N.C.C. Civic League Resolution # 03-01-01
Adopted - January 2003

Establish a subcommittee to study Farmland Preservation issues

WHEREAS, the Civic League has expressed in a past resolution our support for a dynamic farmland preservation program for the County as well as the State; and

WHEREAS, it is a sense of the Board that improvements need to be made in the State’s program to insure that development rights are purchased in perpetuity-even if the State must pay more to obtain them; and

WHEREAS, the Board is disappointed that the County-which wisely set aside money for a farmland preservation program last year-has not established a program nor spent any money to date for that purpose, and

WHEREAS, a new proposal to use monies from the Transportation Fund for farmland preservation has been floated by Representatives Valihura and Hudson and Senator Cloutier and the Preservation Council needs to know whether our Board will support the bill;

NOW THEREFORE,

BE IT RESOLVED that the Civic League hereby establishes a Subcommittee on Farmland Preservation to study these issues and report back to the Board by the February meeting recommendations for action on these issues.

BE IT RESOLVED that the Subcommittee shall be composed of six members with an equal number of persons involved in the agriculture industry as not involved in it.

N.C.C. Civic League Resolution # 03-03-01
Adopted - March 18, 2003

Size of County Council

WHEREAS, current law requires an increase in the size of County Council from 7 to 13 members, with a doubling of the number of districts from 6 to 12, in 2004; and

WHEREAS, we are unaware of any study having been done to compare the number of New Castle County council districts with similar counties in other states, considering district population, area, budget magnitude, responsibilities, council salaries, and support staff; and

WHEREAS, 13 members may be too many to deal with issues effectively in Council workshops; and

WHEREAS, the cost of six additional members of Council over an extended number of years will be substantial; and

NOW, THEREFORE,

BE IT RESOLVED BY THE CIVIC LEAGUE FOR NEW CASTLE COUNTY that the State Code requirement increasing the size of New Castle County Council from 7 to 13 should be repealed; and

BE IT FURTHER RESOLVED that there should be a comparative study of the number of New Castle County Council districts with those of similar counties in other states; and

BE IT FURTHER RESOLVED that the study should be conducted by representatives of the Delaware State Legislature, New Castle County Council and Executive, the University of Delaware School of Urban Affairs and Public Policy, and broad based civic organizations including the League of Women Voters and the Civic League for New Castle County; and

BE IT FURTHER RESOLVED that if the study group concludes that there is a need for expansion of County Council, the Delaware State Legislature enact legislation consistent with the findings of the study group.

N.C.C. Civic League Resolution # 03-03-02
Adopted - March 18, 2003

Community Notification Provisions in Delaware State Housing Authority's Annual Qualified Allocation Plan for Low Income Housing Tax Credit Programs

WHEREAS, the Civic League of New Castle County supports the concept of state and federal governments helping to provide responsible, low income individuals and families with QUALITY affordable housing, and

WHEREAS, the Civic League believes low-income housing programs must be implemented within a broad context of fairness and respect that acknowledges and responds to valid issues of ALL citizens - i.e., adjacent property / homeowners,apartment tenants, communities, civic organizations, etc., and

WHEREAS, the Civic League believes the tax-paying public has the right to be informed about public programs; and that low-income housing projects subsidized with taxpayers’ dollars (through both Federal and State funding) must be responsive and accountable to citizens and their communities, and

WHEREAS, the Civic League recognizes that the number of low-income housing projects being proposed in very close proximity of well-established, privately-owned neighborhoods/homes in New Castle County is increasing, and

WHEREAS, the Civic League realizes that low-income housing programs are under Delaware State Housing Authority’s (DSHA) jurisdiction in that DSHA controls and allocates Federal low-income housing money and monitors the performance of owners/developers/managers against low-income housing program guidelines and requirements, and

WHEREAS, the Civic League believes the responsibility for requiring owners/developer/managers of low-income housing programs to establish respectful, fair and responsible relationships with communities/civic organizations lies with DSHA, and

