Talking Points to Consider for Your Comment — we will be adding new points regularly, consider checking back each week for new comments you can make:

Feel free to use the language below as a guide or verbatim. New talking points will be added regularly so please check back weekly so you can offer a fresh set of comments to FERC. The more responsive comments they receive from us, the better!

FERC must end the practice of issuing Conditional Certificates and thereby allowing pipeline companies to use eminent domain in order to gain survey access to targeted properties in order to provide outstanding information needed to perfect and finalize their FERC Certificate.

NGA Section 7(h) grants eminent domain authority in order to pursue construction and operation of pipeline infrastructure projects, not in order to gather information to gather information and data necessary for project approval. Eminent Domain authority is not authorized for, nor should it be granted in order for, a pipeline company to invade the sanctity of people’s properties so the company can gather data it needs to secure finalized government approval of its project.  

FERC Must Reverse Its Decision to Limit Out of Time Interventions.

The time allowed for in time motions to intervene is often short — in some cases a matter of just 2 weeks.  A mere few weeks is not enough time for even engaged communities concerned about a project to realize they are in the unique moment when they need to intervene to preserve their legal rights. Given the level of unremediable impact inflicted by these infrastructure projects, communities Individuals, organizations and communities whose interests, properties and/or environments are going to be impacted should be treated with respect and leniency when it comes to intervention.

I urge FERC to please add hearings to ensure a full and fair opportunity for all to be heard. 

To ensure that FERC identifies a full spectrum of truly meaningful fixes to its pipeline review and approval process, and to ensure everyone has a full and fair opportunity to be heard, FERC’s Commissioners need to hear directly from the communities impacted by pipeline infrastructure and the FERC process.  I urge you to schedule a minimum of 6 hearings in affected communities across the nation. Testimony should be open to all who are interested and impacted including community members, impacted landowners, environmental advocates, and their representative organizations.

FERC’s Pipeline Review Process needs to mandate that the public interest, including property rights and the environment, be given priority over the goal of the pipeline companies for profit. 

This means giving highest priority in FERC consideration of proposed pipelines, compressors, storage facilities and LNG exports, to honoring peoples’ property rights, preventing economic harm, preventing the release of climate changing emissions that will result directly or indirectly from approval of a project, and preventing environmental degradation.

FERC should mandate a legitimate demonstration of and end use “need” for a proposed pipeline/infrastructure project before FERC will consider it for approval.

A company’s claim of “need” for their pipeline project should not be deemed justified if supported/demonstrated by contracts from the pipeline company itself, or any of its subsidiaries or business counterparts or affiliates. This assertion of need must be objectively verified by experts who are not tainted by an industry conflict of interest. 
        A claim of “need” for a project should not be deemed justified if the geographic region to be served already has gas service from other pipelines that would merely be replaced/displaced by gas delivery from the proposed project.
        Such illegitimate “need” demonstrations must be prohibited, and cannot be used to fulfill the “public use” requirements needed to support project approval and eminent domain authority. 

All applications for pipeline/infrastructure projects must include a demonstration that the energy goals to be achieved cannot be fulfilled by renewable energy options, or by existing or proposed energy sources and infrastructure (e.g. the gas is already being supplied by a pre-existing pipeline supply network).

FERC must respect the authority of other state and federal agencies by instituting a regulatory prohibition on:

(a) issuance of a FERC Certificate approving a project or

(b) FERC approvals for projects to proceed with any element of construction or eminent domain authority, until such time as all state, federal and regional (e.g. from River Basin Commissions) reviews have been finalized and any and all necessary approvals, permits, certificates and/or dockets have been granted. 

Such a prohibition is essential for ensuring that projects are not allowed to proceed until all government agencies/entities have had the opportunity to fully and fairly evaluate a project and render their own independent determinations regarding necessary approvals.  This is required to avoid the current situation where pipeline companies are allowed by FERC to proceed with eminent domain and/or construction only to find that later they have been denied some key permit and are not able to proceed to completion.  This prohibition must include the issuances of conditional FERC Certificates or approvals of any kind, because conditional approvals by FERC have resulted in projects advancing prior to securing all necessary reviews, approvals, permits and/or dockets.

FERC must proactively work to remove bias and conflicts of interest from infecting its decisionaking on pipeline and infrastructure projects. 

