BUILDING in Maryland and Washington, DC

EXCLUSIVE MAGAZINE OF THE MARYLAND-NATIONAL CAPITAL BUILDING INDUSTRY ASSOCIATION

NOVEMBER/DECEMBER 2010

IN MARYLAND AND WASHINGTON, DC

The Business of

Building Green

Also in this Issue: The 2010 Environmental Awards

Maryland-National Capital Building Industry Association 1738 Elton Road, Suite 200 Silver Spring, MD 20903 Phone (301) 445-5400 Fax (301) 445-5499 E-mail: communications@mncbia.org Website: www.mncbia.org 2010 Executive Committee Edward (Guy) R. Curley, III President

Frank Bossong, IV P.E., Associate Vice President

Jim Kettler Vice President/Calvert Co.

Steve Nardella Treasurer

Doug Meeker Vice President/Charles Co.

Dave Lunden Vice President, State Legislative/ Secretary

Robert J. Spalding Vice President/Montgomery Co.

BUILDING

NOVEMBER/DECEMBER 2010

IN MARYLAND AND WASHINGTON, DC Representing Calvert, Charles, Montgomery, Prince George’s and St. Mary’s counties in Maryland and Washington, DC

FEATURES

Robert A. Jacobs Life Director

Marty Mitchell Vice President/ Prince George’s Co.

Thomas M. Farasy Immediate Past President

John B. Norris, III Vice President/St. Mary’s Co.

Stephen P. Elmendorf Legal Counsel

Brian (A.J.) Jackson Vice President/Washington, DC

Diane K. Swenson CAE, Executive Vice President

2010 Board of Directors

Bill Bilo Hillary Colt Cahan Mike Conley Chuck Covell Tony Crane Timothy Dugan Ken Dunn Andrea Leahy-Fucheck Robert Harris Howard Katz Gary Kret David Little Charlene F. Parker-Thayer

Stephen Paul Nanci Porten Karen Radisch Marc Rose Andy Rosenthal Gary Rubino Ronald Rymer Ted Smart Ray Sobrino Clark Wagner Peggy White Bryan Whittington Carter Willson

MNCBIA Staff Executive Vice President - Diane K. Swenson, JD, CAE Communications Manager - Kelly H. Grudziecki Financial Services Manager - Linda Groft Director of Government Affairs - F. Hamer Campbell, Jr. Associate Director/Government Affairs Raquel Montenegro Associate Director/Regulatory Affairs Annette T. Rosenblum Membership Manager - Debi Harrington Member Services Manager - Samantha Ager Program Manager - Builders Development Guaranty Group Debi Harrington Program Manager - Home Builders Care Foundation Patricia B. Kane

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7 2010 Environmental Awards– Going the Extra Green Mile

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9 Builder Connections– You’ve Got Five Minutes

DEPARTMENTS 4 A Message from the President 11 The Legal Pad

9 Published for: Maryland-National Capital Building Industry Association 1738 Elton Road, Suite 200 Silver Spring, Maryland 20903 301 445-5400 Fax: 301 445-5499 E-mail: building@mncbia.org Website: www.mncbia.org

5 Green Business Plans For Home Builders As the demand for green homes grows, it may be time for homebuilders to develop a green business model

12 The Engineer’s Angle 13 MNCBIA Membership News

MNCBIA’s Most Wanted List

STARS Club

New Members

14 Events Calendar

Published by:

E&M Consulting, Inc. 80 West 78th Street, Suite #230 Chanhassen, MN 55317 800-572-0011 Fax: 952-294-9944 Website: www.emconsultinginc.com Published October 2010 MNC-S0210/9844

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FROM THE PRESIDENT

I’m So Glad We Had This Time Together

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ow, as I write this, there are only 46 days left in the Curley Presidency. I have survived the “Zero” factor that concerns all Presidents elected in a year ending with a “0” and I have clearly enjoyed my time at the helm of the good ship MNCBIA. This past year was full of major and minor challenges.

Individually, we can solve many minor problems for our industry. As a member of MNCBIA we have better success when we reach out and expand our family to include other stakeholders, and as a collective group we can resolve many major issues.

As the holiday season gets closer it’s time to give thanks to those who kept our advocacy, membership and association missions intact and moving forward.

First, you can’t have a successful association without members, so Membership Co-chairs Michael Faerber and Marc Rose deserve a big hand in an extremely challenging year.

Second, you can’t become a Past President without a Future President so a big thank you to Marty Mitchell for accepting the nomination as our 2011 President. Marty comes from a fine line of Past Presidents in Bob Mitchell (1980-1982) and Kristy Mitchell Sullivan (2006). I have admired the Mitchell family for a long time and wish Marty all the best in his tenure.

