Overview

PJM Interconnect, a regional transmission organization (RTO) with representation from the power industry, is poised to recommend advancement of a new 500kV Transmission Line to address electrical stability issues at the Salem and Hope Creek nuclear plants located on Artificial Island, Salem County, NJ.  

Impact

The project being recommended by PJM would adversely impact an astoundingly high number of important ecological resources including: 

    the Delaware River 
    Supawna Meadows National Wildlife Refuge 
    Alloway Creek Restoration Site 
    Abbotts Meadow Wildlife Management Area 
    Mad Horse Creek Wildlife Management Area 
    emergent wetlands (35 crossings with a likely 200 foot right of way cleared) 
    freshwater-forested wetlands (27 crossings with a likely 200 foot right of way cleared) 
    freshwater scrub-shrub wetlands (11 crossings with a likely 200 foot right of way cleared) 
    freshwater ponds (11 crossings) 
    estuarine and marine deepwater/wetlands (35 crossings) 
    59 waterbodies including Alloway Creek, Mill Creek and tributaries 
    4 federally-listed endangered or threatened species 
    30 state-listed endangered or threatened species 

Challenging Advancement of the Proposal

The Delaware Riverkeeper Network was among the first to go on record challenging advancement of the proposal.

On July 23, 2014, just after the proposed meeting where this proposal was to be voted on by the PJM board, a letter was released by the Board which included the following:

“The Board appreciates the analyses and comments submitted by various stakeholders through an entirely new competitive process guided by FERC Order 1000.  To ensure a thorough and fair review, given the complexities of the issues, the Board has determined that it will take the matter under advisement and defer selection at this time.”

But now a new proposal has been submitted — with modifications but alot of similarities so we have submitted updated comment.  See below for the latest.

Overview

On October 27, 2015, PPL Electric Utilities filed an application with the New York Independent System Operator (NYISO) to build a major new transmission powerline. The first 95 mile segment would run between Blakely (Lackawanna County), PA and Ramapo, NY and would cost up to $600 million. The 345-kilovolt transmission line would link the PJM Interconnection and the New York Independent System Operator. 

In addition to NYISO, Approvals will be required from Pennsylvania Public Utility Commission, the New York Public Service Commission, PJM and from state and federal agencies regarding environmental impacts. 

PPL proposes to put the first segment into service by 2023. The full project would run 475 miles from western PA to southeastern, NY and would cost up to $4 billion according to recent reports. 

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 Susquehanna-Roseland Transmission Lines (SR) consists of 150’ tall monopoles stretching from Susquehanna, PA to Roseland, NJ crossing over three different National Parks, including the Delaware Water Gap National Recreation Area, The Middle Delaware National Scenic and Recreational River and the Appalachian National Scenic Trail. The route through the parks followed the route of a transmission lines that had been in existence for decades. Of course, the SR poles ranged from 2 to 3 times the height, had red flashing lights on top of the poles and required a much wider forests and ground-cover to maintain the Right-of-Way. How, you may ask, is this a success? The answer is that thanks to the huge up-swell of outrage from the public, seeing 7500 petition signatures and the well-organized environmental advocacy partners, PSE&G and PP&L, the two power company applicants, ended up compensating the National Park Service a total of $66,000,000 when it first offered only $40,000,000. The mitigation fund, among other benefits to the parks and region, permanently preserved 2,000 acres of open space.  Additionally, DRN leverage this success as a critical “story telling” of a different advocacy battle to challenge the Trump Administration in their attempt to weaken the National Environmental Protections Act (NEPA). It was directly through the lengthy and mandatory investigative NEPA process where the total and cumulative impacts of the SR project materialized.  

Overview

DRN filed comment to PADEP in response to Holbert’s conditional use permit application for the expansion of their operation despite habitual permitting violations.  DRN requested a public hearing.  Prior to the DEP’s decision, the Upper Delaware River National Park Service entered into negotiations with Holbert and requested DRN to hold back our demand for the hearing.  The NPS described the tentative negations that Holbert would only be able to have a total of 5 acres disturbed at one time, would acknowledge that they are, in fact, in the Upper Delaware River Management Planning district and that these negotiated terms would be written into their DEP permit so they would contain a higher degree of enforceability.  DRN complied with the NPS request and will continue to closely follow this issue.  There are other blue stone quarries and other potentially detrimental land uses, such as large-scale foresting, that could try and follow the same path as Holbert.  It’s a positive result if the NPS can negotiate these terms.

About the Holbert Quarry

The Holbert Quarry, located in Lackawaxen, PA and within the Upper Delaware River Wild and Scenic designated area, has been granted permission by the town to expand their quarry in violation of the Upper Delaware River Management Plan.  Pennsylvania DEP is now reviewing the quarry’s permit application.  The Delaware Riverkeeper Network has urged the state to schedule a public hearing be held prior to the  before any decisions are made regarding issuance of a permit for the Holbert Quarry to conduct noncoal surface mining activities in Lackawaxen Township pursuant to the Noncoal Surface Mining Conservation and Reclamation Act and the Clean Streams Law.

