Lothian couple investigated for tree clearing

County and state environmental officials are investigating a Lothian couple, saying they improperly cleared up to 20 acres of trees on their rural property in order to grow hay.

Dr. Susan Mende, a veterinarian, and Dr. Mark Hubley, a college biology professor, were each cited for clearing the trees at 936 Fiorenza Drive without having a plan to control stormwater runoff, which carries a fine of $1,000.

They've been ordered to stabilize the land to keep dirt from washing away into a floodplain and the nearby Wilson Owens Branch, a creek that flows into the Patuxent River, a Chesapeake Bay tributary.

And the couple has to remove piles of stumps that were pushed into the floodplain.

Officials with the county and with the Maryland Department of the Environment declined to comment in detail on the case because it is ongoing, but provided copies of inspection reports detailing their findings.

Meanwhile MDE officials forwarded their inspection report to the Office of the Attorney General for review before lodging any charges.

For their part, Drs. Mende and Hubley said the environmental problems stemmed from an honest mistake - they thought they already had approval to clear the trees and didn't know they needed a grading permit and a stormwater-control plan.

"It's not like we out of the blue brought somebody in here and cleared 20 acres of land without anyone knowing about it," Dr. Hubley said.

In 2004 the couple bought the wooded, 170-acre property at the end of Fiorenza Drive in Lothian. Twenty acres already had been cleared, which is where the couple has their home, Dr. Mende's barn and veterinary practice, Wolf Creek Equine, and several fenced-in fields called paddocks for horses.

Another 130 acres is in a forest-conservation easement, which means the trees can't be cut down. The conservation easement was put in place by the former property owner, developer Robert DeStefano, in exchange for receiving approval to build the Village at Waugh Chapel in Gambrills.

That left about 20 wooded acres the couple earmarked for growing hay or adding more horse paddocks.

Sitting at his dining room table, Dr. Hubley pulled out copies of various plans on file with the government, including a forest-management plan and a nutrient-management plan. All the plans show part of the property set aside to be cleared to grow hay. Because those plans were approved, he said he thought the clearing was OK'd.

But county officials contend a grading permit was needed. And the county and state inspectors said in their reports that the land wasn't cleared properly.

"The manner in which they did it is the concern," said Tracie Reynolds, a county spokesman.

Some of the cleared material, including tree stumps, was pushed to the edge of a hill that drops down to a floodplain and the creek, according to inspectors' reports. There was sediment-filled water leading from the property toward the creek, according to the reports.

Dirt-laden runoff is a problem throughout the bay. Sediment can change the flow of a stream and affect what kind of plants and marine life can survive there, said Fred Tutman, the Patuxent Riverkeeper.

"It's part and parcel of what's wrong with the bay," he said.

Dr. Hubley said he's committed to making things right, and county officials acknowledge the couple has been cooperative. They've covered the cleared area with straw and installed a silt fence along the edge. Still left to be fixed are the piles of stumps and brush pushed to the edge of the floodplain.

Dr. Hubley said he still disagrees that he needs a grading permit - he points to provisions in the law that exempt farmers from many of the rules that developers must follow - but said it's best to move forward instead fighting.

"We spent $15,000 on a silt fence rather than go to court and spend $15,000 in legal fees," he said.

Ultimately, Dr. Hubley said he is confident he'll be able to eventually satisfy inspectors with the state of his property.

"We're all, more or less, in agreement on a plan to move forward," he said.