FERC must commit to removing bias from the decision-making process, by no longer hiring consultants with demonstrated conflicts of interest (i.e., those who are representing a pipeline company seeking Commission approval), and by prohibiting Commission staff or Commissioners from working on/deciding upon any pipeline infrastructure project in which they, or a member of their family, have a direct or indirect financial stake or have worked to represent the company within the previous five years or from whom they are seeking future employment.

FERC must end the practice of using segmentation, whereby larger projects are broken up into smaller pieces for FERC review and approval, as a means to undermine environmental and community impact reviews. 

FERC’s practice of segmentation has been firmly rejected by the courts and yet the practice continues at the agency. A prohibition on the practice is clearly warranted to make clear to agency staff and Commissioners that this violation of law will no longer be tolerated.

FERC must commit to a full and fair implementation of the National Environmental Policy Act (NEPA).

Full implementation of NEPA mandates that FERC conduct a complete analysis of the costs and benefits of every aspect of a project (i.e. not just segmented pieces) including, but not limited to, fully evaluating social justice impacts; climate change impacts of pipeline construction and operation; community, environment, and climate change impacts of increased natural gas exploration, fracking, and methane emissions that will result from pipeline infrastructure operations; economic analyses that include costs, not just asserted benefits; alternatives not limited to alternate routes but that also include alternative energy sources and the no-build option; and robust health-and-safety impact analyses.  This reform must mandate that all data gaps be filled before FERC issues a Certificate approval. This reform must mandate that all demonstrated data inaccuracies, misleading information, and/or false information be fully investigated and addressed by the applicant before FERC issues a Certificate approval.

FERC must mandate that FERC staff issue final responses to rehearing requests within 30 days, or prohibit eminent domain proceeding or the start of construction until a final rehearing request response is issued,

thereby allowing legal challenge of their decisions before a project exercises eminent domain or begins any element of construction. In addition and/or by extension, FERC must end the use of tolling orders as a response to rehearing requests. Tolling orders place people in legal limbo and prevent communities from challenging a FERC pipeline approval in the courts before property rights are taken by eminent domain;  forests are cut; and irreparable harm is inflicted on communities, farmers, businesses, the environment, public open spaces and our global climate.  

Because property owners, community groups, business owners and environmental organizations are unable to challenge a FERC Certificate approving a pipeline project until after they have submitted a rehearing request to FERC and that request has been denied or granted and the rehearing process completed, FERC has developed a strategy whereby it refuses to grant or deny rehearing requests and instead issues a decision termed a “tolling order” which merely grants FERC unlimited time to consider the rehearing request. Tolling orders are commonly in effect for a year or more. Without a final decision on the rehearing request, challengers are placed in legal limbo, unable to challenge the project until FERC renders a final yay or nay on the rehearing request.

 

FERC’s Pipeline Review Process Needs Reform!

The Federal Energy Regulatory Commission (FERC) operates as a Rubber Stamp on the pipeline infrastructure projects that come before it for review, with FERC approval being a foregone conclusion once the project goes before the FERC Commissioners for their vote. 

In addition to FERC’s rubber stamp process, FERC: 

• relies on biased consultants to advance their reviews, 
• uses tactics that prevent impacted property owners and members of the community from challenging projects before they advance through eminent domain and construction, undermining the authority of states and other regulatory agencies, 
• uses truncated reviews, as well as false and misleading information to hide the true impacts of projects, 
• fails to consider the true climate changing impacts of their projects, 
• uses tactics and strategies to prevent and/or minimize public comment, and 
• uses every opportunity to advance the goals of the pipeline companies over the health, safety and needs of our people and environments. 

On April 25, 2018 FERC opened a 60 day public comment period regarding how FERC carries out its review and approval of natural gas pipeline infrastructure. (You can read the full notice here).  The Delaware Riverkeeper Network and tens of thousands commented during the comment period.  In fact, a sign on letter by a leading coalition, VOICES (Victory Over InFRACKstructure, Clean Energy inStead) secured signatures from 32,664 individuals and organizations. See below for the VOICES letter and the Delaware Riverkeeper Networks substantive 94 page comment. 

On February 24, 2021, under new leadership from Chairman Glick, FERC reopened the public commenting period on Docket PL18-1-000 and requested answers to several specific questions, some of which are focused on climate change and environmental justice. The public notice for this commenting opportunity can be found here. Comments are due April 26, 2021.

Related

Talking Points For Docket PL18-1 – FERC Pipeline Reviews

 

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

Overview

For over 20 years the Delaware Riverkeeper Network battled against the U.S. Army Corps of Engineers proposal to deepen the Delaware River’s main navigation channel from 40 to 45 feet.   After grassroots organizing, advocacy and litigation the Army Corps finally got all of the approvals and funding it needed to start the project in 2010.  In 2019 the deepening work is still ongoing, with blasting taking place in the River in areas critical for our federal endangered sturgeon.