WHEREAS, the Civic League believes that securing the goodwill and support of communities for an low-income housing program is a great asset for site developers/managers as well as for the residents of apartments. The Civic League realizes that ignoring and/or marginalizing communities/civic organizations creates misperceptions and misunderstandings and fosters an adversarial, rather than a mutually supportive relationship;

NOW, THEREFORE,

BE IT RESOLVED that the Civic League supports early interaction, between DSHA and owners/developers and communities/civic organizations, to inform them of proposed low-income housing programs and to foster a good “neighborly” relationship when proposing, planning and implementing a low-income housing program, and

BE IT RESOLVED that the Civic League supports the establishment of a three-way constructive, long-term relationship between DSHA, owners/developers of any low-income housing site and the communities/civic organizations surrounding each location, and

BE IT RESOLVED that the Civic League supports the establishment of direct communication avenues between the three parties involved in order to resolve problems, permit two-way emergency notifications, etc., throughout the life of the project, and

BE IT RESOLVED that the Civic League fully supports the Threshold Requirement in DSHA’s 2003 Qualified Allocation Plan and all future DSHA Qualified Allocation Plans. This threshold requirement requires applicants to formally notify community organizations within a ¼ mile radius of a proposed low-income housing program within 10 days after submitting an application to DSHA. The purpose of this requirement is to keep communities/civic organizations informed and to facilitate a positive discussion/relationship between all parties involved, and

BE IT RESOLVED that the Civic League supports the awarding of up to five ranking points for “Community Outreach” to any owner/developer who communicates and interacts with communities/civic organizations in a proactive manner BEFORE applications are submitted to DSHA, and

BE IT RESOLVED that the Civic League supports the requirement for DSHA itself to notify communities/civic organizations of and when an application has been received for an low-income housing program(s) in their neighborhood, and

BE IT RESOLVED that the Civic League requests that all the aforementioned requirements and incentives become a permanent part of the final version of the 2003 Qualified Allocation Plan and all future Qualified Allocation Plans for New Castle County.

N.C.C. Civic League Resolution # 03-03-03
Adopted - March 18, 2003

DNREC Unresponsiveness at Public Hearings

WHEREAS, DNREC has adopted a policy of restricting questions from the public and refusing to answer questions at hearings, creating a major hindrance to having a constructive dialogue between the public and DNREC; and

WHEREAS, such policy indicates a desire for secrecy, or a lack of confidence that DNREC personnel are thoroughly versed in the project to be discussed and able to respond to questions from the public, including some of the very highly educated technical people who reside in Delaware; and

WHEREAS, the large number of serious environmental problems in Delaware have resulted in a loss of confidence by many people in DNREC's ability to grant permits and monitor existing operations; and

NOW, THEREFORE,

BE IT RESOLVED BY THE CIVIC LEAGUE FOR NEW CASTLE COUNTY that DNREC should resume the practice of taking substantive questions and providing answers to the best of their ability at public hearings; and should establish a procedure for providing written answers to unanswered substantive questions to the people who attended the hearing.

N.C.C. Civic League Resolution # 03-05-01
Adopted - May 20, 2003

Outstanding Accomplishment - Christine Whitehead

The Civic League for New Castle County resolves to honor Christine Whitehead for her extraordinary voluntary legal efforts which proved that the General Assembly is not above the law. Because of her countless hours spent on intensive research, innovative approaches, and well written briefs; an unprecedented joint session of the Delaware Superior and Chancery Courts found that the General Assembly was in violation of the law setting a date by which a redistricting plan had to be finalized. Christine is a role model for people who want to participate in ensuring that we have good government in Delaware.

N.C.C. Civic League Resolution # 03-05-02
Adopted - May 20, 2003

Outstanding Accomplishment - Frank Sims

The Civic League for New Castle County resolves to honor Frank Sims for his extraordinary efforts in volunteering to be the plaintiff, doing research, and performing many administrative functions in the legal efforts which proved that the General Assembly is not above the law. Frank’s position as Chairman of the Independent Party of Delaware may have made the successful court action possible. That position, along with Frank’s support of Christine Whitehead’s legal efforts, was very important in obtaining favorable court rulings that found the General Assembly was in violation of the law setting a date by which a redistricting plan had to be finalized. Frank is a role model for people who want to participate in ensuring that we have good government in Delaware.

