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Habitat and Rain Garden Project at Ithan Elementary School (Dormant)

Editor’s note: This issue is currently dormant. We will continue monitoring the situation and may take up the issue in the future.

Overview

The Delaware Riverkeeper Network (DRN) is transforming an area at Radnor’s Ithan Elementary School that had been overwhelmed by invasives into an area dominated by native plants, and is creating three rain gardens that will slow, infiltrate, and clean stormwater runoff.  The effort will also result in healthy plant and animal habitat that can support environmental education at the school. 

Ithan School Restoration plan 1
Ithan School Restoration plan 2

Warehouses

Overview

The massive build out and proposals for the onslaught of warehouses and distribution centers in the Delaware River Basin are jeopardizing many communities, watersheds, forests, agricultural lands and natural areas simultaneously.  Below are just some of the warehouse threats underway that DRN and community groups are opposing.  This is not a complete list.  We are providing this summary along with some of the filings and links to help others fighting similar warehouse threats 

DRN’s Youtube Channel with Warehouse Information and 3 webinars on how to fight warehouses can be viewed here.

Ivy Castle Warehouse

Ivy Castle, LLC, and Mr. Anthony DiTommaso, Ivy Castle LLC with HQ at 102 Chestnut Ridge Road, Suite 204 Montvale, New Jersey 07645 proposes to fill wetlands for a new warehouse project.  The project is located adjacent to the Christina River, located at 800 New Castle Avenue, known as tax parcel number 26-058.00-012, in the City of Wilmington, New Castle County, Delaware. Center coordinates are: 39.725924°, -75.542557°. Ivy Castle, LLC, and Mr. Anthony DiTommaso, Ivy Castle LLC with HQ at 102 Chestnut Ridge Road, Suite 204 Montvale, New Jersey 07645 proposes to fill wetlands for a new warehouse project.  The project is located adjacent to the Christina River, located at 800 New Castle Avenue, known as tax parcel number 26-058.00-012, in the City of Wilmington, New Castle County, Delaware. Center coordinates are: 39.725924°, -75.542557°.

If permitted, according to the applicant, Mr. DiTommaso’s development project would replace the existing warehouse and other storage facilities with two (2) new warehouses totaling 477,000 square feet, associated with the redevelopment of the property to provide modern infrastructure to meet current market demands/conditions for storage and transportation.  Historically, the main existing warehouse facility and overall development of property occurred prior to 1926. Currently, the existing 239,000 square foot warehouse and the other storage facilities on the property are dilapidated and do not present the opportunity for their continued use or renovation. The applicant proposes to redevelop the property in two phases. The first phase (1) would involve the construction of a 97,000± square foot warehouse building, new accessways, pedestrian parking, and appropriate loading space to allow the existing tenant to maintain and/or conduct operations on the site while the main warehouse and other secondary facilities are demolished. Upon completion of the phase 1 building and appurtenances, the owner will construct phase 2 improvements to include demolition and redevelopment of the existing warehouse with a new 350,000-375,000 square foot warehouse. The new building would remove all secondary warehouse buildings while potentially maintaining an existing 25,000± square foot storage building constructed in 2018. The massive warehouse project proposes to impact and/fill approximately 50,000 square feet (1.15 acres) of existing palustrine emergent wetlands during phase 1.

View DRN’s comments to the Army Corps of Engineers.

Graphic of a Mapping

CRG Warehouse – Betz Court (Lowhill Township, Lehigh County PA – UNT to Jordan Creek (HQ-CWF and EV Wetlands)

Fred Ferraro of CRG Services Management, LLC (“CRG”) HQ located at 300 Barr Harbor Dr. Suite 720, Conshohocken, PA 19428  has applied to PA DEP for an NPDES Individual Permit for Discharge of Stormwater Associated with Construction Activities (PAD390265) (“Application”) for the construction of a 56.73 acre land development consisting of a 299,880-square foot warehouse/distribution uses and a variety of commercial uses along Betz Court in Lowhill Township. Lehigh County, PA (the “Project”). The application states the site is located at: 40° 37′ 07.88″ N Latitude and 75° 38′ 43.04″ W Longitude. 