I would also like to thank Tom Farasy for being one of our great Past Presidents and for being there for me as questions and issues came up. Tom’s leadership at MNCBIA and MSBA has been a valued asset to me and all members.

To the Executive Committee of Jim Kettler, Doug Meeker, Bob Spalding, Marty Mitchell, John Norris III, A.J. Jackson, Frank Bossong, Steve Nardella, Dave Lunden, Rob Jacobs, Tom Farasy, Stephen Elmendorf and Diane Swenson. Working with you guys is truly a perk as President. I appreciate being able to call when in need of contacts, experience or just to talk through an issue.

Next, I would like to thank the entire Board of Directors- this group of talented individuals is a like having the Internet, a library and more than 1,000 years of real life builder/developer experience at your fingertips. Thanks to each of you for your commitment to MNCBIA: Bill Bilo, Hillary Colt Cahan, Mike Conley, Tony Crane, Tim Dugan, Ken Dunn, Robert Harris, Gary Kret, David Little, Charlene Parker, Stephen Paul, Nanci Porten, Karen Radisch, Marc Rose, Andy Rosenthal, Ron Rymer, Ray Sobrino, Clark Wagner, Peggy White, and Carter Wilson. As well as our subsidiary chairs, Andrea Leahy-Fuchek, Howard Katz, Gary Rubino and Ted Smart.

The STARS Co-Chairs of John Clark and Rick Sullivan volunteered for their position. That was my easiest committee appointment to make and those guys made their goal very early on, which took the pressure off the balance of the year.

Edward R. Curley, III

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BUILDING IN MARYLAND AND WASHINGTON, DC

There are so many other committee members and council members and liaison members that deserve to be recognized as well. I wish I had the space to recognize each of you individually so please accept my group thank you until I see you in person.

The MNCBIA Staff- Diane, Hamer, Annette, Raquel, Linda, Patti and Kelly. You guys rock! Thank you for your support in all of your efforts and wearing of many different hats throughout the year.

I also want to thank my beautiful wife Keli, Austen, Payten, Dad and the rest of my family and staff for loaning me out to be your President. I am looking forward to having dinner with my family on a regular basis again.

In closing, I want to share a letter written to my grandfather many, many years ago.

Thank you very much – go raibh maith agaibh Cheers! – Sláinte (slaan cheh)

Green Business Plans For Home Builders

By Michael Fickes

As the demand for green homes grows, it may be time for homebuilders to develop a green business model.

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wo years ago, Peter Guida was a small niche homebuilder with two employees. Based in Montgomery County, the niche was relatively stable: his customers wanted to tear down their existing homes and build new ones. They owned their existing homes and could finance the projects with equity.

But the economy was dying, and Guida’s business was doing a fast fade.

He was holding two $2.5 million spec homes plus an $850,000 lot with no prospects. Two clients had just baled out of the market, taking $150,000 with them.

“That’s when I came up with the idea of the incredible green home,” Guida says.

The idea became a business plan. Today, despite the continuing recession, Guida is president of Bethesda and Chevy Chase-based Bethesda Bungalows, LLC. The company employs 18 people and has $8.5 million worth of homes under contract. Another $10 million in prospective new business is sitting in the company pipeline awaiting contract signatures.

The green homebuilding market is exploding across the country. McGraw Hill Construction estimates that green homes will hold 12 to 20 percent of the value of new construction starts by 2013. The dollar value of the market segment would be $40 to $70 billion.

And that’s not all. McGraw Hill says that the overall market for green homes could reach $9- to $140 billion within five years.

Have you added a green component to your business plan? Have you thought about how to do that?

“There are three very different value propositions that homebuilders can use to develop green business,” says Sam Rashkin, national director for Energy Star homes with the U.S. Environmental Protection Agency (EPA).

Three Value Propositions In brief, Rashkin’s value propositions are: offer a better home for less money thanks to energy efficiency; offer a more comfortable home for 25 to 30 cents

“Green homes are durable, efficient and most of all comfortable. They are warm in the winter and cool in the summer.” per day; and offer a more environmentally friendly home, again for 2- to 30 cents per day.

“You can mix and match, but it’s probably better to pick one, learn it and build a business around it,” says Rashkin, whose new book will be out soon: “Retooling The Housing Industry: How it got there. Why it’s broke. How to fix it.”

Better home for less money: According to Rashkin, a builder marketing green with this approach would emphasize the monthly energy savings produced by a tighter structure and energy efficient heating, ventilating and air conditioning systems. Tightly sealed homes can also sell comfort, because they will shield against pollen, bugs, dust and moisture, adds Rashkin.