N.C.C. Civic League Resolution # 03-05-03
Adopted - May 20, 2003

Proposed County Budgets for FY 2004

To: Members of New Castle County Council:
Re: Proposed County Budgets for FY 2004

At its Annual Meeting on May 20, 2003, members of the Civic League for New Castle County adopted a position expressing general satisfaction with the proposed County Operating and Capital Budgets. This does not mean that we have studied every detail, but rather that the purposes for which county money is spent seem to us desirable.

In the Capital Budget, we are particularly pleased with the proposals for new parks and libraries. A new park in Glasgow and development of Wiggins Mill Park in southern New Castle County will enhance these fast-growing areas. Land acquisition for farmland preservation and open space responds to urgent public requests.

The new Brandywine Library is a great success. The proposed expansion of Hockessin and Kirkwood Highway Libraries and creation of a new Woodlawn Library are praiseworthy steps for the future.

However, we would like more insight into the $225 million in reserves (see list). Roughly how long will each of the categories of reserves last based on estimates of future spending and revenues? Which reserves are available for discretionary use such as stabilization of property tax and sewer fund rates versus those that are controlled by circumstances such as the reserve for self-insurance?

We suggest that County Council request prior to the preparation of the next budget, that metrics be prepared which can give indications of the performance of operations. Police response times to crimes in progress is an example of a useful metric.

In the operating budget, paramedics and the 911 Emergency Communications Center are shown as one budget unit. Since these are two quite different functions, it would be helpful to have them as separate categories for easier understanding.

In general, we feel that these budgets deserve Council’s support.

Sincerely yours,

	Mrs. Marion C. Stewart Chairman, County Budget Committee	William E. Narcowich President

N.C.C. Civic League Resolution # 03-06-01
Adopted - June 17, 2003

Expansion of New Castle County Council

Dear Legislator:

With your help there is still time to repeal the current law - Section 1141, Title 9 - which, as you know, doubles the size of New Castle County Council if not repealed by June 30th.

The cost of this unfunded mandate for New Castle County taxpayers will be heavy. Not only in the initial implementation, but for every year thereafter. BUT, as has been pointed out by well-meaning supporters of C1141, New Castle County taxpayers can absorb this cost even though the County is currently running a deficit and must use funds from their reserves!

Our deep and genuine concern is that this law was passed without opportunity for full public disclosure and discussion. There has been no opportunity for a rational review of the factors leading to the determination to double the size of County Council.

An aspect which is especially troubling is the talk among supporters of this expansion that Council must be expanded to counter the untrustworthiness of the current council members. Are we to believe that only by vastly increasing the number of council persons who might succumb to financial influence (i.e., bribery), can the public be assured of some measure of confidence in their honest conduct of county affairs?

We chose to believe in the honor and integrity of our current council members, and we will do so until proven otherwise. Judging them guilty of unspecified actions is truly repugnant.

We ask that you vote to repeal Section 1141, Title 9 immediately. And we ask that you then set in motion a process to establish a procedure for prompt and full evaluation of the entire council operation to publicly determine an appropriate path forward.

Sincerely,

(Signed)
Richard Davis, President
Civic League for New Castle County

NOTE: This letter has been endorsed by the Board of Directors of the Civic League for New Castle County.

N.C.C. Civic League Resolution # 03-11-01
Adopted - November 18, 2003

Recycling Expansion / Landfill Reduction

RESOLUTION: The Civic League for New Castle County is resolved:

Waste disposal is a regional problem to be physically resolved beyond just Wilmington and,

Further, be it resolved that immediate efforts should be made for mandatory source reduction with direct applied cost incentives.

The Civic League for New Castle County supports a solid waste policy for Delaware based on waste reduction and diversion, recycling, and respect for our communities, our health and our environment.