The deepening will have long term and enduring environmental and economic impacts on our River and region.

Economically Deepening is a Big Loser…

Three times the Government Accountability Office  questioned and/or challenged the claims of economic benefit made by the Army Corps of Engineers for its proposed Delaware River Deepening Project.  In May 2011 the Army Corps, without any public awareness or announcement, completed its 8th economic review of the project in which it once again concluded the project was cost beneficial.  Having secured a copy of this report as the result of a Freedom of Information Act the Delaware Riverkeeper Network secured an independent review which found basic and fundamental flaws in the analysis done by the Army Corps and which proves their positive economic claims for the project are over-inflated and misrepresent reality. In short, merely correcting for a fundamental and basic economic analysis flaw identified the benefit-cost ratio for the project falls to a mere 1.1 to 1, i.e. at best one can claim 10 cents of net taxpayer benefit for every $1 invested in the Delaware River deepening project.  When additional errors are taken into consideration, this figure falls even further, supporting a conclusion that when accurately assessed the Delaware Deepening project yields less than $1 of benefit for taxpayers for every $1 they invest – i.e. it is a net loss for the taxpayers and therefore cannot warrant the nearly $300 million it requires for construction.  The new analysis also showed that the ports will continue to get traffic without a deepened channel and that the Army Corps knows this.

Environmentally Deepening is a Big Loser…

When it comes to the environmental and community harms, for years, agencies and environmental experts relying on sound scientific principles have documented the depth and breadth of the threats that deepening the River poses.  Those questioning the project include: the U.S. Fish and Wildlife Service, the National Marine Fisheries Service, the Delaware River Basin Commission, the Delaware Department of Natural Resources and Environmental Control, the New Jersey Department of Environmental Protection, the University of Delaware’s Sea Grant Program, and more.

Environmentally, deepening the channel changes the movement and balance of fresh and salt water in a way that will move the salt line up river, threatening drinking water supplies and economically important oyster populations.  A multitude of species rely on the Delaware River for spawning; a changing salt line could diminish available freshwater spawning grounds that put at risk species like the Atlantic and shortnose sturgeon already in jeopardy of extinction. A changing salt line also risks the transformation of freshwater marshes, damaging the food and habitat they provide to a variety of fish and wildlife species important both ecologically and economically to the region.

A moving salt line is also a major threat to the oyster populations of the Delaware Estuary. The shifting salt line threatens significant changes, including the reintroduction of parasites and disease to the River’s oysters that in the past decimated these populations.  Oysters are vital to the ecology of the Delaware.  Oysters act as a vital food source for many of the River’s creatures and are important filters for pollution found in Estuary waters. Delaware Estuary oysters represent an important source of commercial value to the Delaware Estuary and Bay region. The annual harvest of oysters from the Delaware Estuary generates up to $80 million of annual economic benefit for the region, much of this in some of the region’s poorest communities that could not tolerate the loss of jobs, revenue and benefit if oyster populations decline.

Home to the largest spawning population of horseshoe crabs in the world

The Delaware Bay is home to the largest spawning population of horseshoe crabs in the world.  Every season, migratory shorebirds descend on Delaware Bay to feast on the eggs of the horseshoe crabs. The deepening project directly threatens the horseshoe crabs and their ability to successfully spawn in key areas in Delaware and, as a result, poses unacceptable threats to migratory birds already in decline because of a lack of needed horseshoe crab eggs. Horseshoe crabs and the migratory birds dependent on them bring a $34 million boost to the region’s ecotourism industry every year. Nationally, horseshoe crabs represent a substantial benefit to the biomedical industry, to which one pint of Horseshoe Crab blood is worth $15,000 for required testing on medical devices, vaccines and intravenous drugs, representing $150 million of annual revenue and social welfare value.

According to experts, the deepening project and associated spoil disposal will introduce heavy metals, pesticides, and other toxins into the River, reintroducing them into the environment and food chain, and putting at risk drinking water aquifers important to communities in New Jersey and Delaware.

Deepening would change water patterns in such a way that it will exacerbate erosion of wetlands. Wetlands are important ecologically, aesthetically and provide important protection during catastrophic storm events. The list of harms goes on.

Already we are hearing noises about deepening the River to 50 feet — so this is a battle that may be dormant for now but is likely to return.