The USGS quadrangle for the property illustrates Kernsville Road as part of the eastern Site boundary and Betz Court as part of the southern Site boundary. The USGS quadrangle also illustrates an unnamed tributary (UNT) in the central region of the site, extending beyond the western boundary. On October 19, 2022, the Department of Environmental Protection (the “Department”) received an NPDES Permit application for the 2951 Betz Court Site, Orefield, PA in Lowhill Township, Lehigh County. The application was deemed administratively complete on January 6, 2023. Written public comments were received during the public comment period. The Department held a second virtual public hearing on Monday, December 11, 2023 from 7:45 p.m.—9:15 p.m. to accept additional comments on the documentation and plans associated with the Individual NPDES Permit Application No. PAD390265 for the discharge of stormwater from construction activities to the following receiving watercourses: UNT to Jordan Creek (HQ—CWF, MF) and EV Wetlands. Commenters are concerned about material inadequacies and omissions in the Application and urge the Department to take these comments into consideration and deny the requested Individual NPDES permit.

View DRN’s comment to PADEP regarding their NPDES permit.

Graphic shows areal view of the site

River Pointe Logistics Center
Upper Mount Bethel Township, Northampton County, PA

Lou Pektor’s River Pointe Logistics Center, LLC proposes to construct Phase I of the River Pointe Logistics Center project in Upper Mount Bethel Township, which includes the construction of roadway infrastructure, stormwater facilities, and three (3) industrial buildings totaling approximately 1.9 million square feet, with projected future buildings to be designed and permitted in subsequent phases (approx. 6 million SF total). The NPDES permit application would allow discharge of stormwater from construction activities at the site to: an unknown tributary to Delaware River (cold water fishery, migratory fish); an unknown tributary to Allegheny Creek (cold water fishery, migratory fish); other wetlands & Exceptional Value wetlands, and is subject to special protections under the Clean Water Act.  The development, known as River Pointe Commerce Park, is actually three distinct projects comprising 13 warehouse-sized buildings taking up more than 6 million square feet — roughly the equivalent of 43 Costco stores. The Lehigh Valley Planning Commission, in a July 2022 letter to township planners, cast the project in sweeping terms, describing it as “the largest in the Lehigh Valley in decades and possibly ever” (Delaware Currents, Chris Mele, May 2023) and outlined major concerns about the project and the National Park Service (NPS) has also weighed in with major concerns to views and watershed threats to the Wild & Scenic corridor and nearby Delaware Water Gap National Recreation Area. Today’s hearing focuses on the water permits before PADEP and sister agencies. For talking points and more information, please click here.

To view River Pointe’s water applications on file at PADEP visit: https://bit.ly/RiverPointeWaterApp

BP Point Breeze Warehouse Proposal,
West Passyunk Philadelkphia, PA
Schuylkill River

The applicant, Jim Marshall (jmarshall@bridgeindustrial.com; 267-346-0556) – BP Point Breeze, LLC, has requested a Department of the Army permit, pursuant to Section 404 of the Clean Water Act (33 U.S.C. 1344) for a proposed warehouse project located along the Schuylkill River at 6310 West Passyunk Avenue, Philadelphia, Pennsylvania. The proposed project if approved, would include constructing a 487,590 square foot modern cross-dock warehouse with 95 trailer parking positions, 244 auto parking spaces, surface and underground stormwater control measures, and permittee responsible wetland mitigation.

Maxatawny Warehouse Project – Duke Reality/Prologis
Berks County, PA
Maxatawny Township
Saucony Creek Watershed
3 million sq. ft. warehouse/5 buildings
Mostly Ag land – warehouse complex would encroach along Saucony Creek and Wetlands
Local Contact: Maxatawny Community Coalition organizing locally to oppose the warehouse

Graphic of the site

The proposed Maxatawny logistics park would consist of 3 million square feet of institutional quality logistics real estate designed to accommodate local, regional and national warehouse, distribution, ecommerce and light manufacturing users. The project would create a 5 building logistics park to include a new road network, auto and tractor trailer parking spaces, tractor trailer loading and unloading yards and associated stormwater management, landscaping, and lighting. New infrastructure for public water, public sewer, electric and gas would be developed to provide the project site and surrounding area with service connections.