More comfortable home: According to Rashkin’s calculations, a comfortable green house with reduced risks related to indoor air quality (IAQ) costs just 25 to 30 cents per day more than a conventional house. Thirty cents per day for 30 years comes to $3,285 or about $9 per month. Marketing would focus on improved ventilation, better filters and moisture protection and the use of low-VOC building materials and coatings.

An environmentally friendly home: Rashkin’s third value proposition targets customers willing to spend an extra $9 per month to protect the planet. Marketing would play up the use of sustainable forest products, recycled products, water conserving faucets, sustainable landscaping, improved waste management and so on.

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Selling Energy Efficiency Efficient Home, LLC has adapted Rashkin’s first value proposition, saving money with an energy-efficient home, to the remodeling market. “Our primary business is conducting energy audits of existing homes and making energy efficient improvements,” says Tony Crane, a partner with the Burtonsvillebased homebuilder.

Efficient Home improvements include sealing homes with new insulation for walls and attics, new doors and replacement windows. Efficient, modern heating, ventilating and air conditioning (HVAC) equipment helps pay off the improvements by delivering lower monthly utility bills.

The remodeling angle has made customers out of the region’s utility companies.

“We do a ton of projects for utilities,” he says. “We’re under contract with PEPCO, SMECO, Delmarva Power and BG&E. We work with their limited income customers.

The utilities hire us to make their homes more efficient.”

The utilities also help the Efficient Home market energy audits and related improvements. Most have programs that subsidize the cost of energy audits and provide rebates to customers for making energy efficient improvements.

Crane notes that he doesn’t use the terms green or sustainable in his sales pitch because green has the connotation of being expensive. “Our marketing angle focuses on saving money by using energy more efficiently,” he says.

Finally, Crane believes that his new business plan offers an effective barricade against the recession. “This is a good niche to be in right now,” he says. “It can tap into a lot of the subsidy funds in the market.”

Comfort Homes BOWA in McLean, VA, uses Rashkin’s second value proposition — selling comfort — to market its green renovations to high-end homeowners.

“We specialize in renovations, but we also do a few custom homes every year,” says Doug Horgan, a vice president with BOWA. Horgan says that the green part begins with BOWA’s culture of quality. “Green building is the same as building well,” he says. “Green homes are durable, efficient and most of all comfortable. They are warm in the winter and cool in the summer.

“Comfort is crucial to green homebuilding. If you build a home that is warm in the summer and cool in the winter, it will waste energy on air-conditioning and heating.”

While BOWA markets the comfort value of green, Horgan observes that environmental concerns often motivate the company’s high-end customers.

The Incredibly Green Home of Chevy Chase Back in March, the U.S. Green Building Council awarded Peter Guida’s brainchild — The Incredibly Green Home — a LEED Platinum certification, the highest certification offered by the Leadership in Energy and Environmental Design (LEED) program.

The Chevy Chase home also received an Emerald rating under the National Green Building Standard (NGBS) developed by the National Association of Home Builders (NAHB), making it the first home in the nation to receive both LEED Platinum and NGBS Emerald ratings. The EPA has also certified the home under its Indoor airPLUS and EnergyStar programs.

The Incredibly Green Home’s design focuses on energy efficiency with a ground loop geothermal HVAC system, low-e argon windows, a 1.75Kw grid-tied photovoltaic solar system, LED recessed lighting and spray foam insulation. Other energy efficiency upgrades include an insulated foundation, an energy recovery ventilator and an outlet for an electric vehicle. The energy saving design earned the home a 41 Home Energy Rating System (HERS) score. (The lower a home’s HERS Index, the more energy efficient it is.)

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Bethesda Bungalow’s “Incredibly Green Home” Low VOC (volatile organic compounds) paint, recycled fiber carpet, bamboo and recycled glass countertops, cork flooring and Forest Stewardship Council-certified hardwood flooring ensure the indoor air quality (IAQ) and environmentally healthy character of the structure.

Guida’s Bethesda Bungalows started out with a business plan that features all three of Rashkin’s value propositions: energy efficiency, comfort and environmentally friendly.

In January, Guida plans to introduce a more targeted marketing angle focused more on the environmentally friendly proposition. “We’re launching the ‘just right-sized home,’” he says. “That’s our franchise in the teardown and infill market.”

“That is the resource-friendly third proposition,” says Rashkin. “It is smaller and uses fewer resources. The resources it does use are local and recycled or renewable. In short, it is a home an owner can feel good about.”