The State of Delaware should develop policies to work toward the goal that at least 50% of Delaware's solid wastes will be diverted from landfilling by June 1, 2006 and at least 70% by June 1, 2012. This will reduce any near-term need to expand Delaware landfills and allow us to develop long-range plans for closing the Cherry Island Landfill:

1. Yard waste should be banned from landfilling in Delaware by June 1, 2005.
2. Paper should be banned from landfilling in Delaware by June 1, 2006.
3. Curbside collection of recyclables (minimally including glass, metal and plastic containers, paper, yard wastes should be made available in Delaware by June 1, 2005, to all solid waste collection customers.
4. Participation should be mandatory by June 1, 2006.
5. A "pay per throw" residential collection system, for materials other than those collected as recyclables, should be implemented statewide by June 1, 2006. (This means people would be charged according to the amount of waste they "put out", rather than a monthly flat rate. They would not be charged, or be charged less, for recyclable materials properly put out.)

N.C.C. Civic League Resolution # 04-01-01
Adopted - January 20, 2004

3.319 Hearings

Whereas, New Castle County Council encourages input from residents concerning development, and

Whereas, the 3.319 hearing offers the public an opportunity for input, and

Whereas, many of the public were in favor of retaining the 3.319 hearings at the November 4, 2003 hearing, and

Whereas, residents expect County Council to publicly vote on 3.319 hearings and not rely on Land Use to assume they are aware of all public input without benefit of public hearings, and

Whereas, the public should not be accused of classicism and prejudice in offering comments, and

Whereas, public input on previous hearings has identified some design components to make adjacent development compatible, and

Whereas, innovative development does not per se mean better of more acceptable design, and

Whereas, transition, opacity and early public input are key to acceptance by nearby residents, and

Whereas, transition and opacity promote a desirable sense of neighborhood within the proposed community;

Now, therefore, Be it resolved by the Board of the New Castle County Civic League that New Castle County Council should retain the 3.319 hearings but at the preliminary phase where developers claim they incur lower costs in an uncertain outcome.

Be it further resolved that County Council, land Use and the Planning Board should make a joint tour of the original Pike Creek development. The development, begun in 1965 consists of about 6,000 dwelling units in a wide range of diversity in addition to retail and professional uses. This was done on 1,500 acres. This was successfully accomplished using natural features and creative siting to create opacity and transition between neighborhoods.

N.C.C. Civic League Resolution # 04-01-02
Adopted - January 20, 2004

Sale of Motiva

Whereas, Motiva Enterprises has accumulated a record of violations of the environmental regulations of the State of Delaware unprecedented in our history; and

Whereas, Motiva now plans to sell its Delaware refinery--a plan that could lead to their escape from responsibility for fines, judgments, orders, and promises made to the State--and

Whereas, the State is not sufficiently protected if Premcor were to promise to assume Motiva's responsibilities, but winds up in bankruptcy, and

Whereas, the State has a responsibility to the citizens of New Castle County to hold Motiva accountable for the damage done to the health of its citizens, to the content of our soil and water and to the fate of our future generations;

Now, therefore, Be it resolved by the Board of the Civic League of New Castle County that the Governor and the Attorney General are hereby requested to take any and all steps possible to halt the sale of the refinery until such time as the State collects all fines due, sees all new equipment installed, sees all judgments paid, and guarantees the soundness of pension and unemployment compensation funds for its workers.

Be it further resolved that should either party fail to do as suggested by January 28th, the Legislature create and appoint a special counsel to represent the citizens of Delaware, with the power to revoke corporate charters, seek injunctions, halt the granting of permits, assess penalties and/or revoke licenses to do business until Motiva fulfills its obligations to the citizens of Delaware.

N.C.C. Civic League Resolution # 04-02-01
Adopted - February 17, 2004

Sunset Committee Hearings

Whereas, New Castle County has suffered problems that fall under the responsibility of the Delaware Solid Waste Authority, and

Whereas, the Sunset Committee of the Legislature plans to hold one hearing in Kent County to assess the public's opinion of the agency before deciding whether or not to authorize it's continuation, and

Whereas this deprives the working public in New Castle County of the opportunity to testify before the Committee, and

Whereas this subject is too important for the Sunset Committee members to make decisions without holding additional public hearings in New Castle County;

NOW, THEREFORE, Be it resolved by the Civic League for New Castle County that the Sunset Committee is hereby requested to hold evening hearings in New Castle County on the re-authorization of the Delaware Solid Waste Authority.