Update:  As of December, 2022 there are five warehouse plans before Maxatawny township.  Maxatawny Community Coalition has engaged in a court battle with Maxatawny township and Duke Relty/Prologis preparing for arguments in the Commonwealth Court in mid- December.  The Township is also being sued by one of the warehouse developers.

National Land Developers, LLC Warehouse
Pike County, PA
Milford Township, PA
Sawkill Creek Watershed – EV
Mostly forested land – warehouse complex would impact Exceptional Value watershed
Local Contact: Friends of the Milford Aquifer organizing locally to oppose warehouse

National Land Developers, LLC and LVL Engineers have proposed to build a 450,000 square foot warehouse facility in Milford Township, Pike County, PA at the intersection of I-84 and Route 6.

What are the concerns?

Areal View of the site graphic
  • The warehouse is 2,800 feet from the Milford Springs Aquifer, which is the sole drinking water source for much of the local region. The site is largely mature forest with some gravel area on site.
  • The warehouse would bring in 250 to 375 truck trips daily.
  • 450,000 square feet equals 10.33 acres or roughly 279,000 gallons of rain per inch that will go directly into the groundwater.
  • The stormwater plans are based on 450,000 square feet, which is the total of the warehouse distribution center (400,000 square feet) and an office and employee area (50,000 square feet) combined. However, the proposal requests 50% impervious surface coverage on 22 acres which equals 958,320 square feet or
  • This also does not account for driveways, employee parking, or proposed truck loading docks (58 15’x75’ spaces) additional truck parking (33 trailer or 66 reserved parking spaces) or highway expansions and high-volume entrance including Steele Lane for total impervious surfaces.
  • The proposal involves capping an isolated pond on the property, however this pond is identified as a waterbody in the National
  • East of the construction area is the Exceptional Value (EV) Sawkill Creek. This portion of the creek is also part of a 27.97-acre Delaware Highlands Conservancy conservation easement.
  • There are wetlands on the site that are in the floodplain of the Sawkill Creek and therefore should be considered EV wetlands.
  • Stormwater discharge would flow through EV wetlands and the EV Sawkill Creek from natural land contours.
  • Any stormwater reaching the Sawkill would flow downstream through 95 acres of federal land owned by the US Forest Service.

Update: The Milford Township Board of Supervisors and the Planning Commission have voted to unanimously deny the applicant’s request for a variance on parking configuration in late 2022.  The first conditional use hearing was held as a hybrid meeting in late 2022.  Milford Water Authority, Friends of Milford Aquifer, and nearby landowners requested and have gained party status for the hearing.   Continuance of the Conditional use hearing has been postponed by the applicant multiple times with a rescheduled hearing set for the evening of Feb 28, 2023.

Rte 115 Associates/Ashwal Properties LLC Warehouse
Monroe County, PA
Tunkhannock Township, PA
Keiper Run Watershed – EV
Mostly forested land – warehouse complex would impact Exceptional Value watershed
Local Contact: Tobyhanna Creek/Tunkhannock Creek Watershed Association, local Fishing Club

Ashwal Properties is proposing to construct a new warehouse on property located off of SR115, Long Pond.  The Property also contains Tax Parcel Identification No. : 20630300718353 and Tax Code No.: 2011 1/1/36. The Property is currently owned by Ashwal Properties, LLC. The plans depict a 237 acre parcel. Included within the parcel, Associates proposes the construction of a 949,453 sq. ft. warehousing facility. The proposed height of the building is 58’±. In connection with operations on the Property, 487 constructed and 286 reserve off-street parking stalls are proposed. Access to and from the proposed building will be off of SR 115.

Update:The local nearby fishing club obtained legal representation by Pennfuture attorneys to proceed in the local landuse conditional use hearings and questioning.  Settlement negotiations are underway as of February 2023 to reduce impacts of the planned warehouse. DRN and local watershed group has installed DIY Mayfly sensors to monitor water quality conditions. 

In a Tunkhannock Board of Supervisors Meeting, there was no discussion about the sewage module or warehouse. Possible future discussion may happen next meeting, June 14th, 2023, 7pm. 