A Significant Threat

The Delaware Riverkeeper Network believes the Holbert Quarryand proposed operations under consideration for permitting pose a significant threat to the water quality, environments, aesthetics and health of the Delaware River and the River Corridor.
 
The Delaware Riverkeeper Network was among those that worked so diligently to support and secure Wild and Scenic designation of this reach of the Delaware River; a designation granted in direct response to the quality, health and beauty of this reach of the River.  And we were leaders in the effort to secure the Special Protection Waters designation that was granted in direct response to, and in order to protect, the high quality waters that have been shown, through years of careful data collection and research to exist in this portion of the River. 
 
As documented by the Upper Delaware River Management Plan (RMP), the current footprint of the quarry is clearly within the Wild and Scenic River Corridor.  The Commonwealth of Pennsylvania is obligation by Executive Order 2003-5 and through its membership on the Delaware River Basin Commission to take actions, including making decisions that are consistent with “the goals, policies, and objectives of the Upper Delaware Scenic River Management Plan.  And pursuant to the Clean Streams Law and Clean Water Act it has an obligation to protect the high quality waters of the Upper Delaware, protecting the quality of those waters from degradation.

The Proposed Quarry Operations

The proposed quarry operations will require clear cutting of forests, blasting, crushing of stone, and increasing truck traffic all of which will result in increased polluted runoff, noise pollution, air pollution, water pollution, and the industrialization of now natural landscapes.  A minimum of 40 acres will be affected and pollution inputs are proposed for a tributary and to the Delaware River.  The proposed quarry operations will result in land disturbances in the River Corridor and pollution inputs into this reach of the River that will degrade the existing high quality waters and environments of the River in contradiction to the goals of the Management Plan, and state and federal water quality protection laws.  Protecting the high quality waters and healthy environments of the Delaware River’s upper reaches are of high priority concern to the Delaware Riverkeeper Network and our members and is deserving of careful examination at a public hearing. 
 
This reach of the River and its tributary, the Lackawaxen, are irreplaceable for supporting recreation and ecotourism vital to the region.  Damaging the forests, wildlife and water quality that are what attracts and sustains ecotourism and recreational visits to the region undermines the protections and goals embodied and articulated in the Upper Delaware River Management Plan and are issues of high priority concern to the Delaware Riverkeeper Network and our members and are deserving of careful examination at a public hearing.

The Endangered Species 

The Dwarf Wedgemussel is an endangered species put at risk by the pollution inputs and land disturbance caused by the proposed quarry operations.  Pollution, siltation and temperature changes that could result from the changed landscape and mining operations are of high priority concern to the nation and the Delaware Riverkeeper Network and are deserving of careful examination at a public hearing. 
 
That the operators of this facility have already been found in violation of previous permits and approvals is another major concern that needs public airing.  A failure to comply with the approvals and permits already provided operators is a critical issue and gives an obvious glimpse through the window of the future if additional permits and approvals were to be given. 
 
What is being proposed is a heavy industrial use, a kind of Use specifically prohibited in the River Management Plan, and as such there is significant precedent that is being laid with the decision made for this operation.  A careful examination in the context of a public hearing is more than appropriate in this precedent setting regard, it is necessary.

The Communities

Communities lower down on the Delaware River already experience extreme flood damages resulting from the rainfall and runoff that occurs up river.  Any activities that remove forest cover and increase runoff contribute to the volume of water that causes these damages.  A careful assessment of the pollution and runoff impacts the deforestation and land compaction resulting from the proposed operations will have on downstream communities is worthy of careful examination in a public hearing context. 
 
The Delaware Riverkeeper Network has been working for over two decades to protect this reach of the Delaware River and its tributary streams.  We have members throughout the region that rely upon, appreciated, respect and appreciate the health and beauty of the Upper Delaware River and its watershed.  We respectfully request a public hearing be held on the Holbert Quarry permit applications before any decision

Overview

The Delaware Water Gap National Recreation Areas (DWGNRA) is a tremendous natural and recreational asset.  People from all over the region and nation come to visit our beautiful Delaware River and enjoy all the DWGNRA has to over.  The approximately 4 million visitors each year include a wonderful diversity of people spanning all ages, incomes, ethnicities and race – it is that diversity of enjoyment that are among the greatest values our River offers.  The ecological health and low level development within and around the DWGNRA has been key to the exceptional water quality and ecosystem health of the Delaware River and its tributary streams – supporting its Special Protection Waters status that benefits our entire watershed.