Related:

Litigation: Delaware Riverkeeper, et. al. v. US Army Corps of Engineers

 

Monitoring Horseshoe Crabs, Tagging, and Rescues

Update: February 2024:

Delaware Riverkeeper Network joined Center for Biological Diversity and over 20 conservation allies to draft and submit a petition to urge the US Commerce Dept to list the American Horseshoe Crab as threatened or endangered under the federal Endangered Species Act. Horseshoe crab populations crashed due to overharvesting for bait many years ago, and have not recovered to their historic numbers despite efforts underway by conservation groups.  As a keystone species to the Delaware Bay their continued decline is extremely worrisome cuasing cascading impacts to the flor and fauana of the Delaware Bay and beyond.  Their habitat is rapidly disappearing, they continue to be overharvested for both bait and blood, and their spawning beaches are threatened by development, erosion, pollution, and climate change.

Listing American horseshoe crabs under the Endangered Species Act would provide many important protections to this species and their habitats. This horseshoe crab petition will also initiate a federal review of the species that could provide important data, research, funding, and oversight of ASMFC and state management agencies who continue to attempt to eat away at long hard protections that are science based and essential for the horseshoe crab.  Please stay tuned to this important petition effort and we will update you when it is time to write in letters to support this initial petition.

Overview

Delaware Riverkeeper Network will be out along the Bay this coming May and June for horseshoe crab monitoring work.  If you would like to possibly join us in this community science based  volunteer monitoring and tagging effort that we have been a part of each year for over two decades on the New Jersey and Delaware beaches, please contact faith@delawareriverkeeper.org

For decades, the Delaware Riverkeeper Network along with our colleagues from around the region, country and world have struggled to protect the horseshoe crabs of Delaware Bay from their continuing decline and to protect the shorebirds dependent upon them from going extinct as a result of that decline. In 2010 we had a huge success.  New Jersey passed a moratorium on the harvest of horseshoe crabs until such time as the birds dependent upon them could be deemed to have recovered.  

The Delaware Bay is critical habitat to more than 400 species of birds and migrating shorebirds. In fact, the Delaware Bay “is one of the most important stopover sites in North America for long distance migratory shorebirds.”  Each spring, at least 11 species of birds, including the red knot rufa, stop over on the Delaware Bayshore to feed on the eggs of the horseshoe crab and thereby fuel their annual spring migration. 

Available scientific studies clearly indicate large declines in shorebirds that is directly linked to decreasing shorebird weights and their decreased ability to feed themselves with horseshoe crabs eggs when they arrive along Delaware Bay beaches during their spring migration. Horseshoe crab numbers are at historic lows, resulting in low abundance and availability of horseshoe crab eggs for migratory shorebirds. As horseshoe crabs take 7-10 years to mature, we have a long way to go before historic densities of eggs will once again be found on the beaches of the Delaware Bay. The horseshoe crabs are not only vital for the shorebirds, but they currently provide an irreplaceable substance necessary for testing vaccinations and medical devices to ensure they are safe for human use.  Efforts continue to advocate the biomedical industry replaces this horseshoe crab use of blood with artificial alternatives that have been developed to further take pressure off of the struggling horseshoe crab populations.    

Peak counts of red knots on the Delaware Bay stopover have declined by 70% since 1998. Other shorebirds that rely on horseshoe crab eggs, such as ruddy turnstone, semipalmated sandpiper, sanderling, dunlin and short-billed dowitcher have also declined in number on the Delaware Bay migratory stopover. These species, together with red knots, make up 99 percent of the shorebird concentration in the Delaware Bay. All are dependent upon horseshoe crab eggs for all or most of their diet during the stopover, and all have significantly declined in population.  Sea turtles and other animals also feast on horseshoe crab eggs. 

Much of the recreation and culture of the New Jersey Bayshore is linked to the spawning of the horseshoe crabs and the annual arrival of the migratory shorebirds, including the red knot. The arrival, feasting and migration of the shorebirds supports a multi-million dollar ecotourism industry. Birding and outdoor enthusiasts from all over the world flock to the Delaware Bay shore to watch the spectacular feeding frenzy. During their visits, they buy recreation-related goods and services, stay in the region’s hotels, visit parks and patronize restaurants and local shops. According to one report, horseshoe crab-dependent ecotourism generates between approximately $7 million and $10 million of annual spending in Cape May, New Jersey alone, and creates 120 to 180 related jobs, providing an additional $3 million to $4 million in social welfare value.  According to a New Jersey Department of Fish and Wildlife report, the economic value of the horseshoe crab and migratory bird phenomenon seasonally for the Delaware Bay shore area is over $11.8 million with over $15 million of economic value generated if other beneficiaries beyond New Jersey are included. Annually, it provides $25 million in benefits to the Delaware Bay shore region and $34 million regionally. Because most of these expenditures occur in the “off-season”, they are particularly valuable to local economies. 