Delaware Riverkeeper Network submitted a letter regarding this warehouse on May 9th.

Rte. 115 Moyer/Pippiani Warehouse
Monroe County, PA
Tunkhannock Township, PA
Mud Run Watershed – EV
Mostly forested land – warehouse complex would impact Exceptional Value watershed
Local Contact: Tobyhanna Creek/Tunkhannock Creek Watershed Association

The warehouse complex would consist of a 600,000 sq. ft. warehouse with 587 parking spaces, a 150,000 sq. ft. warehouse with 148 parking spaces, a donut shop, a pharmacy, two fast food restaurants, a gas station, and a truck stop with hundreds of additional parking spaces on a 100 acre site that is mostly forested.

The site is forested (scrub shrub) with unique acidic bogs and would impact an EV watershed – Mud Run.  This is a highly inappropriate land use for this environmentally sensitive site. The property is just upstream of one of the few glacial lakes in Monroe County (accessible public lands owned by Bethlehem Water Authority) and the surrounding ecosystem of bogs is known as glacial till barrens habitat.

An extension and public hearing was requested by DRN and allies regarding the PADEP NPDES Construction Stormwater Discharge Permit for this project before PADEP (Application No. PAD450168).  DEP granted the request and will be announcing a hearing date and the record will be open 15 additional days after the hearing. 

Update 3/29/24: Despite public outcry, packed public hearings in April 2023 and overwhelming response from over 600 concerned residents and members, DEP has issued a draft permit (noticed in the 3/30/24 PA Bulletin) for the warehouse complex development complex (see below).  DRN has requested  the draft permit as well as the comment and response document and has requested DEP post updated materials and the permit on the portal page for the project so the community has a way to adequately review.  Below the link to the DEP page for this project in the meantime: https://www.dep.pa.gov/About/Regional/Northeast-Regional-Office/Community%20Information/Pages/I-80-115-C1-Site-Warehouse.aspx

Pocono Mountains Corporate Center North Warehouse
Monroe County, PA
Coolbaugh Township, PA
Duckpuddle Run- EV
Mostly forested land – warehouse complex would impact Exceptional Value watershed
Local Contact: checking if this is on opw radar as of 2/7?

Project Site Address: South Side of the Intersection of Route 611 and Laurel Drive, bounded on the west by an existing railroad bed and along the east by Duckpuddle Run.

Construction of 333,000 Square Foot warehouse building with parking facilities, utility connections, sanitary force main, and stormwater management facilities. The site is currently undeveloped with predominant forest cover and listed as 24.3 acres of earth disturbance in the PADEP NPDES public notice dated Feb 3, 2023.

Orchard BJK Company, LLC 925 Berkshire Blvd, Wyomissing PA 19610

Delaware Riverkeeper Network and Penn Future submitted comments regarding NPDES permit (PAD450158)

WATER PROGRAMS

NPDES PUBLIC NOTICE

Application for National Pollutant Discharge Elimination System (NPDES) Permit for Discharges of Stormwater Associated with Construction Activities

Northeast Region: Waterways & Wetlands Program, 2 Public Square, Wilkes-Barre, PA 18701-1915, 570-826-2511.

Contact: Pamela R. Kania, P.E., Waterways and Wetlands Program Manager.

 This notice is provided in accordance with 25 Pa. Code Chapter 92a and 40 CFR Part 122, implementing The Clean Streams Law (35 P.S. §§ 691.1—691.1001) and the Federal Clean Water Act (33 U.S.C.A. §§ 1251—1376).

 The Department of Environmental Protection (DEP) has received an application for an Individual NPDES Permit from the applicant named as follows to authorize discharges of stormwater associated with construction activities from the project site named as follows to surface waters of the Commonwealth. The Department of Environmental Protection (DEP) has made a tentative decision to issue an Individual NPDES Permit to the applicant previously named. Interested persons may submit written comments to DEP at the previously listed address for DEP’s consideration in taking a final action on the permit application. You may also review the permit application file by contacting DEP’s File Review Coordinator at 570.826.2511.