Learning Green Green-wash is a term coined by the green building industry to describe marketing or business plans that claim to be green but aren’t.

Advertising people have a saying: The best way to ruin a bad product is good advertising.

That’s an important concept for builders thinking about getting into the green building business. Green is a good advertising angle today. Advertising yourself as green when you aren’t won’t work. In fact, it will work against you. Word will get around.

The point is that the first step in entering the world of green homebuilding is to get a green education.

“If you are interested in learning to build green, the EPA’s EnergyStar program is a good first step,” says BOWA’s Horgan. “EnergyStar is the first step toward understanding LEED and the NAHB’s NGBS program.”

Horgan also recommends a new master green certification program from NAHB along with a course offered by the Building Performance Institute (BPI). For remodelers, Horgan points to green training provided by the National Association of the Remodeling Industry (NARI). (MNCBIA has recently launched a Remodeling Council, who will soon offer courses of its own.)

“It is important to learn the green world and then to apply what you have learned to what you do,” advises Horgan. “Figuring out how to change the way you build houses is a lot of work.”

But that’s what you have to do to turn your business green. m

BUILDING IN MARYLAND AND WASHINGTON, DC

Equestrian Estates

2010 Environmental Awards – Going the Extra Green Mile

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NCBIA’s Environmental Awards recognize builders, developers, land planners and engineering firms throughout the Greater Washington Region for their diligence in complying with a broad range of environmental regulations and for their commitment to preserve, protect and enhance the environment Below are the 2010 winners and a synopsis of their winning project. You can read the descriptions in their entirety at www.mncbia.org > “Industry Awards” > “Environmental Awards.”

The team of Haverford Homes and Greenhorne & O’Mara Inc. (G & O) share the honor of winning an award in the category of Land Development for Equestrian Estates, a single family detached residential community in Upper Marlboro. Numerous challenges presented themselves during the development of this property. The Charles Branch and two significant stream tributaries cross through the property, which required balancing the need for transitional design and internal circulation connections with the environmental concerns of wetlands, floodplains, storm water management and tree conservation. Haverford and G&O successfully completed the project utilizing a cluster subdivision approach allowing for the preservation of more than 48 acres of the 95 acre site. Additional measures contributed to limiting the environmental impact on the property. Two in-stream stormwater management facilities were designed utilizing bioretention and infiltration. The bioretention onsite is composed of carefully selected soils,

Equestrian Estates

Equestrian Estates

organic matter and both woody and herbaceous plant species designed to remove pollutants and cool the storm water runoff before releasing it into the natural stream environment. The community is further enhanced by a hiker/biker and equestrian trail located within the stream valley. The team went to great lengths to adjust the trail through the woodlands to avoid having to clear mature trees and unnecessarily grade within the sensitive natural setting. Recycled materials were also used in the construction of the trail, including recycled concrete, natural wood chips and recycled stone. Overall, this project is an excellent example of a developer and an engineering firm working together to provide sustainable development solutions that improve the lives of the communities where we live and work.

Charles P. Johnson & Associates (CPJ) took home an award in the category of Partnership with a Civic or Environmental Organization for College Gardens Park in Rockville. The City of Rockville tasked CPJ with rejuvenating an aging community park in concert with providing stormwater management to the surrounding 158 acre, 42 percent impervious catchment area in an effort to protect the downstream receiving water, known as the College Gardens Tributary to Watts Branch. Through the combined efforts of CPJ, Slater Associates Inc., McKim & Creed, and The City of Rockville Department of Public Works, the team met the project goals to provide stormwater quality improvement and downstream flood relief; reduce bank erosion along the outlying tributary; protect and enhance existing natural resources; and improve park use and aesthetics through the implementation of a large onsite pond

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College Gardens Park

Montgomery Model at Brightwell Crossing

College Gardens Park

Montgomery Model at Brightwell Crossing

College Gardens Park

Montgomery Model at Brightwell Crossing

retrofit. Park amenities include multiple sports fields and courts, a gazebo, grills, picnic benches and bicycle racks. The prominent storm water pond in the center of the park is the main attraction, enhanced with paths, a walking bridge, multiple lookouts and benches. CPJ tagged, surveyed, and cataloged 574 trees, the vast majority of which remain undisturbed. In addition the landscape plan incorporates more than 120 native tree species, 167 shrubs, 1,600 perennials, 2,600 wetland plugs, and 10,000 sq. ft. of wetland and wildflower seeding mix. College Gardens Park is a prime example of how the utility and amenity of a project can come together to minimize the impact of stormwater management and at the same time create a beautiful park that enhances the quality of life for a community.