About the Proposal

A proposal has been made to add the DWGNRA to the National Park system. Specifically the proposal, according to A Draft Proposal to Create the Delaware River National Park and Lenape Preserve, is to:

The existing federal public lands within the existing National Recreation Area will be re-designated in part as the Delaware River National Park and in part as the Lenape National Preserve. No lands or other donations from the nearby states of New Jersey, New York, or Pennsylvania are required, although the states are encouraged to cooperate and collaborate in the way they determine best for their citizens and for all Americans. The National Park and Preserve is authorized to accept or acquire additional lands from willing sellers and donors to enhance large landscape scale connectivity, to address climate adaptation, to create wildlife corridors, and watershed protection, and to provide recreational equity for the millions of Americans living in urban and suburban areas within a day’s travel. The Lenape Preserve will receive priority for the addition of new lands until the amount of acreage used in the creation of the Delaware River National Park has been replaced by those new lands acquired from willing sellers or donors.

The Lenape Preserve will continue to maintain all the authorities for ecological management invested in the original National Recreation Area. The Delaware River National Park will be managed according to the best available science and the management policies of the National Park Service. Both the Delaware River National Park and the Lenape National Preserve will be managed in the highest tradition of the National Park Service to achieve a resilient landscape, aid in climate change adaptation, provide the infrastructure and facilities needed to manage the visitation, provide for the nature based and history-based recreation, and to create recreational equity for the many millions living nearby and for all Americans and visitors from abroad.

The Delaware Riverkeeper Network is concerned about the impacts of this proposal and does not currently support securing national park status for the DWGNRA.

Our comments on the draft proposal when first put forth, as well as recent letters communicating our position to the proposal steering committee and the Delaware River Basin Commission can be viewed below.

Overview

The forests of the Delaware River Watershed are under constant threat. The important natural benefits of intact and healthy forests to the Watershed are recognized by scientists, agencies, wildlife and outdoor enthusiasts, and the general public who have invested heavily in their protection. The New Jersey Legislature passed S1085/A2837 that would allow commercial logging in State forests in June 2013 despite strong public opposition. We are asking Governor Chris Christie to veto the Logging Bill.

Important and Irreplaceable Filter

Whether seen as an important and irreplaceable filter that cleans our water and air, as a key carbon sequester that helps combat global warming and climate change, as a home to flora and fauna, an economic amenity due to their intrinsic value or valued for any of the many environmental and social benefits that forests provide, forests are truly our protector and, in turn, they need our protection.

Many threats to our forests require daily battle such as the removal of invasive species and protection from degradation by human activity. One such threat is logging of our public forests that is being promoted by legislation in New Jersey, S1085/A2837. The Assembly passed the bill by a slim margin, sending the legislation to the Governor’s desk. A coalition of environmental groups has asked the Governor to veto the bill which would allow commercial logging on public lands. If signed, the legislation would open up some of the most environmentally sensitive areas in our state to logging. The bill requires that a “forest stewardship” plan be prepared for each state park. Organizations are concerned that the bill would hurt our open spaces, biodiversity in our forests, public access, and pristine resources people have worked for decades to protect. Groups have banded together asking the Governor to veto the logging bill for the sake of the State’s forests, the life and natural resources that depend on these healthy forests, and the taxpayers’ investment in preserving them.

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.

Overview

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.

Two Bridge Projects

PennDOT is pursuing two bridge projects over Tributaries of Tinicum Creek at Tettemer and Cafferty Roads in Tinicum Township, Bucks County, PA.  
  
The Tinicum Creek basin is designated as an Exceptional Value stream because it has very high quality waters and healthy habitats.  As a result, the law requires that the water quality of the Tinicum and its tributaries be maintained and protected. 

The two bridge projects being proposed and pursued by PennDOT will result in water quality, habitat and other degradation of the Exceptional Value streams that comprise the Tinicum Creek.  In addition to the damaging nature of the work to be done, when PennDOT submitted materials for the two bridge projects it represented that each of these projects would result in less than one acre of disturbance – the result was that PennDOT was granted waivers from having to pursue certain Clean Water Act permits (NPDES permits).  But, expert reviews conducted by the Delaware Riverkeeper Network with the support of our local members now prove that in fact each of the projects disturbs more than one acre of land, and as a resultNPDES permits are required by law.  That means that PennDOT is pursuing these two projects without the permits required by federal law. 

Not only is the implementation of these projects without the necessary permits a violation of law, had this permitting been pursued there would have been more careful reviews into the degradation these two projects would inflict on the Tinicum Creek because of its Exceptional Value status.

DRN 

The Delaware Riverkeeper Network has been pursuing several legal pathways in an attempt to protect the creek.

The first was to file for an injunction to try to stop the project until necessary permits were obtained — that effort was well fought but ultimately failed.