Applicant: Orchard BJK Company, LLC

Applicant Address: 925 Berkshire Boulevard, Wyomissing, PA 19610

Application Number: PAD450158

Project Site Name: Pocono Mountains Corporate Center North Warehouse

Project Site Address: South Side of the Intersection of Route 611 and Laurel Drive, bounded on the west by an existing railroad bed and along the east by Duckpuddle Run.

Municipality/County: Coolbaugh Township, Monroe County

Total Earth Disturbance Area: 24.3 acres

Surface Waters Receiving Stormwater Discharges: EV Wetlands to Duckpuddle Run (EV/HQ-CWF, MF). The discharges will be conveyed from the site’s stormwater best management practices by proposed rock lined swales or overland flow to the surface water.

Proposed Effluent Limitations: The draft permit requires implementation of an Erosion and Sediment Control (E&S) Plan and a Post-Construction Stormwater Management (PCSM) Plan and compliance with Federal technology-based effluent standards at 40 CFR Part 450.

Rate or Frequency of Discharge: Stormwater discharges during and following earth disturbance activities are precipitation-induced and will vary depending on factors such as the area of impervious surfaces, the size and placement of best management practices (BMPs) and the intensity of precipitation.

  Special Conditions: N/A (no project-specific special conditions are proposed).

[Pa.B. Doc. No. 23-153. Filed for public inspection February 3, 2023, 9:00 a.m.]

Tohickon Creek

Overview

Update on Tohickon proposed downgrade: August 29, 2019 – After overwhelming concerns from the community about the downgrade of Tohickon Creek, in a letter dated August 13, 2019 to local legislators, the Pennsylvania Department of Environmental Protection (DEP) indicated a change of course regarding its proposal to downgrade legal protections for Tohickon Creek. In a clear response to a wealth of public comments outraged by the proposed downgrade, DEP said that it would agree to additional evaluations before any action is taken.  See the press release from Delaware Riverkeeper Network and Tinicum Conservancy here.

Delaware Riverkeeper Network is meeting with DCNR to discuss needed improvements to the Lake Nockamixon dam discharge which is upstream of the proposed upgrade area.  DRN is assisting with review of draft modeling reports with a goal of securing colder water discharges to the Tohickon and better consideration of meeting downstream uses of the Tohickon Creek that will improve benthic diversity and recreation for a loved stretch of the Tohickon that deserves EV protection. 

Over Two Decades

For over two decades, the Delaware River community has been working and waiting to see the realization of Tinicum Conservancy’s stream upgrade petition, which was submitted to PA DEP in 1995. The Conservancy, the community, and allies including Delaware Riverkeeper Network, have been seeking Exceptional Value (EV) designation for the Tohickon Creek, a tributary flowing into the Lower Wild & Scenic Delaware River near Point Pleasant, PA in Bucks County. “EV” is the highest designation possible for streams in the Commonwealth. This designation does not prohibit development. The designation does trigger thresholds so that any private developer, any dischargers, including sewage treatment plants or commercial and industrial industries seeking to locate in the region, must meet standards and use practices that prevent degradation of the healthy waters and wetlands that belong to all Pennsylvanians. You can learn more about what special protection does and does not do here.

Since the original petition was submitted almost 25 years ago, many national, regional, and local conservation measures and plans have been written and adopted for this beautiful historic watershed.  The Tohickon flows through iconic places like Ralph Stover State Park and the Appalachian Highlands. Over 3,000 acres of lands have been protected, through both public and private investment, by communities that take pride in preserving this well-loved and significant Bucks County stream and watershed. EV designation protection by PADEP is long overdue and would strengthen the spirit and goals behind the local protection plans of the community in place now and garner additional important Clean Water Act pollution controls at the state level to better protect the Tohickon Creek community’s water from harm.  This state protection is especially essential in light of the threats we face with climate change leading to warming stream temperatures, increased flooding and drought extremes.