The continuing existence of the horseshoe crab and migrating shorebird phenomenon is vital for the related ecotourism industry. Of those surveyed, only 6.6% said that the horseshoe crab and shorebird phenomenon was unimportant to their visitor satisfaction. On average those surveyed said they would be willing to pay as much as $212.45 (in decreased annual household income) annually for a program to protect these resources; and that they would “be willing to tolerate no more than 50.7% decline in Horseshoe Crabs and migratory shorebirds before they would cease visiting the Delaware Bay shore area.” 

About the Petition

In 2005, the Delaware Riverkeeper Network led the creation and submission of a petition to the U.S. Fish and Wildlife Service (USFWS) to list the red knot (Caladris canutus rufa) as an endangered species under the Endangered Species Act.  The USFWS finally on September 30, 2013 took steps to list the Red Knot as “Threatened” under the Endangered Species Act in response to our petition.  Delaware Riverkeeper Network continued to push for “Endangered” listing through the public comment process that ended June 2014 to urge for elevation of protections.   A final USFWS listing rule of “Threatened” for the red knot was published December 11, 2014, with an effective date of January 12, 2015, triggering the full Section 7 consultation requirements of the Endangered Species Act. 

Delaware Riverkeeper Network continues to advocate, collaborate, and assist with monitoring  and tagging projects and stakeholder groups for the protection of the horseshoe crabs and shorebirds as threats emerge and continue for these essential animals that are keystone species to the Delaware Bay.   DRN currently sits on a stakeholder group as part of enforcement of the ESA and Published Biological Opinion (PBO) on the Effects of Existing and Expanded Structural Aquaculture of Native Bivalves in the Delaware Bay to watchdog the impacts that oyster aquaculture farming activities could have on red knots and the horseshoe crabs as this farming footprint operates and continues to seek to expand in the Delaware Bay

View a video from May 2014 showing horseshoe crab tagging with the Delaware Riverkeeper Network and efforts for volunteers to take part in citizen science to help the crabs and shorebirds.

 

UPDATE 2022-07-21:

UPDATE 2022-07-21: Delaware Riverkeeper Network sent a 60-day notice of intent to sue the National Marine Fisheries Service (NMFS) for violating the Endangered Species Act. These violations concern the Biological Opinions issued to the Army Corps of Engineers for the New Jersey Wind Port project and the Edgemoor Container Port project. If permitted by the Army Corps, these commercial ports could threaten the continued existence of the Delaware River Estuary’s genetically unique population of Atlantic sturgeon. According to the notice, if these projects move forward, the increase in ship traffic within the estuary will increase sturgeon deaths due to vessel strike, which could threaten the survival of the Delaware River Atlantic Sturgeon. 

UPDATE 2019-08-13:

Once again, the Delaware Riverkeeper Network has reached out to the National Marine Fisheries Service (NMFS) to urge them to take action protect the endangered Atlantic Sturgeon of the Delaware River.  Time and again we have reached out about the excessive takes of sturgeon by both the Army Corps of Engineers and by PSEG’s Salem Nuclear Generating Station. Every time they turn a blind eye. When will it stop? See the letter and horrific photos here.

Update 2019-02-26:

We always knew that the U.S. Army Corps of Engineers Delaware River Deepening Project, including its rock blasting, was a major threat to the Atlantic and Shortnose Sturgeon of the Delaware River.  It was one of our major arguments against it.  We have less than 300 spawning adults left of our genetically unique line of Atlantic Sturgeon. And we have learned new information that the deepening, as we anticipated, is taking its toll.  See the Delaware Riverkeeper Network’s most recent letter urging the National Marine Fisheries Service to do its job!

