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.)

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.