Related

Beaver Creek, Delaware County, PA

Geryville Quarry (Dormant)

Whetstone Run

Upper Delaware Regional Upgrade Petition to PA DEP

Upper Perkiomen Regional Stream Upgrade Petition

Upgrade Petition for the Hosensack Creek

Cobbs Creek Golf Course

Overview

West Philadelphia – Clear-cutting of over 100 acres of woodlands, riparian buffers and wetlands at the Cobbs Creek Golf Course brings a new threat of flooding to downstream residents and the environment in West Philadelphia.  A developer, prior to receiving permission, clear-cut approximately 500 large (24” DBH and larger) trees.  The same developer, the Cobbs Creek Foundation, is now seeking from the City Planning Commission (PCPC)  to cut even more trees on steep slopes that could easily make flooding even worse.  What is NOT surprising is that the City of Philadelphia is supportive of it!

The Darby and Cobbs Creek in Philadelphia and Delaware County is one of the most flood prone, flashy watersheds in Southeastern Pennsylvania.  Floodwaters routinely rise-up so frequently that it’s a common site to see sandbags stacked alongside homes ready to be deployed in front of garages and basement doors to prevent flood damage.  Where is this flooding so prevalent? In the Overbrook, Kingsessing and Eastwick communities where predominantly people-of-color reside.

The Flooding of the Darby and Cobbs

The flooding of the Darby and Cobbs is not new – it has been going on for decades. The City of Philadelphia knows it. The City just up-dated their All Hazard Mitigation Plan where flooding was noted to be one of the prominent threats to the City’s well-being.  The flooding of the Darby/Cobbs in Eastwick even got its own chapter (OEM Section 5.2.1.27)

There are two primary but separate issues with the development process of the Cobbs Creek Golf Course. The first is the destruction of the riparian buffer which now, obviously, needs to be restored and mitigated. In addition to the tree loss, 20+/- acres of wetlands were destroyed.  The second is the developer’s attempt to get further approval from the City of Philadelphia Planning Commission to clear even more trees off upland steep slopes.

In Response

DRN has partnered with several talented and focused grass-roots groups in West Philly and Eastwick. Towns in Delaware County are also concerned about this new source of floodwaters.

DRN recently submitted extensive comment to the U.S. Army Corps of Engineers to raise the alarm that this developer is now seeking to cut more trees down at this site and that the Corps may not be aware of.  DRN’s comment also addresses the the developer should not be allowed to profit off their destruction of the floodplain, riparian buffer and wetlands by selling-off mitigation credits to other developments elsewhere (i.e. mitigation credits). DRN and partners are also preparing to argue against the PCPC’s approval of a re-zoning measure that would allow for a steep-slope overlay zone (PCPC Zoning Bill No. 220918) that would allow more tree clearing and more flooding.

Special Protections Waters designation for Delaware River

Overview

Photo of the river

In 1992, in response to a petition submitted by the Delaware Riverkeeper Network, the DRBC designated the Middle and Upper Delaware River as Special Protection Waters and created a special body of regulations that mandated protection of the Existing Water Quality of the designated portions of the River.  In 2008, following a second petition from the Delaware Riverkeeper Network, the DRBC designated the Lower Delaware River as Special Protection Waters as well.  As a result of these designations, the Delaware River has the longest stretch of River in the nation with this highest, anti-degradation level of protection. 

In order to protect “existing water quality” the regulations discourage direct discharges of wastewater. Where such discharges are allowed, the regulations mandate a higher level of treatment.  In addition to these provisions, the regulations were also meant to provide protections from nonpoint sources of pollution by requiring a prioritization of special protection water drainage areas that could have an adverse impact on the water quality of Special Protection Waters designated by the DRBC and to ensure creation and implementation of nonpoint source pollution control plans for those priority areas. 

The Delaware River Special Protection Waters designation is the foundation upon which the moratorium against shale gas extraction, drilling and fracking within our watershed is based.

The prioritization of the Middle and Upper Delaware River was set to be completed by 1996; for the Lower Delaware River by, at latest, 2007. Nonpoint source pollution control plans should have been completed for the Middle and Upper Delaware River by 2001; for the Lower Delaware River by 2013.  All such deadlines have been missed.

The Delaware Riverkeeper Network has submitted a new petition to the DRBC to secure full implementation of the Special Protection Waters regulations and program.

