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Scenic Davidsonville

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Denied!

The hearing administrator for Anne Arundel County denied the request from Brandywine Aggregates to mine sand and gravel at 2882 Patuxent River Road.

Remember, they will appeal, so be ready for the next step. The Board of Appeals meeting is in person. Let's show them what Davidsonville means to us. Let's pack the meeting room!

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Welcome

We are just like you, homeowners looking for an escape from the industrial highways that bring us to work. We have found it in the scenic byways of Davidsonville; a place we can come that revives us. Let's protect our way of life. Let's keep Davidsonville scenic. 

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Unfortunately, our home is under attack. Two "local, family-owned" companies could spoil our scenic roads and clear-cut more than fifty acres of forest for their gain. They talk about how they need the business to survive; they talk about how all they want is the sand and gravel, and then they will be gone. They do not talk about how long our roads could be choked by the hundreds of "slow," "safe," "clean," and "totally conscientious" dump trucks that haul their pebbles or how long a once pristine forest takes to grow back. Please don't believe what they say; this has happened before.

Read More

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Mining takes a long time.
Reclamation can take longer.

Bay Journal November 10, 2021

The Sands Road area is zoned for rural-agricultural land use, but sand and gravel mining is allowed with a “special exception” to the zoning code. Records show that the county has repeatedly approved or renewed special exceptions there over the last three decades.

 

In 1991, over neighbors’ objections, landowner Raymond Riddle got a special exception to mine about a third of 163 wooded acres along Sands Road. “This office is mindful of the concerns of residents about truck traffic,” the hearing officer wrote, “and many of those concerns are reasonable.” But he said the operator had agreed to limit truck activity to 200 round trips a day and that the facility would be “closed out within five years.”

 

Five years later, Riddle decided to lease the sand and gravel mine to Chaney and petitioned the county to extend the special exception. A civic association agreed not to oppose it under certain conditions, including no increase in truck traffic and extending the operation for no more than 10 years. The hearing officer, citing Chaney’s “good reputation and past performance,” approved it for another 15 years.

 

Also in 1996, the county approved another special exception on the other side of Sands Road to mine sand and gravel for 25 years on a tract that borders the Patuxent River. The operator there, not Chaney at the time, pledged to limit truck traffic to no more than 40 round trips per day.

 

By 2016, the county had authorized Chaney, which had taken over mining on both sides of Sands Road, to expand those operations to other portions of the 451-acre tract. The approved truck limit had grown to 390 round trips a day — nearly double what had been the maximum for just the Riddle site 30 years earlier.

 

Within the prescribed 10-hour limit on operations, that works out to a truck rolling in every 3 minutes or so to pick up sand and gravel before heading back out on the road again.

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The 2882 Patuxent River Road Forest

Mining inherently damages the environment, but it is a tragedy when the deposits sit below a forest. The proposed mine at 2882 would strip at least 50 acres of forest.

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This forest would be cleared. In 2019, the county executive signed bill #68-19, the forest conservation bill. "County officials say action is needed because Anne Arundel has lost 2,775 acres of forest since 2010, or about 300 acres a year, which they say is a greater loss than all of the surrounding counties combined." (Wheeler, Bay Journal March 25, 2020.)

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This is the land that Brandywine Aggregates has already stripped.

What's Next

This can be a long process. Brandywine Aggregates, LLC applied for a special exception, which has many steps. 

What They Are Saying

Brandywine Aggregates, LLC has answered the special exception requirements with their submittal. READ HERE 

Although, at first, it may appear compelling, there are still concerns about traffic safety, the economic impact of surrounding properties, pollution, and, most obviously, a consideration for our Scenic Roads. 

 

Special exception criteria for clay and borrow pits and sand and gravel operations #18 states: A facility located in an RA District shall be located on a road other than a scenic or historic rural road.

 

Their response to #18 (Below) appears to state that Patuxent River Road is not Scenic or Historic and provides Appendix D as support for the claim. Appendix D does not show Patuxent River Road as Scenic or Historic. However, Appendix A (Link below) not only lists Patuxent River as Scenic and Historic, but it lists it as a class 1 protected road, affording it "the highest level of protection." The map in Appendix C (Link below) shows Patuxent River Road as one of the 153 scenic and historic roads in Anne Arundel County.

Going forward, it is important that all documents from all parties are scrutinized.

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A Little History

Brandywine Aggregates, LLC at 3024, 3026, and 3040 Patuxent River Road, is currently working under a non-conforming use originally obtained in 1994. In 2000, they applied for two special exceptions, which were withdrawn. In 2018, they obtained a certificate of use to support the current mine. 2882 Patuxent River Road was purchased by 2882 Pax LLC, which has a mailing address of 2056 Generals Highway, in  January of 2023. At that time, some of the neighbors were told the purchase was just for hunting property and not to worry about further development. At the beginning of October 2023, Brandywine Aggregates entered pre-file for a special exception to operate a "Clay and Borrow Pit and Sand and Gravel Operation" at 2882 Patuxent River Road. Toward the end of October, neighbors started receiving letters stating the same from Daniel Jones, who is listed as counsel for Jones of Annapolis and has the same mailing address as 2882 Pax LLC.

Resources

  • Special exceptions for "clay and borrow pits and sand and gravel operations" must comply with 19 separate criteria per the Anne Arundel County Code. READ HERE

  • In addition, the special exception must comply with the general special exception requirements. READ HERE

  • Maryland requirements for surface mining. READ HERE

  • Scenic road requirements, although mines are not allowed on scenic roads per special exception criteria #18. READ HERE

  • Site plan for the proposed mine. CLICK HERE

  • An email from Anne Arundel County confirms Patuxent River Road is a Class 1 Historic and Scenic Road. READ HERE

  • Office of Planning and Zoning Scenic and Historic Policy and Guidelines with Appendix A and C.       READ HERE

  • Anne Arundel County Scenic and Historic Roads Website. READ HERE

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