AVERTED:  Major Threat to Delaware River Atlantic Sturgeon & All Five Distinct Population Segments Across the Nation:

The morning of February 20, 2018, the Delaware Riverkeeper Network learned of a new, major threat to Atlantic Sturgeon posed by the U.S. Army Corps of Engineers.  The comment period on the proposal would close at the end of the day on the 20th. In short, the Corps wanted to dump sand and rock into a deep hole in the Delaware Bay that has been identified by scientists as critical for sturgeon foraging, growth and supporting good health that can support species reproduction.  The Delaware River population (a genetically unique line) as well as all five distinct population segments of sturgeon nationwide are known to need this site for habitat and foraging.  All 5 distinct population segments nationwide, as well as our Delaware River population, are listed under the Endangered Species Act.  The Army Corps needed permitting from the state of Delaware. The Delaware Riverkeeper Network headed up the opposition to approval of this project.  In response to the action alert DRN sent out to our members we secured 75 comments urging the state of Delaware to reject the project, or at the very least to extend the public comment period and to hold public hearings.  In response to the strong show of opposition and the facts and information we helped bring to light, the Army Corps withdrew their permit application, stopping the project in its tracks!  Thank you to all of you who responded to our call for help on behalf of the Atlantic Sturgeon.

Background & Information

There Delaware Riverkeeper has long been active in supporting designation of the Delaware River population of Atlantic Sturgeon as endangered and brought legal action to ensure the National Marine Fisheries Serviced prioritized the designation of critical habitat critical for the species’ protection.

When the Atlantic Sturgeon of the U.S. were listed under the Endangered Species Act in 2012, Distinct Population Segments (DPS) of Atlantic Sturgeon were identified.  Four DPS’ were listed as endangered (New York Bight which includes the Delaware River population, Chesapeake Bay, Carolina, South Atlantic) and the fifth DPS was been listed as threatened (Gulf of Maine).  (You can learn more about the various DPS listings here.) 

The Atlantic sturgeon has a storied history in the Delaware River watershed. 

This prehistoric fish was once an important resource for local Native American tribes with the Delaware River supporting the largest population of Atlantic Sturgeon in North America. Atlantic sturgeon are a vital part of the River’s ecosystem – past, present and future.

NMFS estimates that historically there were around 180,000 spawning females in the Delaware River population of Atlantic Sturgeon.  As a result, the Delaware River gained the title of “caviar capital of North America”. Seventy five percent of the 1890-1899 sturgeon harvest originated in the watershed and approximately 3,189,555 pounds of sturgeon were harvested over the course of just five years in the 1890’s. (Cobb, J. The Sturgeon Fishery of the Delaware River and Bay, Report of Commissioner of Fish and Fisheries (1899).) This frenzied over-harvesting quickly led to a drastic collapse of the River’s Atlantic Sturgeon population.

Habitat loss from dredging, blasting, and other deepening activities; saltwater intrusion; water pollution and poor water quality; the loss of river bottom habitat needed for spawning from coverage of silt from the coal industry; impingement and entrainment; boat and propeller strikes; and fisheries bycatch have all contributed to the Atlantic sturgeon’s continued decline and inability to recover from the historic overharvesting.  As a result of these devastating and ongoing impacts it is estimated that there are less than 300 spawning adults left in the Delaware River population of Atlantic sturgeon.

All of the above-mentioned harms and threats continue, and some have worsened, with new threats coming on line regularly.

Unique among Atlantic sturgeon

The New York Bight Distinct Population Segment (DPS) is unique among Atlantic sturgeon, and the Delaware River Atlantic sturgeon are unique among the New York Bight. The Delaware River population of Atlantic sturgeon contains a genetically distinct haplotype unique to the Delaware River. Unfortunately, this unique population is also in the worst shape; despite a decades-long moratorium on fishing, the population has been largely unable to recover because of the myriad of harmful activities and circumstances discussed above.

The importance of protecting the ancient species

The Delaware Riverkeeper Network recognizes the importance of protecting this ancient species, and has been intimately involved in its listing and the development of critical habitat. In October of 2010, DRN submitted comments on NMFS’s recommendation for endangered status, and in April and June of 2012 DRN wrote NMFS emphasizing the need to establish critical habitat and to protect the Atlantic sturgeon from the harms of the Delaware deepening project. In March of 2014 DRN filed suit against NMFS in order to secure priority establishment of critical habitat for Atlantic Sturgeon.  As the result of a legal settlement of the case, a critical habitat designation for the Delaware River was proposed and finalized, along with critical habitat for other DPS’, in 2017. 

