Delaware Dredging Permit Denied

DOVER, Del. (AP) -- Delaware's environmental secretary on Friday dealt a blow to plans to deepen the Delaware River shipping channel, denying environmental permits requested by the Army Corps of Engineers.

Collin O'Mara, head of the Department of Natural Resources and Environmental Control, said the Corps has failed to submit additional information requested by the state and has made significant modifications to the project since submitting its permit application in January 2001.

O'Mara also noted that with the passage of time since a hearing officer issued a 2003 report recommending that DNREC deny the permits unless additional information was provided, "the record is now stale."

The proposed dredging project has been a source of friction among officials in Delaware, Pennsylvania and New Jersey for nearly a decade.

Members of Delaware's congressional delegation issued a statement supporting O'Mara's decision and noting that they are awaiting a renewed cost-benefit analysis from the Government Accountability Office.

A call to the office of Pennsylvania Gov. Ed Rendell, who supports the dredging, was referred to the project's local sponsor, the Philadelphia Regional Port Authority.

Authority spokesman Dan Fee issued a statement saying Pennsylvania officials remain committed to the project.

"We believe that the clear economic and safety benefits of the project are the reasons why business leaders in Pennsylvania, New Jersey and Delaware support it ... We look forward to continuing to work with leaders in the three states and the Army Corps of Engineers to reach a resolution and make a this project, begun over 20 years ago, a reality," a statement read.

The Corps has proposed deepening the channel from 40 feet to 45 feet along a stretch of more than 100 miles from Philadelphia to the mouth of the Delaware Bay. Supporters say the dredging would accommodate bigger ships and keep local ports competitive, while opponents argue it will mostly benefit a few oil refineries while stirring up toxic sediments that would threaten water quality and wildlife.

O'Mara noted that the Corps' most recent environmental impact statement was completed 12 years ago.

"If the Army Corps conducted the proposed deepening now, it would do so with little knowledge of the Delaware River's current environment," he wrote in a 7-page order. "I find that approval now, based upon outdated information, would impose an undue risk of harm to Delaware's environment and public health."

New Jersey Gov. Jon Corzine also has expressed concerns in the past about the environmental impact of the proposed dredging, including plans to dump some of the dredge material in New Jersey.

Richard Pearsall, a spokesman for the Corps' Philadelphia district office, said officials were reviewing O'Mara's decision.

"We're just going to reevaluate our position here," he said.

The Corps recently began soliciting bids for the first phase of the dredging project. Pearsall said there were no plans to halt the bid solicitation process.

In its permit application to DNREC, the Corps sought permission to remove almost 22.5 million cubic yards of material from the channel running from the mouth of the Delaware Bay at Lewes to the Delaware-Pennsylvania border near Claymont. The amount later was revised to 17.7 million cubic yards. The dredge spoils would be deposited at sites in Delaware and New Jersey.

While denying the permits, O'Mara did not prohibit the Corps from submitting a new application with updated information.

"Should the USACOE choose to submit a new permit application, I pledge that my agency will conduct a thorough scientific review and that the permitting process will be efficient, timely and transparent," he wrote in a letter to Philadelphia district commander Lt. Col. Thomas Tickner.