	President Richard Davis	Secretary Christine Whitehead

N.C.C. Civic League Resolution # 05-01-01
Adopted - January 18, 2005

Opposing British Petroleum’s construction of a liquefied natural gas terminal at the Crown Landing site

Whereas, WHEREAS, British Petroleum (hereinafter “BP”) has submitted to Delaware’s Department of Natural Resources and Environmental Control (hereinafter “DNREC”) an application for a Delaware Costal Zone Status Decision for its Crown Landing Liquefied Natural Gas (hereinafter “LNG”) Project; and

WHEREAS, under Delaware law, BP must either obtain a Coastal Zone permit or be determined to be exempt from the Coastal Zone Act (hereinafter “CZA”); and

WHEREAS, Delaware’s CZA specifically states that it “seeks to prohibit entirely the construction of new heavy industry in its coastal areas, which industry is determined to be incompatible with the protection of that natural environment in those areas;” and

WHEREAS, the CZA also states that it “further determined that offshore bulk product transfer facilities represent a significant danger of pollution to the coastal zone and generate pressure for the construction of industrial plants in the coastal zone, which construction is declared to be against public policy. For these reasons, prohibition against bulk transfer facilities in the coastal zone is deemed imperative.”

WHEREAS, an LNG terminal is clearly a bulk product transfer facility, and the processes that BP claims to represent single-use manufacturing, in order to exempt the facility from the CZA, are simply a matter of reconstituting a product that was previously condensed to facilitate shipping, followed by the injection of additive gasses to achieve desired characteristics; and

WHEREAS, to interpret the definition of manufacturing in a way favorable to BP would render the CZA powerless to stop any future proposals for the construction of bulk product transfer facilities; and

WHEREAS, the leakage of LNG from a tanker, whether by accident or terrorist act, could release up to 20 billion gallons of flammable natural gas into the atmosphere, which could both suffocate all living creatures within the cloud and create a fireball capable of inflicting second degree burns more than a mile from the source; and

WHEREAS, the above described scenario represents a significant danger of pollution that is incompatible with the protection of the natural environment, as well as thousands of human lives and major industrial sites along the river, such as the Salem and Hope Creek Nuclear Power Plants and the Premcor and Sunoco refineries; and

WHEREAS, the LNG tankers would require Coast Guard escorts and clearance of all boat traffic within up to two miles of the tanker, as well as a traffic stoppage on the Delaware Memorial Bridge, if security measures are to match those in Boston, Massachusetts, or create a significant security risk if such security measures are not taken; and

WHEREAS, a decision to reject a proposal similar to BP’s, made by the El Paso Eastern Company, which intended to build a LNG terminal in New Jersey opposite Claymont, Delaware and included a pier extending into Delaware waters, was made in 1972 by the Delaware State Planning Office; and

WHEREAS, this decision cited the Delaware Attorney General, who, on January 20, 1972, advised that the pier would be a (prohibited) offshore bulk product transfer facility and that it was not exempt from prohibition by reason of the clause in Section 7002(f) of the Law providing for piers or docking facilities to be used solely by a single industrial or manufacturing user; and

WHEREAS, such a decision sets a clear precedent on how the CZA is to be interpreted with regard to LNG terminals; and

WHEREAS, alternative sites for an LNG terminal, that do not violate the CZA, are available to BP and could be used if BP was willing to investigate them and make decisions based on safety and homeland security rather than cost minimization through the avoidance of pipeline construction;

NOW, THEREFORE,

BE IT RESOLVED BY THE CIVIC LEAGUE FOR NEW CASTLE COUNTY that DNREC should reject BP’s application for approval of its Crown Landing LNG project, stating that the project is not eligible for a Coastal Zone permit and should not be granted an exemption from the CZA.

