Update 2025-04-01:

The US EPA announced that that it will “finalize a rule revising outdated water quality standards for 38 miles of the Delaware River between Philadelphia and Wilmington” and that the final rule will “prioritize clean water to support aquatic life and benefit those living, working and recreating in Delaware, New Jersey and Pennsylvania.”

This announcement confirmed the dissolved oxygen standards for the Delaware River and Estuary would be delayed from their expected date but would still be issued in a delayed but timely fashion. No exact time line has been issued but the Delaware Riverkeeper Network continues to advocate for the highest possible standards while we await the final rule. Read the full press release HERE

Update 2024-10-24:

Delaware Riverkeeper Network Files Lawsuits Against The States of New York, New Jersey, and Delaware For Failing To Uphold Their Legal Obligations to Protect the Atlantic Sturgeon

On October 24, 2024, Delaware Riverkeeper Network and Hudson Riverkeeper filed suits against the states of New York, New Jersey, and Delaware to address the illegal capture and killing of endangered Atlantic Sturgeon by commercial fishing operations. Commercial fisheries approved and permitted by the three states have caused Atlantic Sturgeon to be caught, harmed, injured, and killed as bycatch. The level of scientifically documented bycatch, as well as a recognition that high levels of bycatch are unaccounted for due to a lack of required monitoring is leaving the future of these ancient creatures in perilous question, according to the organizations. 

The two organizations held a press conference to address questions on the filings, which can be viewed here: (New York, New Jersey, Delaware). Read the full press release here.

On July 18, 2024, the Delaware Riverkeeper Network and the Hudson Riverkeeper joined forces to submit notices of intent to sue for the illegal killing of Atlantic Sturgeon to New York, New Jersey, and Delaware. The notices describe how Atlantic sturgeon are being killed in high and unaccounted for numbers without required permitting or approval pursuant to the Endangered Species Act in each of the three states. Read more on the notice here. 

Update 2024-10-02:

Delaware Riverkeeper Network Files Lawsuit Against US EPA: Claims Agency’s Delayed Release of Water Quality Standards Essential for Protecting Endangered Sturgeon & Other Aquatic Life Violates the Clean Water Act

On October 2, 2024, Delaware Riverkeeper Network filed a complaint in the U.S. District Court for the Eastern District of Pennsylvania against the US Environmental Protection Agency (EPA) for its failure to finalize dissolved oxygen standards essential for protecting the Delaware River’s endangered population of Atlantic Sturgeon and other aquatic life. The lawsuit was filed after the government was given a 60-day notice of the Delaware Riverkeeper Network’s intent to file the suit if action was not taken to resolve the legal violation. Read the full press release here.

To find out what you can do to help the Atlantic Sturgeon today, visit dinointhedelaware.org.

Background & information

The Delaware Riverkeeper Network has defended the genetically unique population of Atlantic Sturgeon, found only in the Delaware River, for over a decade. We have advocated for the designation of the Delaware River population of Atlantic Sturgeon as endangered and have brought multiple legal actions to ensure that federal and state agencies uphold their obligations to protect this prehistoric species.

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.

The National Marine Fisheries Service (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 Delaware River watershed (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.

The Atlantic Sturgeon are facing threats from every angle. 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 250 spawning adults left of the Delaware River population of Atlantic Sturgeon.

To find out what you can do to help the Atlantic Sturgeon today, visit dinointhedelaware.org.

Our Atlantic Sturgeon are unique

When the Atlantic Sturgeon of the U.S. were listed under the Endangered Species Act in 2012, a 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 has been listed as threatened (Gulf of Maine).  (You can learn more about the various DPS listings here.) 

While the New York Bight Distinct Population Segment (DPS) is unique among Atlantic Sturgeon,  the Delaware River population of Atlantic Sturgeon are unique among the New York Bight. The Delaware River population of Atlantic Sturgeon contains a genetically distinct haplotype unique to only the Delaware River. Meaning, this population of Atlantic Sturgeon are found nowhere else in the world but in our 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.

Our Work

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. Since the earliest days of our organization in 1988, the Delaware Riverkeeper Network has been a staunch advocate for the protection of the Delaware River’s genetically distinct population of Atlantic Sturgeon. In October of 2010, DRN submitted comments on NMFS’s recommendation for endangered species 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.