The critical habitat designation for the Delaware River population of Atlantic sturgeon includes the Delaware River from the Route 1 Toll Bridge in Trenton downstream 137 river kilometers to Hope Creek, NJ. This portion of the river is vital to the Atlantic sturgeon’s recovery as it functions as both spawning grounds for Atlantic Sturgeon and as a migration corridor to and from the Atlantic sturgeon’s spawning grounds. This section of the Delaware Estuary contains the hard substrate, low salinity, and proper spring and fall temperatures necessary for successful spawning.  This section of River is also under past, present and increasing pressures harmful to Atlantic Sturgeon – including, but not limited to, advancement of the Rivers salt line caused by human activities which reduce the geographic scope of the spawning grounds available, dredging, in-river development, increased and ongoing pollution inputs, ship strikes and more.  The Delaware Riverkeeper Network had urged that the designation include the Delaware Bay, also critical for the species, but the final designation did not include this portion of the Delaware River system.

Related

Litigation: Delaware Riverkeeper Network , et al. v. United States Dep’t of Commerce, et al., No. 14-cv-00434 (D.D.C.)

Help Oppose the Edgemoor Port Expansion that Includes 13 Fans Operating on the Riverbed Threatening Water Quality and Fish

Diamond State Port Corporation is asking the US Army Corps of Engineers and the State of Delaware to approve their new port expansion at the old Dupont Chemours Edgemoor manufacturing facility along the the Delaware River in New Castle County, DE in order to create a multi-use containerized cargo port to service deep draft vessels.

The project includes dredging and deepening to create a new 45 foot deep access channel from the main navigation channel to the port facility resulting in 3,325,000 cubic yards (cy) of dredged spoils for disposal.  Maintenance dredging will result in an additional 500,000 cy of dredge spoils annually.  10% of the spoils would be used for fill onsite or other purposes, the rest would be disposed of in Army Corps confined disposal facilities (CDFs) including Wilmington Harbor North, Wilmington Harbor South, Reedy Point North and Reedy Point South. 

The project includes construction of a ~2600-foot long, pile-supported wharf and steel sheet pile retaining wall (bulkhead) along the landward side of the wharf structure. Construction of the bulkhead will require the discharge of fill material into 5.5 acres of river bottom. The wharf will be supported by 4500 twenty-inch diameter steel pipe pilings filled with concrete.

About the 13 fans in the River 

The project includes installation and operation of 13 fans in the River that pose a risk to aquatic species including the impingement or entrainment of fish, eggs or larvae, and/or the blowing of sediment that threatens to smother river bottom habitats, sessile species or cause sediment plumes in the water column that could choke or displace fish.  The 13 fans would be placed every 200 feet along the riverfront face of the wharf. Each fan would be used to blow sediment from approximately 160 feet of riverbed  in an effort to reduce the volume of maintenance dredging required for the project. The fans will operate by drawing water into the top of a 48-inch diameter “J-shaped” tube, passed through a hydraulically powered pump impellor, that is then discharged as a jet along the bottom of the River. The fans will rotate at speeds on the order of 275 revolutions per minute. The fans will include a 4-inch screen at their larger intake end and an open space of 1.5 feet between the blades. The fans will direct the discharge jet in the direction of tidal current flow. Each fan will run 4 times a day for 30 minutes (twice during the flood tide and twice during the ebb).

Previous proposals to use similar fans were opposed by fishery experts due to the serious threat to aquatic life and were withdrawn before a final decision was made.  There is particular concern about the federal endangered sturgeon of the River and Striped Bass.

The Concern

Fishery experts, and the Delaware Riverkeeper Network are tremendously concerned about the sediment plume blown out by the fans smothering river bottom habitats, potentially smothering sessile critters laying on the river floor, impinging fish, eggs or larvae on the intake screens or entraining (cutting up) fish, eggs and larvae that will be drawn into and through the fans and their blades.   There are also concerns about the impact of the sediment plume on fish and water quality – potential choking from the plume of sediment or forcing fish to redirect their movements in reaction to the plume in ways that could impact them.

The Army Corps initially only provided 30 days, during a pandemic and the month of August to comment.  Many of you responded to our call to urge the Army Corps to give more time to comment.  While they did so after the original comment period had expired, in the end the Army Corps did give more time to comment.  Delaware Riverkeeper Network is working to secure information and documentation on the project so we can put together informed comments for the Army Corps record.  You can find our initial comment to the Army Corps here.

In addition, on August 23rd, the state of Delaware issued its public notice for the project, providing easily accesible documents online, scheduling a public hearing for the evening of September 29 at 6 pm, and providing a comment period that will extend until November 1.  You can find DNREC’s information online at this link.