N.C.C. Civic League Resolution # 06-11-01
Adopted - November 21, 2006

Recommending State Legislation be Passed by the Delaware General Assembly to Prohibit the use of State owned parks, fish and wildlife areas, forest lands or historical properties for Wastewater Disposal

Whereas, state parks, fish and wildlife areas, state forests and historical properties have been acquired and will continue to be acquired for conservation and recreational purposes; and

Whereas, the public has supported the acquisition of these properties for conservation and recreational purposes; and

Whereas, any diverted use of these lands for other purposes that may degrade these lands and impact the public's access to these lands may be proposed; and

Whereas, these lands are being considered by developers, municipalities and their consultants as a cheap source of land for the application of wastewater,

Whereas, all new development should pay for the cost of any infrastructure required to support them without a burden to the tax paying public or through public subsidies for new development; including subsidizing development with the use of public trust conservation lands,

Now, therefore,

Be it resolved by the Board of the New Castle County Civic League that:

No state owned parks, fish and wildlife areas, forest lands or historical properties shall be used for sites upon which or into which waste water or treated waste water from municipal, county or community owned sewage treatment plants will be applied or injected.

The Delaware General Assembly should amend Section 7502 , Chapter 75, Title 7 of the Delaware Code to specifically prohibit such use of public lands.

(Sample House or Senate Bill follows)

House of Representatives (Senate)

14_ GENERAL ASSEMBLY

HOUSE BILL NO. ____

AN ACT TO AMMEND TITLE 7 OF THE DELAWARE CODE RELATING TO CONSERVATION.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Whereas, state parks, fish and wildlife areas, state forests and historical properties have been acquired and will continue to be acquired for conservation and recreational purposes; and

Whereas, the public has supported the acquisition of these properties for conservation and recreational purposes; and

Whereas, any diverted use of these lands for other purposes that may degrade these lands and impact the public's access to these lands may be proposed; and

Whereas these lands are being considered by developers, municipalities and their consultants as a cheap source of land for the application of wastewater,

NOW THEREFORE:

Section 7502. Chapter 75, Title 7 of the Delaware Code, is amended by adding (7) thereof in its entirety:

(7) No state owned parks, fish and wildlife areas, forest lands or historical properties shall be used for sites upon which or into which waste water, treated waste water, or biosolids of any form from municipal, county or community owned sewage treatment plants will be applied or injected.

SYNOPSIS

This bill expressly prohibits the application and or injection of wastewater or treated wastewater from sewage treatment facilities.

N.C.C. Civic League Resolution # 07-01-16
Adopted - January 16, 2007

Opposition to Deepening the Delaware River Channel from 40 to 45 feet

Whereas,, The United States Government Accountability Office (GAO) found “The Corps' analysis of project benefits contained or was based on miscalculations, invalid assumptions, and outdated information,” and

Whereas,, the GAO found that the project provided less than 50 cents of benefit for every dollar invested, and

Whereas,, the GAO restated its lack of support for the project in testimony before Congress in 2006, and

Whereas,, the State of Delaware undertook an economic investigation into the project and also found it economically unjustified, and

Whereas,, the Army Corps of Engineers’ own economic calculation for the project indicates that the project does not meet the 1 to 1 ratio needed to support federal funding, as long as Maritrans continues to operate with a three vessel fleet (as it has stated publicly and invested in heavily),

NOW, THEREFORE, Be it resolved by the Civic League for New Castle County that it supports the letter written by Maya K. van Rossum, of the Delaware Riverkeepers, to New Jersey Governor Jon S. Corzine, asking for New Jersey to remain steadfast in its opposition to the U.S. Army Corps of Engineers’ proposal to deepen the Delaware River channel from 40 to 45 feet (Exhibit A).

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EXHIBIT A

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January 11, 2007

Governor Jon S. Corzine
P.O. Box 001
Trenton, New Jersey 08625

Dear Governor Corzine,

We, urge you to remain steadfast in your opposition to the Army Corps of Engineers' proposal to deepen the Delaware River Channel from 40 to 45 feet.

Organizations, individuals, experts and agencies throughout the state of New Jersey and the region have challenged and questioned the Delaware River Deepening proposal.