Holding government accountable

On more than one occasion, the Delaware Riverkeeper Network has held state and federal agencies accountable for their crimes against the prehistoric fish. We have sent urgent letters and rallied the environmental community on behalf of the Sturgeon, we work constantly to not only educate the public but also involve them in the fight for the Sturgeon.

Whether it be preventing the U.S. Army Corp of Engineers from dumping on critical habitat, urging the National Marine Fisheries Services to protect the species from excessive takes from dredging projects, battling the Salem Nuclear Generating Station for its intake system that kills over 14 billion fish at all stages of life including the Atlantic Sturgeon, or suing state and federal agencies for putting the fish at risk of vessel strike or bycatch (and thus violating the Endangered Species Act), the Delaware Riverkeeper Network has been and continues to be the Atlantic Sturgeons’ #1 advocate.

Raising our voices

The Delaware Riverkeeper Network has led many public awareness campaigns to educate the community on the plight of the genetically unique population of Atlantic Sturgeon of the Delaware River.

In November of 2022, Delaware Riverkeeper Network held a funeral march for the loss of 350,000 Atlantic Sturgeon of the Delaware River. Over 50 demonstrators, including activists, Indigenous leaders, community members, and environmental advocates from across the watershed gathered at Philadelphia City Hall to demand better protections for the Sturgeon by government agencies.

As a continuation of the Atlantic Sturgeon Funeral, in June of 2023, Delaware Riverkeeper Network hosted the “Last Baby Shower for the Delaware River Atlantic Sturgeon”. Over the course of the two day event, activists and volunteers canvassed the lawns of Independence Hall and the streets of Philadelphia to alert the public once again to the Sturgeon’s dire situation, while at the same time gathering signatures for a message directed at the National Marine Fisheries Service (NMFS), US Environmental Protection Agency (US EPA), and Delaware River Basin Commission (DRBC) urging immediate and specific protective action for the nearly extinct population.

Related

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

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

3/19/14 UPDATE

DEP presented their final report and recommendation (no change) to the EQB on March 18th.  Delaware Riverkeeper Network, Perkiomen Trout Unlimited and Lower Milford presented testimony and photos of the Upper Perkiomen region in support of the petition.  The DEP’s recommendation of no change in the designation of the Upper Perkiomen was approved by the EQB after a long discussion with much questions and answers from the petitioners, the DEP, and the Board. The petition is now closed. However, the extensive advocacy (by co-petitioners, local municipalities, member organizations of the Campaign for Clean Water, and other allies) at the EQB level met with some success and was evidenced in the close questioning of DEP during the meeting.  The petitioners also garnered strong support and letters from legislators including Sen Bob Mensch, Rep Greg Vitali (who sits on the EQB), Senator Pat Brown, Rep Kessler, Rep Simmons, and Rep Toepel.  (Senator Wonderling – no longer in office also supported the petition).   Importantly, an unprecedented waiver of  the two year wait time to submit new data and or a revised new petition was granted.  In addition the petitioners were successful in urging the Fish and Boat Commission to perform trout surveys in the coming months to determine if sections of the upgrade area are deserving of Class A designation. 

On March 18, 2014, co-petitioners including Delaware Riverkeeper Network, Perkiomen Trout Unlimited, and Lower Milford Township presented to the PA Environmental Quality Board in support of the Upper Perkiomen stream upgrade redesignation petition that was submitted in 2008. They highlighted community support for the petition and qualifiers they believe make the Upper Perkiomen deserving of Exceptional Value designation. They also included photos of the region as they presented before the EQB which are part of this presentation.

Upper Perkiomen Petitoner Presentation and Photos at EQB Mtg from Delaware Riverkeeper Network

**2/17/14 UPDATE

Delay helps keep the Upper Perkiomen Petition in Play for Now But Action Could Be Taken to Deny The Perkiomen Exceptional Value Designation as Soon as March 18th if EQB takes it up at Their Next Meeting

On February 11, 2013, DRN received notice from DEP that the Department finalized their draft report on the Upper Perkiomen redesignation petition and was denying all upgrades to all segments of the Upper Perkiomen.  DEP planned to present their final report to the EQB for the Upper Perkiomen petition at the Feb 18th EQB meeting.   DRN and co-petitioners submitted extensive comments  in November last year urging DEP to consider more data and information submitted before killing the Upper Perkiomen upgrade petition.   Despite comments from DRN and co-petitioners, Lower Milford Township, letters from Rep Simmons and Senator Mensch and over 80 letters in support of the petition submitted, DEP finalized their draft report (below) which denied any upgrades to the Upper Perkiomen – leaving all designations as status quo.  And DEP gave DRN only seven days notice that they were presenting their report to the Environmental Quality Board at the Feb 18th, 2013 meeting in Harrisburg to move the petition one step closer to failure.

