dominated
by subwatershed IC that they cannot attain pre-development conditions).

The impervious cover of the Newcut Road and Town Center areas is over 25%, classifying those
subwatersheds as non-supporting streams according to the ICM. The impervious cover for the Whelan
Lane I-3 area in the Stage 4 Ten Mile Creek watershed has a 15% imperviousness cap for each of the
two properties. The impervious cover of the MXPD zoned land in the Stage 4 Ten Mile Creek
headwaters east of I-270 and west of Frederick Road would be over 25% and classified as non-
supporting. The remaining developable land in the Stage 4 Ten Mile Creek area is zoned RE-1/TDR-2
with an estimated 20% to 25% imperviousness cover. This area would be described as impacted/non-
supporting according to the ICM.

The ICM has been extensively tested in ecoregions around the United States and elsewhere, with more
than 200 different studies confirming the basic model for single stream indicators or groups of stream
indicators (CWP 2003). Two recent academic research studies have specifically explored the
impervious cover stream quality relationship in headwater streams located in Montgomery County. The
first, by Goetz et al. (2003), looked at stream quality and detailed subwatershed land cover data for 245
streams in Montgomery County and concluded:

―We found a stream health rating of excellent required no more than 6% impervious cover in the
watershed and at least 65% tree cover in the riparian zone. A rating of good required less than 10%
impervious cover and 60% tree cover in the riparian zone.‖

The authors also present data that indicate a shift to poor stream health occurring when watershed
impervious cover exceeded 20% in Montgomery County streams. The second study by Moore and
Palmer (2005), investigated 29 urban and agricultural headwater streams in Montgomery County. They
found: ―Taxa richness was related negatively and linearly with the amount of impervious cover‖ with a
pronounced shift to poor richness values at around 20 to 25% subwatershed impervious cover.
Considered together, these research studies strongly reinforce the validity of the ICM as it pertains to
rural and urbanizing streams within Montgomery County.

The 2003 (MCDEP) update to the Countywide Stream Protection Strategy (CSPS) observed that
impervious and highly compacted surfaces covering the landscape affect how much water infiltrates
and how much runs off. A regression model developed by DEP, and based solely on available county
stream quality and watershed impervious area data, predicts that aquatic insect IBIs (Section 5) decline
to the fair category when imperviousness exceeds 8%. When imperviousness exceeds 21%, the model
predicts that aquatic insect IBIs shift to the poor category (Fig. 1.5).

24
Additional research, such as that being conducted in the SPAs, is needed to assess the extent to which
the combined effect of modern stormwater controls, stream buffers, and forest reforestation, can help
mitigate the effects of increasing imperviousness and compacted soil conditions in urban and suburban
watersheds. The Center for Watershed Protection Study (CWP 2003) further notes that it is premature
to presume that SWM controls are of limited value in maintaining biological diversity in small streams.
Most SWM control structures studied to date were designed using now obsolete design standards to
control certain types of storms, and were not specifically designed to protect stream habitat or to
optimize prevention of downstream channel erosion. Forest retention and buffers may also provide
benefits that have not been well quantified (CWP 2003).

Few studies have actually followed a small watershed from pre-construction through to the build-out of
projects to evaluate the ability of various combinations of SWM controls, along with stream buffers,
forest conservation, and other stormwater pollutant controls in mitigating watershed development
impacts. As the S&EC BMPs are converted to SWM BMPs in the Clarksburg Special Protection Area,
DEP will be able to better quantify how redundant and modern best management practices can help
mitigate the effects of imperviousness on the biological communities in our streams. The data to date
suggests that although SWM controls and other management techniques like forest buffer can mitigate
some impacts to water quality, these techniques cannot prevent stream degradation from increased
imperviousness.

Figure 1.5. Preliminary Relationship Between Imperviousness and Stream Condition Ratings in
Montgomery County, MD (MCDEP 2003).

1.6 Development and Imperviousness

There are continuing conflicts between SPA goals for environmentally sensitive developments and
other development requirements that sometimes foster increased impervious areas including: Master
Plan-designated transferable development right (TDR) receiving areas, zoning density, construction
sequence, and road grade requirements that require extensive cut and fill. These increased development
pressures compete with the protection of natural stream systems.

25
Using an impervious area limit is one of the methods used to minimize the effects of development on
natural resources. The Piney Branch SPA and the Clarksburg SPA were created with very limited or no
imperviousness cap for new development (in the Clarksburg Master Plan, there is a 15% impervious
limit recommended for specific sites on the west side of I-270). As the importance of minimizing
imperviousness levels in order to maintain healthy stream conditions became better understood, Upper
Paint Branch was designated as an SPA by County Council resolution in 1995 with an accompanying
Environmental Overlay Zone, adopted in July 1997, that included a 10% impervious cap on new
development, as well as restrictions on specific land uses that typically have significant adverse
environmental impacts on sensitive natural resources. This Overlay Zone was amended in 2007 to
revise the imperviousness limit for new development downwards to 8%.

The Upper Rock Creek SPA was designated as an SPA by the County Council with the approval of the
Upper Rock Creek Master Plan by resolution on February 24, 2004. The Environmental Overlay Zone
for this SPA was adopted on October 26, 2004, and it designates an 8% imperviousness limit only on
private development or subdivisions that are served by community sewer.

1.7 Landscape Changes and Streams

In addition to imperviousness, stream water quality can also be affected by landscape changes. The
clearing of vegetation and the surface grading and compaction of native soils for site preparation, road
and utility installation alters the original topography and hydrology. The rolling topography like
Clarksburg must be flattened to meet maximum slope requirements for roads and the tops of hills are
cut and valleys are filled in to create a landscape suitable for development. This process creates major
changes to the surface (topography) and, as a result, the surface and subsurface water patterns are
permanently altered.

Stream buffers are used to minimize impacts to hydrology; however, the development process allows
for cutting and filling up to the limits of disturbance along the stream buffer. This can result in altered
hydrology and impacts to local springs and seeps.

26