FUDR Files intent to sue the town of Hancock, NY over destruction of trout spawning tributaries

Re: Sixty (60) Day Notice of Intent to Sue Pursuant to Federal Clean Water Act – Dredge and Fill Rainbow and Brown Trout Spawning Tributaries to the Upper Delaware River by the Town of Hancock, New York

Dear Mr. Rowe:

I am the President the Friends of the Upper Delaware River, (FUDR) a non-profit organization with principal offices at 306 Helfer Lane, Minoa, NY 13116, Phone 315-656-8313. FUDR has significant interest in protecting the natural waters of the Upper Delaware River and its tributaries from harm and destruction.

Section 505(b) of the Federal Clean Water Act, (the “Act”), 33 U.S.C. Section 1365(b) requires that sixty (60) days prior to the filing of a citizens’ suit in Federal District Court under Section 505(a) of the Act, 33 U.S.C.A. 1365(a), the alleged violator, the United States Environmental Protection Agency (the “EPA”), The United States Corps of Engineers, (The Corps), and the State in which the violations occur must be given notice of the alleged violations, and of intent to bring a citizens’ suit action.

FUDR hereby provides notice of intent to sue the Town of Hancock, New York, the individuals Samuel N. Rowe, Jr., Supervisor of the City of Hancock, Garyling A. Martin Supervisor of Highways, of the Town of Hancock, Councilmen William Weyrauch, Glen Kessler, Paul Vetrone and James Gardner, councilmen for the Town of Hancock, New York and for the following violations of Sections 301 and 404 of the Federal Clean Water Act, 33 U.S.C.A. 1301(a) and 1344 for dredging, channelizing and filling natural streams, brooks and creeks as tributaries to the Upper Delaware River as follows:

Beginning on or about July 1, 2006, the above named individuals and the Town of Hancock, New York did authorize, approve, and contract for the operation of large construction equipment to enter into and dredge and fill at least the following streams, creeks and brooks: (1).Fish Creek near the Village of Fish’s Eddy; (2). Campbell Brook, near the Village of Shinhoppel; (3). City Brook; (4).Tar Hollow Brook also near the Village of Fish’s Eddy; (5). Cadosia Creek near the Village of Cadosia; (6). Bouchioux Creek near the Village of Lordville; (7).Rood Creek near the City of Hancock; (8). Sands Creek also near Hancock; and (9).Humphries and (10) Abe Lord Creeks near the Village of Lordville.

The above named water bodies are all known rainbow and brown trout spawning streams for the Upper Delaware River, which is one if the best native rainbow and brown trout waters in the Eastern United States. Destruction of these streams by dredging, channelizing and filling, by those listed above, is a major disaster not only to the tributary streams but to the Upper Delaware River. All life in the streams has been destroyed by the actions of dredging and filling. The physical, chemical and biological integrity of these streams has been destroyed. In effect, naturally flowing, environmentally critical tributaries have been turned into storm drains.

The Friends of the Upper Delaware River hereby places you on notice, pursuant to 33 U.S.C. 1365(b) that the above action of dredging, channelizing and filling with dredged material back into the creek, as well as back into the Delaware River and by adding additional material including stone and other debris into the former bed of the creek, in the above named streams is contrary to Sections 301 and 404 of the Federal Clean Water Act, 33 U.S.C. §1344. Further, causing discharge of sediment and other pollutants within the tributary streams and into the upper Delaware, is contrary to Section 301 and 402 of the Federal Clean Water Act, 33 U.S.C. 1311 and 1342, without having a national pollutant discharge elimination system (MTDES) permit.

Under Federal law, each day that you violate the Federal Clean Water Act is a separate violation. Under 33 U.S.C. § 1319(d) of the Federal Clean Water Act, the U.S. District Court may impose a civil penalty of up to Twenty-Five Thousand Dollars (,000.00) per day, per stream for each violation under both Section 404 and Section 402.

Further, the dredging, channelizing and filling described above constitute violations of New York State’s Environmental Conservation Law, Article 15, Title 5, Section 15-05-05 and 15-05-11.

We hereby request immediate cessation of such activities in these and any other tributaries until further notice.

If you have any questions or wish to discuss this matter, please feel free to contact me.

Sincerely,

Craig Findley

President