But the Upper Perkiomen got a last minute reprieve on Feb 17th after requests from Rep. Greg Vitali (who sits on the EQB) DRN, Trout Unlimited, and other co-petitioners requested DEP Secretary Chris Abruzzo and Chair to the EQB remove the Upper Perkiomen from the EQB agenda on Feb 18th.  Hearing us, Secretary Abbruzzo contacted DRN on the Presidents Day Holiday and tabled the Upper Perkiomen agenda item for the time being.  But the next time the EQB could take the petition up could be as soon as March 18th at the next regularly scheduled EQB Meeting so continued pressure to reverse this decision is needed and continuing by DRN and others who want to see the Upper Perkiomen upgraded to Exceptional Value. We are urging the EQB to give us more time to collect additional data and information and to urge the EQB that if DEP brings the petition to the Board, EQB members request DEP hold off on finalizing the petition and encourage more data collection and review and consideration of co-petitioner information that was submitted.  

Perkiomen Creek Current.jpgDiagram shows the current segmented designated uses for the Upper Perkiomen Basin.  Green Lane Reservoir is a major drinking water source for the surrounding region. 

History:

Stream data collected by Delaware Riverkeeper Network and Stroud Water Research Center indicate that the Upper Perkiomen Watershed located in parts of Montgomery, Lehigh, Berks and Bucks Counties is deserving of higher protections.   In light of the exceptional quality of the Upper Perkiomen Watershed and the national and regional significance of this watershed, in December 2007, Delaware Riverkeeper Network and its partners submitted a 43-page petition along with stream data and Appendices to the PA DEP to request an upgrade of the Upper Perkiomen Watershed to Exceptional Value and the Macoby Creek to High Quality.  This regional upgrade, if granted by PA DEP, would better protect the quality of these streams which flow into Green Lane Reservoir and provide drinking water to many Montgomery County residents.  The Exceptional Value designation would more accurately reflect the current importance and quality of the Upper Perkiomen Basin.  

In February, 2008, Delaware Riverkeeper Network, Perkiomen Watershed Conservancy, and Perkiomen Valley Trout Unlimited presented new findings in support of the Upper Perkiomen Creek before the Environmental Quality Board (EQB) in Harrisburg and provided additional co-petitioners and supporters of the upgrade petition.  At this meeting, PA DEP recommended the petition be considered and the EQB voted unanimously to accept the petition for consideration.  Stream surveys by PA DEP will be the next phase of this upgrade process.  
 
Since that time, several supplemental packages have been provided to PA DEP to support the petition.  On Sept 18, 2013, PA DEP provided public notice that the PA DEP draft report for the petition was out for a 30-day public comment.  Unfortunately , PA DEP is recommending that the Upper Perkiomen NOT receive EV designation and instead remain at its current designated uses for all reaches of the Upper Perkiomen (see maps below for proposed upgrade and current designations).  Delaware Riverkeeper Network and its co-petitioners are urging DEP to reconsider their decision and provide a longer comment period for the petitioners to reply and respond. 

With public input for a longer extension, PA DEP extended the public comment period to November 18, 2013 – giving 60 days notice. DRN and our co-petitioners are still urging PA DEP to give us more time and extend the comment so more data gathering can occur. 

Diagram shows the exceptional value designation that DRN and co-petitioners requested for the Upper Perkiomen (in green)  (and High Quality designation for Macoby Creek – in dark blue).

Related

Beaver Creek, Delaware County, PA

Geryville Quarry (Dormant)

Tohickon Creek

Whetstone Run

Upper Delaware Regional Upgrade Petition to PA DEP

Upgrade Petition for the Hosensack Creek

Overview

The Upper and Middle Delaware River is a jewel for our nation.  It inspires and provides for millions of Americans.  In December 2011, Delaware Riverkeeper Network and our local, regional and national allies submitted a petition to the Pennsylvania Dept of Environmental Protection (PADEP) to upgrade the Upper and Middle Delaware region to Exceptional Value (EV) status.  Based on diverse and healthy water quality, the vast public lands in the region, the importance of the Delaware River as provider of clean water to 15 million Americans, and the incredible ecotourism that this region brings to millions of citizens, this action is needed to give this region the designation it deserves.  