As a Senator, you played a key role in helping us to secure critical economic information demonstrating major fallacies in the reasoning and supports used for the project. Now as Governor we ask you to stand in opposition to the project as was done by your two previous predecessors, both of whom held the line against in light of the environmental threats it poses to our state and the economic losses it causes and the bad investment it is.

We also ask you to recognize the important position of solidarity the state of Delaware has taken on this issue.

As a result of its own deliberations Delaware has not found merit in the project, but it has also clearly taken a stance that supports the position, heretofore, of the State of New Jersey. While Pennsylvania has been using inappropriate, high pressure tactics, Delaware has carefully supported the position of New Jersey. Also in contrast to Pennsylvania, Delaware stood in support of New Jersey against the dumping of VX nerve agent waste into the Delaware River.

And Delaware supported New Jersey's efforts to protect horseshoe crabs and the Red Knot rufa by passing similarly protective regulations despite tremendous political and public pressure not to do so. New Jersey and Delaware have been important allies on many major issues - this is an important relationship that must be respected and is a relationship that stands in stark contrast to the one Pennsylvania has created.

Many credible sources have challenged both the economic and environmental claims the Army Corps has made for the project.

The Government Accountability office (in response to your request) studied the project and found it to be economically unjustified. The GAO found “The Corps' analysis of project benefits contained or was based on miscalculations, invalid assumptions, and outdated information.” As a result the GAO found that the project provided less than 50 cents of benefit for every dollar invested. The GAO restated its lack of support for the project in testimony before Congress in 2006.

The State of Delaware undertook an economic investigation into the project and too found it economically unjustified. And a economic and Army Corps expert hired by the Delaware Riverkeeper Network and National Wildlife Federation similarly found the economic justifications for the project not only flawed, but misleading and unjustified and determined that a more accurate calculation demonstrated a less than 1 to 1 benefit cost ratio for the project. And even according to the Army Corps most recent economic calculation for the project, as long as Maritrans continues to operate with a three vessel fleet (as it has stated publicly and invested in heavily), the project does not meet the 1 to 1 ratio needed to support federal funding.

Investing in the Delaware Deepening is not simply a wasted economic investment, but it means that other worthwhile port development projects will not be able to benefit from limited state and federally available dollars. Deepening the Delaware, in order to even attempt to get needed federal funding and regional political support, would also require a tremendous expenditure of political capital, thereby depriving us of other much needed initiatives which could benefit more from such investment.

Deepening the Delaware River also brings with it tremendous environmental, health and safety threats that our region can ill afford. Deepening the Delaware River threatens many important species including oysters, horseshoe crabs, blue crabs, saballaria vulgaris and shortnose sturgeon. It also threatens bald eagles and peregrine falcon with continuing and/or increasing toxic contamination, and if the horseshoe crabs are harmed so too will be the Red Knot we have worked so hard to save. Drinking water supplies are threatened with toxic contamination, as is the quality of water in the Delaware River. The estuary and Bay are lined with sediments which harbor PCBs, arsenic, lead, mercury, zinc, antimony, and other toxins - these are sediments not now disturbed by maintenance dredging but that would be disturbed through deepening.

The environmental research that has been conducted is not only questionable but has been highly questioned by the US Fish and Wildlife Service, the Environmental Protection Agency, the State of Delaware, the Delaware River Basin Commission, and the Mid Atlantic Fishery Management Council among others. The relatively limited environmental impact statement provided by the Corps is 10 years dated at this point and fails to address the dozens of questions and concerns that have been raised over the past decade and in recent years. Project documentation doesn't even consider the environmental, economic and need impacts of sea level rise on the project.

The Delaware River deepening is a bad investment for New Jersey, our River and region. Despite the intense pressure being applied by Pennsylvania, we ask you to remain firm in your position against the deepening of the Delaware River. New Jersey cannot afford to waste our limited dollars, our political capital, our communities or environment on this untenable and well-recognized boondoggle.

Thank you for your resolve to protect New Jersey's interests and the Delaware River.

Sincerely,
Maya K. van Rossum
the Delaware Riverkeeper