Eastwick

Concerned Residents 

In February 2012, ten concerned Eastwick residents met to discuss two recent home invasions that threatened the quality of life in their quiet Southwest Philadelphia community.  From that initial meeting, bimonthly meetings were quickly established where the group began to address a host of community concerns.  They contacted agencies responsible for tackling such issues as chronic illegal dumping, insufficient lighting at the local rail station and the need for increased policing in targeted areas.  The committee of ten also encouraged their neighbors to get involved and to become more aware of activity in the community that appeared questionable or suspicious.  
 
It was this increased vigilance that prompted one of those concerned residents to question surveying close to his home in late April.  Upon doing so, he learned that the area being surveyed was the location of a proposed one hundred million dollar residential development project, as well as potential expansion of the Philadelphia International Airport, all on  a 128-acre undeveloped parcel adjacent to John Heinz National Wildlife Refuge.  Further inquiry revealed that, unbeknownst to the community, Philadelphia City Council was poised to approve a rezoning bill on June 12th that would allow the developer to begin the 5-year project to build 722 apartments with parking lots to accommodate 1,034 vehicles—on 35 of the 128 acres, which is currently zoned for single-family homes and also partially designated by FEMA (Federal Emergency Management Agency) as a Special Flood Hazard Area. 

Stunned that such a massive, high-density project was about to take place on land currently serving as a natural barrier against flooding, the ten concerned residents quickly formed the Eastwick Action Committee (EAC), and joined with the Friends of Heinz Refuge (FOHR) to establish the Eastwick Friends & Neighbors Coalition (EFNC).  

Halting the Proposed Development 

EFNC immediately mounted strategies to halt the proposed development until the community could be fully apprised of the developer’s and the City’s plans.  EFNC’s goal was to ensure that no development in the targeted location would result in harm to current or future residents or to the habitat at the John Heinz National Wildlife Refuge.  EFNC swiftly gained the support of notable environmental groups including Delaware Riverkeeper Network, Keystone Conservation Trust and the Pennsylvania Chapter of the Sierra Club as well as pro bono legal representation by the Public Interest Law Center of Philadelphia and Dechert LLC and the support and technical guidance of Penn Urban Studies Program.   The community was soon spurred into action, circulating a petition door-to-door, engaging the media with press releases, and mobilizing volunteers for next steps in the process to oppose the rezoning bill at the upcoming City Council hearing. 

On June 12, 2012 members and supporters of EFNC provided passionate and fact-based testimony that resulted in City Council tabling the proposed rezoning bill that would have given the developer’s project the green light.  On November 20, 2012, Councilman Kenyatta Johnson, who had previously supported the proposal, pulled the rezoning bill, denying the developer’s request to rezone the 35 acres to build the massive apartment complex. Councilman Johnson stated that the community had spoken “loud and clear” and deserved a say in what happens in their community.
 
EFNC celebrates this victory with the understanding that the future remains uncertain for the 128-acre parcel.  Armed with this knowledge, EFNC has seized the opportunity to launch a comprehensive community education, engagement, and visioning process that will allow residents, business owners and stakeholders, who are open to new growth and development, but in a sustainable and ecologically responsible manner, an opportunity for meaningful and equitable dialogue and participation to ensure that when future development does occur residents are safe, localized and catastrophic flooding impacts are addressed, and environmentally sensitive lands, wildlife, and green spaces are protected. This community assessment report, which reflects the sentiments of 93% (244 of 250 qualifying Eastwick residents) who live in the area immediately adjacent to the 128-acre parcel, is just one step in that direction. 

Camp FIMFO

Update – Attend the Planning Board Meeting on August 28th, 2024

The Town of Highland Planning Board is currently reviewing Camp FIMFO’s draft Environmental Impact Statement (draft EIS) to determine whether it is “adequate” per guiding New York State Environmental Quality Review Act (SEQR) regulations. Delaware Riverkeeper Network has concerns about the process the Planning Board has designed, including its lack of conformity with SEQR, the leeway it gives to Camp FIMFO to dismiss community and town concerns, and ongoing lack of clarity and access for the public. We are urging members of the public to attend the Town of Highland Planning Board Meeting on August 28th at 4 Proctor Road, Eldred, NY 12732, to share any concerns you may have with how the review process is being conducted, and urge the Board members to REJECT the Camp FIMFO draft EIS as inadequate under the law. 