This EV designation is reserved for the state’s cleanest and healthiest streams.  There are only 3,300 miles of streams in Pennsylvania that have EV status and about 23,000 miles that have High Quality (HQ) status.  See an overall map of the proposed upgrade area here

Delaware Riverkeeper Network is seeking input from the community to supplement the data package that we originally submitted in 2011. Do you know of community projects, water protection initiatives restoration projects, protective municipal ordinances or local government actions that have occurred in the Upper Delaware region since 2011?  Please help us gather this information to supplement the petition.  Fill out this quick survey located here to have a community project or initiative included in the petition supplement:  

Related

Beaver Creek, Delaware County, PA

Geryville Quarry (Dormant)

Tohickon Creek

Whetstone Run

Upper Perkiomen Regional Stream Upgrade Petition

Upgrade Petition for the Hosensack 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

Overview

Beaver Creek – Following up on work begun in 2015, DRN continued its advocacy supporting stronger protections for Beaver Creek in Delaware County. This stream flows from Pennsylvania into the Delaware and portions of its landscape are included in the First State National Historical Park. DRN supported the Beaver Creek Conservancy’s 2015 effort to petition for an upgraded designation of Beaver Creek. 

In 2020, the Pennsylvania Department of Environmental Protection (PADEP) released its antidegradation investigation, proposing only a short segment of the stream receive stronger protections (High Quality or “HQ” designation). When the PADEP called for comments on its draft report, DRN secured an extension to the December comment deadline. We are now engaged in mobilizing public comment and we are also advocating for stronger protections (Exceptional Value or “EV” designation) than PADEP is proposing based on the national historical park designation. The comment deadline is February 12, 2021. 

Related

Tohickon Creek

Whetstone Run

Upper Delaware Regional Upgrade Petition to PA DEP

Upper Perkiomen Regional Stream Upgrade Petition

Upgrade Petition for the Hosensack Creek

Overview

On February 3, 2015, Delaware Riverkeeper Network and co-petitioners submitted a petition to the PA Dept. of Environmental Protection (PA DEP) to upgrade the Hosensack Basin and all of its tributaries to Exceptional Value status. You can view and download the full petition here. 

The Hosensack Creek, a tributary to the Perkiomen Creek flows through a rich area of forested and preserved country farms with rolling hills and historical features throughout that make it a unique natural region for Lehigh and Montgomery County residents and visitors alike. Within the Hosensack’s waters, reproducing wild brown and brook trout thrive and help indicate this stream deserves a stronger protection than its existing Cold Water Fishery, Migratory Fishery designation. The stream is also host to a diverse macroinvertebrate community and healthy thriving wetlands where endangered and threatened species reside, which makes it an ever more important watershed to protect. 

The petition regulatory process is a lengthy one. Delaware Riverkeeper Network is urging the PA DEP to provide existing use EV designation promptly so this watershed can be protected from future potential threats while the stream works its way through the regulatory process. Organizations and individuals can help garner support for this submitted petition by writing a letter to the PA DEP at:

Honorable Patrick McDonnell
Chairperson, Environmental Quality Board
Secretary of Environmental Protection
16th Floor, Rachel Carson State Office Building
400 Market Street, Harrisburg, PA 17101

You can also email RA-EPEQB@pa.gov.  Please be sure to also send a copy of your letter to Delaware Riverkeeper Network as well. 

If you live in the Hosensack Watershed and have photos of the scenic beauty of the watershed, please share them with us. If you have fished the stream and observed trout, let us know that too. You can share photos by sending them to faith@delawareriverkeeper.org. Finally, be sure to contact your elected representatives and urge them to write to PA DEP in support of the redesignation petition to protect the Hosensack Creek and grant it Exceptional Value (EV) status.

Related Issue

Beaver Creek, Delaware County, PA

Geryville Quarry (Dormant)

Tohickon Creek

Whetstone Run

Upper Delaware Regional Upgrade Petition to PA DEP

Upper Perkiomen Regional Stream Upgrade Petition

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.