Kettler Forlines Homes was named a winner in the Building (Lot Specific) category for its’ Montgomery Model located at Brightwell Crossing in Poolesville.

This model home, (as well as all new homes built by Kettler Forlines in the past three years), meets or exceeds the Energy Star for homes program, employing such energy saving features as Low E windows, exterior foam sealing, high efficiency gas furnaces, and pressure tested sealed ductwork, to name a few. In addition, the Montgomery model has been certified as an “Indoor airPLUS” home.

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This newly adopted EPA program takes a multi-faceted approach to improving indoor air quality including moisture and humidity control, radon mitigation, pest management, HVAC system improvements, proper venting, building materials from renewable resources and homeowner education. An important benefit of both Energy Star for homes and Indoor airPLUS is improvement in long-term durability of materials and building systems. On the exterior of the home, Kettler Forlines constructed a 7 ft. deep wrap porch on the front to reduce solar gain.

A water-saving rain barrel was installed to collect a portion of the roof rain-off and 100 percent organic lawn fertilization was used to decrease runoff of toxic pesticides into the local watershed. The company also made a conscience effort to “shop local” employing contractors and suppliers from within Poolesville and nearby towns. This home is a clear example that resource conservation, sustainability and energy efficiency are integral components to the future of green homebuilding.

Congratulations to all the winners. Your communities, developments and projects are shining examples that the building industry truly does care about the environment. m

BUILDING IN MARYLAND AND WASHINGTON, DC

Builder Connections— You’ve Got Five Minutes

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any of MNCBIA’s most active builder members brought their key personnel out to the 5th Annual Builder Connections event on September 23 at the Bethesda Marriott. As our industry continues to fight its way through this recession, it is vital that our builder and developer members seek out bids from our Associate members, who repeatedly name “networking” as one of the number one reasons they joined our Association.

Builder Connections continues to rank high on the list of favorite and most worthwhile BIA events and supports our motto of “Doing Business With Members.”

For some, this was the chance to introduce their firm in a no-pressure situation to companies they normally end up cold calling. For others, it was the opportunity to get reacquainted with people they had done business with for years. And although five minutes may not be enough time to ink a contract, it is enough time to get your product, your service and yourself in front of the people who make the decisions.

Thanks to the builder companies who participated including, Covell

Communities, Craftmark Group, The Donohoe Companies, Inc., DR Horton Inc., EYA, The IDI Group Companies, Jeffco, Kettler Brothers Homes, K. Hovnanian Homes, K & P Builders, Inc., Liberty Home Builder, Inc., Michael Harris Homes, Mid-Atlantic Builders, Inc., Michael T. Rose Companies, Miller & Smith Homes, Mitchell & Best Homebuilders LLC, NV Homes, NVR, Ryan Homes, Superior Home Services, Inc., Van Sant, Inc. and Winchester Homes Inc. And a special thank you to our Event Sponsors, Gutschick, Little and Weber, P.A., Macris, Hendricks and Glascock, P.A. and VIKA, Inc. Overall the evening was a huge success, and the volunteer members on the Builder Connections Committee deserve much praise for calling and writing and twisting a few arms to get both Builders and Associates alike out to this important event. Thanks to, Chairman, David Little, Gutschick, Little and Weber, P.A., Brooke Burns, Hanley Wood Market Intelligence, Ibrahim Dukuly, Lighthouse Property and Tom Hyde, Miller and Smith Homes. m

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BUILDING IN MARYLAND AND WASHINGTON, DC

The Legal Pad STREAMLINED SHA APPROVALS?

By Nancy L. Slepicka, O’Malley, Miles, Nylen & Gilmore, P.A.

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ow are we in the Building Industry in Maryland impacted by the Maryland State Highway Administration (SHA)?

Those of you who build on fully approved/platted lots, may only be directly impacted if, for instance, certain permit conditions regarding roadways have to be satisfied prior to issuance of a building or use/occupancy permit.

Those of you who work with raw land, processing it through the maze of federal, state and local regulations into developed lots, are the ones who regularly work with SHA. It is the SHA Engineering Access Permits Division (Access Permits) that is your normal point of contact – and often your point of frustration/delay.

In recognition of the important link between economic development and transportation, Governor O’Malley established the Access Permit Stakeholder Review Group (Review Group) to recommend improvements to the SHA permit process. Included within the Review Group were six MNCBIA Members: O’Malley, Miles, Nylen & Gilmore, Manekin, Facchina Development, St. John Properties, The Tech Group and The Traffic Group.