Success

And we have already achieved a big success.  While orignally the Delaware River Basin Commission had proposed passage of a resolution that the Commission’s review of the Port of Wilmington Edgemoor Expansion project for consistency with the Comprehensive Plan may be accomplished largely within the context of the coordinated permit processes led by the Delaware Department of Natural Resources and Environmental Control and the U.S. Army Corps of Engineers” — essentially watering down DRBC’s own decisionmaking authority, its comment process, and the need for a DRBC docket — the Delaware Riverkeeper Network urged the Commissioners at their August 2020 public hearing to vote no on this resolution and instead commit to undertaking its own independent review of this project.  SUCCESS!  On September 10, the DRBC Commissioners pulled the resolution from the proposed agenda for a vote and instead committed to maintaining its full authority, review process and need for a DRBC docket. 

UPDATE 2022-07-21:

Delaware Riverkeeper Network sent a 60-day notice of intent to sue the National Marine Fisheries Service (NMFS) for violating the Endangered Species Act. These violations concern the Biological Opinions issued to the Army Corps of Engineers for the New Jersey Wind Port project and the Edgemoor Container Port project. If permitted by the Army Corps, these commercial ports could threaten the continued existence of the Delaware River Estuary’s genetically unique population of Atlantic sturgeon. According to the notice, if these projects move forward, the increase in ship traffic within the estuary will increase sturgeon deaths due to vessel strike, which could threaten the survival of the Delaware River Atlantic Sturgeon.

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. 

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°.

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. 

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

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.

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.

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.

Overview

Hamilton Township (Mercer County), New Jersey – Synnergy Solar, LLC is proposing to construct a 4.1 MW solar array field on a 38.2 acs site located at the confluence of the Assunpink Creek and its tributary, the Miry Run.

While the Delaware Riverkeeper Network (DRN) is a strong and out-spoken advocate for solar energy, the selected location of this streamside project has raised concerns. Prior land uses at this site were industrial and farming.   Today, however, the site is covered with a successional forest, wetlands and some potential vernal pools.  If constructed, nearly 60% of the solar panels would be located in the protected, forested riparian buffer area and would require the cutting of 820 large trees ((10” diameter breast height (DBH).)) Those large trees will be mitigated for, but all the other critically important plants (i.e smaller trees, shrubs and ground cover) that make-up a riparian buffer and provide the water quality, flood protection and wildlife habitat benefits will be lost and not accounted for after construction.

The applicant has made some accommodations reducing the riparian buffer impact from 12.5 acs. to approximately 11.5 acres. That is still a lot and still well into the regulatory protected zone.  As a result, the applicant is still seeking waivers for Hamilton Townships Stream Buffer Conservation Zone and the Forest Preservation Ordinance. DRN has retained the stormwater engineering expertise of Princeton Hydro to more fully assess the total and cumulative impact this project, if allowed to proceed as proposed, would have on impacted streams and downstream flooding.

GET INFORMED

The proposed development application, waiver request, Environmental Impact Statement and other relevant documents are available for public viewing in the links below. Please review and bring your questions and concerns.

The Synnergy Solar project will next be heard by the Planning Board at 7:00PM on January 24, 2019.

Hamilton Township will experience the environmental impacts of this project, but the economic benefit will go elsewhere – the electrical power generated by Synnergy is contracted to the Ewing Lawrence Sewer Authority’s treatment plant.  While the Delaware Riverkeeper Network is a strong advocate of clean energy, including solar, it cannot come at the expense of the natural streams that sustain us and our environment.  There are many good locations where solar can be placed, in a place that requires extensive cutting of a riparian forest cannot be one of them.

Overview

Delaware Riverkeeper Network’s local allies, the Darby Creek Valley Association submitted a stream upgrade petition to the PADEP for sections of the Whetstone Creek, a tributary to the Darby Creek located in Marple Township, PA. This tributary is one of the last remaining forested streams of the highly urbanized Darby Creek Watershed. DRN has been helping the community to push and support this stream upgrade petition to ensure this diverse tributary is protected as it deserves. Whetstone flows through beautiful Marple Woods where the community has enjoyed recreating for decades. The large majestic beech trees and forest that remains is rare for Delaware County and efforts are underway to work to protect this habitat for permanent open space. 

Related

Beaver Creek, Delaware County, PA

Geryville Quarry (Dormant)

Tohickon Creek

Upper Delaware Regional Upgrade Petition to PA DEP

Upper Perkiomen Regional Stream Upgrade Petition

Upgrade Petition for the Hosensack Creek