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

Overview

Geryville Materials, Inc, first submitted an application to the PA Department of Environmental Protection (PA DEP) to operate a noncoal surface mine in Lower Milford Township, Lehigh County in 2008. At that time a stream upgrade petition for the Upper Perkiomen Creek and Macoby Creek, submitted by DRN and partners was being considered. That petition closed with no change in the designations of the Upper Perkiomen Creek and Macoby Creek. However, the Delaware Riverkeeper Network (DRN) subsequently submitted an upgrade petition for the Hosensack Creek watershed. The proposed quarry would be located in this watershed.

As first proposed, this project would have opened a 628.5 acre quarry, impacting three unnamed tributaries to the Hosensack Creek and as well as an unnamed tributary to Macoby Creek. Geryville Materials’ withdrew its 2008 application proposed quarry operation, resubmitting a revised application in 2014. In 2015, Geryville Materials submitted a further revised application that reduced the area to be mined to 127 acres.

On June 3, 2015, the PA DEP held a public hearing in Lower Milford Township to take comments on a proposed quarry, stone crushing operation, and asphalt plant. These facilities would be located along the Hosensack’s cleanest tributaries. Local residents packed the Lower Milford Township Building to express their concerns about the impacts of the quarry and associated facilities on the quality of the environment and quality of life. View video of testimony from that hearing here.

On October 22, 2015, PADEP issued a deficiency letter to Geryville Materials regarding its quarry with a list of 95 deficiencies to be addressed. Among the listed deficiencies were many issues raised by DRN, including some issues that DRN alone appears to have raised. Geryville Materials had 30 days to let PADEP know how long it would take to address the list of deficiencies, but did not do so. The company did ask to meet with PADEP and, after an early 2016 meeting, Geryville Materials was given 14 months to address the list of deficiencies.

In May 2017, Geryville submitted additional materials in response PADEP’s 2015 list of deficiencies, but PADEP noted there were still many remaining deficiencies. PADEP issued a second deficiency letter to Geryville Materials on September 30, 2019. Again, Geryville Materials requested a meeting with PADEP. After a meeting in January 2020, PADEP gave Geryville Materials until June 30, 2020 to address the deficiencies in its application.

On July 29, 2020, Geryville Materials’ communicated to PADEP that it had decided to with draw its application to open a quarry in the Hosensack Creek watershed. On July 31, 2020, PADEP processed Geryville Materials’ request and affirmed that this application is no longer valid.

Geryville Materials has indicated it intends to refile in the future, but this project will be starting from scratch and will need to overcome the same barriers that prevented the project from moving forward previously.

Overview

On March 3^rd, 2021, the Delaware Riverkeeper Network and a broad coalition of partner organizations demanded immediate action by the Delaware River Basin Commission with a supplemental petition to protect fish populations for higher dissolved oxygen standards.  For over a decade, DRBC has promised prompt action to recognize and protect these resident and migratory fish, including the Delaware River’s population of critically-endangered Atlantic sturgeon.  The new supplemental petition demands action to prevent extinction of this majestic fish, and recognizes both the enormous economic benefits of continued restoration in the estuary and the current risks in DRBC’s failure to act.

December 2020 report:  Enormous Economic Benefits for Oxygen Restoration

Since 2009, the Delaware Riverkeeper Network has fought for higher standards that are clearly required in the Clean Water Act, and which yield cascading benefits to our riverside communities and our region.  This includes the first formal petition in 2013 by the Delaware Riverkeeper Network alongside the Delaware River Shad Fishermen’s Association and the Lehigh River Stocking Association.  It also includes a major policy recommendation brokered by the Delaware Riverkeeper Maya van Rossum on January 24^th, 2013, with majority support at the Water Quality Advisory Committee for a one-year-timeframe for DRBC to prepare a description of the existing aquatic life uses of the Delaware Estuary which would be used to craft a formal Finding of Existing Uses for the Commissioners.  DRBC finally adopted Resolution 2017-4 in September 2017 but this resolution only sought further study, and DRBC has since postponed this already-protracted and harmful timetable.

The summers of 2019 and 2020 remind all what is at stake.  Dissolved oxygen levels these years repeatedly fell to lethal levels for the fish that depend on the spawning and nursery habitats of the Delaware River.  Without immediate action by the DRBC to require simple conventional upgrades at the region’s treatment plants, the Delaware River will continue to suffer such insults for another decade or more, and we may forever lose the genetically unique population of Delaware River Atlantic sturgeon.