The Report containing the Review Group’s recommendations is expected to be released by Gov. O’Malley by the close of 2010. If these recommendations are implemented, you should eventually experience a more timely response to your Access Permits applications and a more timely approval of most applications. Another result the Review Group would like to see: improvement in the consistency and predictability of the Access Permits process.

With these goals in mind, the recommendations fell into three categories: Technology and Automation, Communications and Customer Service, and Process Efficiency.

Technology: SHA recognizes the importance of adopting a comprehensive database system to track and report on permit status, track review times and identify frequently occurring problem areas. With this newly obtained data, SHA is expected to improve customer service and to increase process efficiency.

Recommendations also included establishment of a web based permit status reporting system and institution of an electronic permitting system.

Communications and Customer Service: To improve customer service, the Review Group recommended establishment of a “triage” process to review and identify deficiencies in the traffic impact study (TIS), engineering plans and permit application submissions. The goal of this recommendation was clearer communications concerning requirements for approval and

information needed for a comprehensive review of applications. An important step to improving customer service is more effective coordination and communication with: (i) Counties and Municipalities, (ii) Developers, (iii) other State and Federal agencies, including SHA’s own Office of Traffic/Safety. Once the Review Group’s recommendations are implemented, you should begin to see more comprehensive education and training materials available on their website, a single point of contact for each permit application, and additional specific efforts toward timely resolution of issues.

Process Efficiency: The Review Group focused on the need for improved efficiency within the permit review and approval process and recommended the preparation of self-help materials for SHA’s customers, such as flow charts of the development review and permit process for the various types of SHA permits, “How To” manuals specific to each county, and submission checklists for Traffic Impact Studies, pre-permit engineering submissions and final permit submissions. It was recommended that discussions take place between SHA and the applicant prior to the preparation of a Traffic Impact Study and at the earliest stages of the pre-permit engineering review process to aid in prompt and efficient reviews and approvals. One last recommendation was the establishment of a Priority Project Process, focused on large development projects with significant impact on roadways and important economic development benefits to the State and localities.

Although numerous changes in the Access Permits approval process will not occur over-night, SHA has already begun to make small changes in the Access Permits process. We recognize that the recommendations with policy and financial implications are dependent upon future decisions by the Governor, Department of Transportation Secretary and State Highway Administrator. Those of you directly impacted by Access Permits, keep your Review Group members informed about the good, the bad and any ugly encounters with Access Permits. Our collective goal is an improved regulatory process producing a positive impact on our businesses. m Nancy L. Slepicka is a Partner of the law firm O’Malley, Miles, Nylen & Gilmore, P.A. and manages the Firm’s Charles County office located in La Plata. Her expertise lies in the areas of zoning, subdivision, federal, state and local environmental regulation, historic preservation and community development. Ms. Slepicka currently serves on the Governor’s Access Permit Stakeholder Review Group. She may be reached at nslepicka@omng.com or 301-934-5600.

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The Engineer’s Angle The Muddy Waters of the NTU

By Andrew T. Der, Whitman, Requardt, & Associates, LLP

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he U.S. EPA’s recent withdrawal of its effluent limitation guidelines and associated turbidity criteria continues to show the dynamic changes of regulatory compliance associated with construction and stormwater.

Given that data shows new construction provides a fraction of the muddy water in the Bay and the unreliability of some US EPA modeling and proposed compliance procedures, this decision is appropriate and equitable.

Presently evolving (acronym warning) TMDLs, Executive Orders, NPDES MS4 permits, Maryland’s NPDES Construction Permit, SWM ordinances and E/S regulations reminds decision makers not to overlook basic technical concepts in regulatory criteriatia.

So, what exactly is an NTU and turbidity – and how can (or should it be) applied? Turbidity is merely the optical transparency of water and can be determined with an instrument called a nephelometer that measures transparency with a probe in Nephelometric Turbidity Units (NTU). The problem with this easy method of measuring turbidity is – well – that it is easy.

Monitoring turbidity appropriately can be a valuable tool for our toolbox but with caution. For example, the originally EPA proposed NTU of 13 was unrealistic and technically unsubstantiated because it is easily exceeded naturally and in preconstruction conditions.

Further, direct proportional relationships cannot reliably be drawn between the level of turbidity and total suspended solids (TSS) – the more appropriate constituent of concern is what is most relevant to stream health and water quality monitoring. NTUs have their place but nature, streams and water chemistry can be complex and making a regulatory leap in the field based entirely on a turbidity measurement alone is not so simple. The Maryland State standard of 50/150 NTU was originally developed for point source discharges and its application to diffuse measurements of land disturbance around a receiving stream can be challenging.