Second and concurrently the Delaware Riverkeeper Network filed the legal notice necessary to pursue a Clean Water Act challenge to the project.  

Related

Sheephole/Headquarters Road Bridge

PennDOT Bridge Projects Damaging Special Protection Streams

Overview

The Delaware Riverkeeper Network continues to monitor and challenge ongoing bridge replacement projects near sensitive streams in the Delaware River Watershed. 

The Tinicum Creek basin is designated as an Exceptional Value stream because it has very high quality waters and healthy habitats.  As a result, the law requires that the water quality of the Tinicum and its tributaries be maintained and protected.  Despite that, PennDOT has been pursuing a number of damaging bridge projects, evading the requirements of the law that would avoid or minimize harms.

Sheephole Bridge

After witnessing degradation of the Little Tinicum Creek from two PennDOT bridge replacement projects along Headquarters Road in Tinicum Township the Delaware Riverkeeper Network is closely monitoring developments for the Sheephole Road Bridge over the Tinicum Creek. Documents obtained by the DRN indicate PennDOT may be moving toward replacing the current historic structure with a two lane bridge. 

The current one lane bridge is considered the 4th oldest bridge in Bucks County and one of the oldest bridges in Pennsylvania. Many local residents want to keep the crossing at one lane. Construction of a new bridge could lead to more erosion and silt being dumped into the Tinicum Creek, an exceptional value stream as well as increasing the runoff of pollutants from the roadway. 

Jugtown Hill Road Bridge

DRN supported efforts by local residents to try and block the demolition of the Jugtown Hill Road Bridge. Bucks County and PennDOT officials moved ahead with demolishing the bridge in late April despite opposition from local residents. The bridge was located within the Delaware Canal State Park, a national historic landmark. The Delaware Riverkeeper Network conducted an outreach to federal and state officials to determine if an appropriate review of the historical value of the bridge had been conducted.

Tettemer & Cafferty Road Bridges

PennDOT has been pursuing and carrying out two bridge projects over Tributaries of Tinicum Creek at Tettemer and Cafferty Roads in Tinicum Township, Bucks County, PA.  
 
Tinicum at Cafferty Rd Bridge.jpgThe two bridge projects being pursued by PennDOT resulted in water quality, habitat and other degradation of the Exceptional Value streams that comprise the Tinicum Creek.  In addition to the damaging nature of the work done, when PennDOT submitted materials for the two bridge projects it represented that each of these projects would result in less than one acre of disturbance – the result was that PennDOT was granted waivers from having to pursue certain Clean Water Act permits (NPDES permits).  But, expert reviews conducted by the Delaware Riverkeeper Network with the support of our local members now prove that in fact each of the projects disturbs more than one acre of land, and as a result NPDES permits are required by law.  That means that PennDOT pursued these two projects without the permits required by federal law. 
  
Not only is the implementation of these projects without the necessary permits a violation of law, had this permitting been pursued there would have been more careful reviews into the degradation these two projects would inflict on the Tinicum Creek because of its Exceptional Value status. 
  
The bridge projects expanded the sizes of the existing bridges, resulting in polluting land disturbance.  In addition, the Cafferty Road site included approximately 330 linear feet of retaining wall along Sundale Creek, a tributary to the Tinicum.  The proposed retaining walls encroach into the active channel of the creek, narrowing it, constricting stream flow, and increasing instream velocity.  The ramifications will be to change the flow of the creek in such a way that it could result in increased erosion, sedimentation, degraded water quality and harmed stream habitats.  Tettemer also includes damaging instream and stream side work that could cause similar harms.  
  
According to the Delaware Riverkeeper Network’s stream restoration expert: 
  
 “…it is my professional opinion that proposed plans for the Headquarters Road – Cafferty Road and Headquarters Road – Tettemer Road bridges do not adequately address antidegradation standards for EV streams, and that if implemented as proposed will result in unmitigated water quality impacts and a permanent loss of habitat. “
  
Through advocacy and litigation, the Delaware Riverkeeper Network has been working to enforce the requirements of the law – both directly by legally challenging the PennDOT projects, but also by pressing the Pennsylvania Department of Environmental Protection to step in and do its job to enforce applicable environmental protection laws. 
  
As videos show, the ongoing construction is having adverse effects on this stream.  Run off from the construction has traveled down Headquarters Road and eventually put more sediments in the stream. Low flows have made it difficult for wildlife such as Great Blue Herons to forage for food.    
  
This project should have received an anti-degredation permit from the Pennsylvania DEP.  PennDot didn’t bother to get one and PADEP didn’t bother to enforce the law — the result has been damage to the stream and the community. Dry Little Tinicum Creek, Runoff

Related

Tinicum Creek Bridge Projects Challenged

Sheephole/Headquarters Road Bridge