For more information, please visit our action page.

Town of Highland, Sullivan County, New York

In the Town of Highland, Sullivan County, New York, Northgate Resorts is proposing to overhaul the former Kittatinny Campground with an operation they call Camp FIMFO.  The proposal would transform most of the existing low impact tent camp sites to RV sites, cabins or glamping structures with water, sewage and/or electric hook ups; adding a mountain roller coaster, water slides, a swimming pool, mini golf, more parking, more septic systems, as well as replacing some of the old existing buildings with new.

According to one official on the Upper Delaware Council, this is the largest development project ever to come to the region.

Overall, the true scale and impacts of the project are being masked by a lack of information with differing detals dribbling out over time.  It also seems clear that if Northgate gets to have its way, we will be seeing more theme-park-like operations of this kind invading our Upper Delaware region and magnifying the harm.

After careful review, on May 25, 2023, the National Park Service issued a letter stating its determination that the project fails to conform with Land and Water Use Guidelines (LWUG) for the Upper Delaware Scenic and Recreational River.  You can read about it in the River Reporter here: https://riverreporter.com/stories/nps-rejects-fimfo,99920

The National Park Service has complimented its letter and public presentation regarding its review of Camp FIMFO with a detailed  Significant Project Substantial Conformance Review issued June 26, 2023 (available here).  In response, Northgate-FIMFO sent a highly inappropriate letter to the Town of Highland Planning Board.    To which the Delaware Riverkeeper Network has submitted its own response, available here.

On September 14 the Delaware Riverkeeper Network held an informational meeting with residents in the Upper Delaware River region to discuss the proposed Camp FIMFO site changes.

On September 27th, the Town of Highland Planning Board held a meeting and voted 3-2 in favor of conducting an Environmental Impact Statement for the project.

The Delaware Riverkeeper Network has secured the expert analysis of an urban planner with 30 years of experience.  The findings are clear, the Town of Highland Planning Board needs to require a full Environmental Impact Statement, anything short is a violation of state law and a betrayal of the public trust.

The Environmental Impact Statement (EIS) process is now getting underway. It begins with a public process call “Scoping”. This is where all of the issues of concern that must be addressed in the EIS are identified. You don’t have to provide the analysis of the issue at this stage, just clearly identify the issue to be analyzed.  The Town has announced it will accept comments on the draft scoping document between November 3 and November 22. The Delaware Riverkeeper Network does not think a mere 20 days –particularly when they include travel days typically associated with Thanksgiving as well as election time — provides enough time and has submitted a comment urging the Town Planning Board to extend the comment period until December 21.  You can review the Delaware Riverkeeper’s letter here.  We are also urging others to demand this important extension of time.  

The Delaware Riverkeeper Network has submitted comments regarding the Scoping Document. You can review our comment here. Feel free to use our comment as a guide for what you may want to say in a comment you submit.

Submit your comment on the draft Scoping Document to: Ms. Monica McGil, Planning Board Secretary at email address planningboardzba@townofhighlandny.com 

–> You can review the notice regarding the public comment process by clicking here.

–> You can see a copy of the proposed document up for comment by clicking here.

–> You can read the Delaware Riverkeeper Network’s comment on the draft Scoping Document by clicking here for our November 9 Comment and by clicking here for our Supplemental November 18 comment. Feel free to use our comments to help inform what you might include in your own comments.  

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Holding tanks from an old landfill – the Barnes Landfill, has been discovered to have leaked tens and thousands of gallons of leachate to surrounding streams:

Some Basic Facts:

The site is ~223 acres and has many areas of wooded steep slopes and fronts along the Delaware River.

The Beaver Brook flows through the central portion of the site.

Much of the project site is located within the 100-year and 500-year floodplains.

Of the 342 campsites that exist currently, only 56 will remain tent campsites.  The rest will be turned into sites for RVs including with water and sewer hookups, permanent cabins, or sites with constructed glamping pods or safari type tents. 

Delaware Riverkeeper Network is working with the community fully assess and question what is being proposed.