Transparency is not a pollutant. Sometimes water can be turbid naturally or from phytoplankton (algae). Much of the northern Atlantic and the Bay and its tributaries are turbid without our help due to the valuable abundance of phytoplankton and appropriate levels of nutrients and is the basis of our food chains as well as 70 percent of the oxygen we breathe. The clear water of the Caribbean is actually a desert from a relative lack of life and food chains and is why reefs will pop up as oases. A certain level of nutrients is naturally desirable - just not too much – and therein lies our challenge. Less is not necessarily more and while excess sediments and particles always reduce light transmission, the opposite does not always follow. Clear swimming pools do not make hospitable natural habitats.

All this leaves a lot of questions. Measuring turbidity at the BMP could indicate relative performance, but the NPDES provisions of the Clean Water Act are applicable to waters of the U. S., so would measuring turbidity at the point it enters such waters better indicate receiving stream conditions? How would turbidity monitoring correlate to a receiving stream that may already have a preconstruction turbidity in excess of a desired limit due to a pre-existing property use or offsite influence? Or, if the goal is interpreted to preserve the stream as it is before new construction, what if the water entering a pre-existing muddy

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stream is less turbid to the point of a “shock”? This may not seem as farfetched as it sounds with potential active treatment requirements for BMPs. The use of flocculants could potentially attain such cleaner water – but what is their true net environmental benefit? Some of the flocculent approaches referenced in the current Maryland E/S manual could allow the use of some compounds, which themselves may have adverse environmental effects or may need to be disposed of when settled out in special waste sites.

Turbidity standards for receiving waters originated for point source discharges. Turbidity measurements can be constructive under certain conditions, but as regulatory definitions of discharges and applicability have broadened over time into the stormwater realm, we need to be technically cautious when substantiating the generic and wholesale transference of such compliance monitoring protocols to a nonpoint source scenario in an urbanizing – or agricultural - setting. If something seems too simple, it usually is. m Andrew Der is an Associate and Director of Environmental Services at Whitman Requardt & Associates, LLP and practiced in the consulting industry since 2001 previously completing 18 years of service at the Maryland Department of the Environment. He can be reached at 443-224-1824 or ader@WRALLP.com.

BUILDING IN MARYLAND AND WASHINGTON, DC

MNCBIA Membership New Members & Reinstatements BUILDERS

Bethesda Builders, Ltd. Custom Building, Building Speculation, Building Single Family Mark Leas 8825 Brookeville Rd. Silver Spring, MD 20910 Ph: 301-588-4424 Fax: 301-587-1122 mleas@caseworkltd.com Sponsor: Ralph DeSena The Home Crafter Building Single Family Jeffrey Harrop 4401 5th St., NW Washington, DC 20011 Ph: 202-244-5076 jharrop@hotmail.com Sponsor: Steve Nardella

ASSOCIATES

Andrews, Bongar, Starkey & Clagett, PA Attorneys Jessica Barnes 11705 Berry Rd., Suite 202 Waldorf, MD 20603 Ph: 301-645-4100 Fax: 301-843-2351 jbarnes@SouthernMarylandLaw.com Bonded Builders Warranty Group Building Warranties Joe Pushak 1500 Kings Hwy. Port Charlotte, FL 33980 Ph: 703-582-7727 / 800-749-0381 jpushak@bondedbuilders.com Sponsor: Michael Faerber

(8/1/10 to 9/30/10)

Deans Custom Floors Floor Covering Dean Berkheimer 4302 Howard Ave. Kensington, MD 20895 Ph: 301-530-8900 Fax: 301-530-1195 Sponsor: Marc Rose

Sterling Mirror Company Shower Doors, Mirrors, Bathroom Fixtures & Equipment Michael Kaperst 4375 Nicole Dr.

Lanham, MD 20706 Ph: 301-918-2600 Fax: 301-918-3534 mkaperst@aol.com Sponsor: Steve Spano

Fraser Forbes Real Estate Brokers Richard Samit 6862 Elm St. McLean, VA 22101 Ph: 703-790-9400 rsamit@fraserforbes.com Payce Payroll Service Accountants & CPAs Brian Pfeifer 1220-B East Joppa Rd., Suite 324 Towson, MD 21286 Ph: 443-279-9000 Fax: 443-279-6362 bpfeifer@paycepayroll.com Sponsor: Tom Farasy Signature Companies Cabinets-Custom & Prefinished, Stairs & Stair Parts (Wood) Mary Jeanne Helton 6612 James Madison Hwy. Haymarket, VA 20169 Ph: 703-754-6808 Fax: 877-723-1937 mjhelton@signaturecos.com Sponsor: Marc Rose

United Bank Financial Institution, Financing-Construction David Peterson 2071 Chain Bridge Rd. Vienna, VA 22182 Ph: 703-502-7180 dpeterson@unitedbank-va.com Sponsor: Marty Mitchell

MNCBIA’s Most Wanted List Listed here are firms whose membership in MNCBIA has lapsed in recent months. WE WANT THEM BACK! Please encourage these companies to reinstate their membership.

Amicus Green Building Center, Arbor Care, Inc., Blazeguard Fire Protection, Canal Associates LLC, Charles Luck Stone Center, Cust Des Concepts Architecture, GIBG YL Partners LLC, Holly Ridge Development, LLC, Intregrated Media Systems, STK Construction Group, The Maison Group, Winegrad, Hess, Friedman & Levitt, LLC

STARS Club GOLD

Acacia Federal Savings Bank BB&T Bank DGG-MC Hanley Wood Market Intelligence Linowes & Blocher, LLP PEPCO Pleasants Development, Inc.

SILVER

Georgetown Insurance Service, Inc. Loiederman Soltesz Associates, Inc. McMillan Metro, P.C. Miles & Stockbridge P.C. Rodgers Consulting Inc.

BRONZE

Ballard Spahr LLP Bank of America Elm Street Development Gutschick Little & Weber, P.A. Holland & Knight, LLP Learch, Early & Brewer, Chtd.

Liberty Home Builder, Inc. Reznick Group P.C. Sandy Spring Bank Winchester Homes Inc.

FRIEND

1st Mariner Bank Baker Tilly Bowman Consulting Group, Ltd. Bozzuto Group Burgess & Niple, Inc. Charles P. Johnson & Associates christopher consultants, ltd.

Columbia Bank Craftmark Homes Dewberry DICO Furey, Doolan & Abell, LLP GE Appliances Geo-Technology Associates Inc. Greenhorne & O’Mara Inc.

BUILDING IN MARYLAND AND WASHINGTON, DC

IDI-MD, Inc. K. Hovnanian Homes Kim Engineering M &T Bank Macris, Hendricks & Glascock, P.A. Michael Harris Development Mid-Atlantic Builders, Inc. Miller & Smith Homes Mitchell & Best Homebuilders LLC Shulman Rogers Steuart-Kret Homes, Inc. Terra Verde Communities LLC Ward & Klein Washington Gas |

NOVEMBER/DECEMBER 2010

13

Events Calendar 11

26 MNCBIA closed for Thanksgiving

Custom & Small Builders Council

Home Builders Care Foundation Board meeting MNCBIA Executive Committee meeting

3

16

Development Review Process

Subcommittee [DRPS] Environmental Committee meeting

17

NOVEMBER 2010 2

30 Record Plat Committee at DPS

New Members Only Committee meeting

4 WSSC Liaison Committee meeting

5 Prince George’s Liaison Committee meeting

DECEMBER 2010 1

Multifamily Trends Conference Montgomery County Liaison Committee meeting St. Mary’s County Liaison Committee meeting Charles County Liaison & Chamber PGM Committee meeting

50+ Design Trends seminar Development Review Process Subcommittee

[DRPS] Environmental Committee meeting

3 18

Prince George’s Liaison Committee meeting

9

MNCBIA Board of Directors meeting

Real Estate Finance Committee meeting Codes & Standards Committee meeting

20

4 Winter Gala & Silent Auction

Help the Homeless Walkathon

7

10 Commercial Builders Council Green Building Committee meeting

25

Custom & Small Builders Council

MNCBIA closed for Thanksgiving

8 Commercial Builders Council Green Building Committee meeting P&P Ad Hoc Committee meeting

9 WSSC Liaison Committee meeting

14 Codes & Standards Committee meeting

15 Montgomery County Liaison Committee meeting St. Mary’s Liaison Committee meeting Charles County Liaison & Chamber PGM

Committee meeting

16 Joint Executive Committee/Board of Directors

Meeting

INDEX OF ADVERTISERS

Appliance Distributors Unlimited, Inc...................Back Cover Benning & Associates..........................................Page 11 Ferguson Enterprises, Inc......................................Page 10 General Electric...................................................Page 15 Shulman Rogers.................................................Page 12 Linowes and Blocher LLP.....................................Page 14 Taksey, Neff & Associates.....................................Page 11 Vintage Security....................................................Page 2

14

NOVEMBER/DECEMBER 2010

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BUILDING IN MARYLAND AND WASHINGTON, DC

1738 Elton Road, Suite 200 Silver Spring, MD 20903