Welcome to the Inland Bays Foundation

Press release from the Inland Bays Foundation announcing the beginning of the Foundation Public Exhibit at the Rehoboth, Delaware Public Library on April16, 2014.

Inland Bays Foundation Vice President Henry Glowiak is shown presenting a Foundation Polo shirt to Jessica Prayer, Assistant Director, Rehoboth, Delaware Library in appreciation for her assistance in setting up the month long Foundation Exhibit in the Library.

ibf shirt

Libraries are a place to go to relax and learn. We hope residents and visitors alike will relax with our exhibit and learn more about the degraded condition of our Inland Bays water quality, making them often un-swimmable and unfishable. Delaware’s Inland Bays (Rehoboth, Indian River and Little Assawoman) are shallow, slow draining bodies of water facing ongoing challenges from nutrient pollution and often very high levels of bacteria contamination. Learn more by visiting the Foundation’s web site and Face Book pages https://www.facebook.com/InlandBaysFoundation.

The Foundation is a private, non- profit organization which is dedicated to cleaning the Inland Bays to make them once again- fishable and swimmable. We meet the second Wednesday of every month at 4 PM in the Bethany Library. The Public is welcome and encouraged to join us in our efforts.

Storm water is one of the leading causes of non- point pollution for Delaware's Inland Bays.

The new Storm Water Regulations for Delaware are modeled on the Inland Bays Pollution Control Strategy formulated by the Tributary Action Teams many years ago but are still valid. A key part of the plan to prevent Storm Water pollution was the definition and establishment of Best Management Practices (BMPs). The Primer shown below provides you with many links to help educate you- the Inland Bays Stakeholder and provide you a reference as to what you should expect from this critical aspect of cleaning our waters. See below: Note- all were speakers at a recent DNREC Watersheds web cast seminar.


Series 1: The Life of a Stormwater Practice, Session 2: Design & Construction of BMPs WEBCAST RESOURCES

Scott McGill Webcast Resources (Ecotone, Inc)

Arditi, David, Ahmed Elhassan, and Y. Cengiz Toklu. 2002. Constructability Analysis in the Design Firm. Journal of Construction Engineering and Management March/April 2002: 117-126.

Comparing LID and Stream Restoration

Evaluating the Cost Effectiveness of Restoration

The Carbon Consideration, What Role Does Atmospheric Carbon Play in Stream Restoration Decision-Making, and How Much Should it? by Brian Bartell, Ecotone, Inc. Presentation at the 2013 Mid-Atlantic Stream Restoration Conference (Baltimore, MD)

Jason Vogel, Ph.D., P.E. Webcast Resources (Oklahoma State University)

Oklahoma State University Low Impact Development website http://lid.okstate.edu/

Green Country LID Competition and Great Plains Research and Innovation Symposium website http://lidcompetition.okstate.edu/

City of Tulsa Pervious Concrete Demonstration http://water.okstate.edu/documents/external/ED%20Page%2011.pdf

Bryan Seipp and Joe Battiata, P.E. Webcast Resources (Center for Watershed Protection, Inc.)

Washington, DC Stormwater Management Guidebook http://ddoe.dc.gov/node/610622

Urban Subwatershed Restoration Manual Series Manual 3: Urban Stormwater Retrofit Practices http://www.cwp.org/online-watershed-library/doc_download/60-urban-subwatershed-restoration- manual-series-manual-3-urban-stormwater-retrofit-practices

Rhode Island Department of Environmental Management - Construction and Maintenance Tips: http://www.dem.ri.gov/programs/benviron/water/permits/fresh/pdfs/bmpch11.pdf

Speaker Contact Information

Bryan Seipp - Master of Ceremonies and Host - Watershed Manager/Professional Forester - Center for Watershed Protection, Inc. - 8390 Main Street, 2nd Floor - Ellicott City, MD 21043 - Phone: (410) 461-8323 xt 209 - Email: bts@cwp.org http://www.cwp.org/

Joe Battiata, P.E. - Senior Water Resources Engineer Center for Watershed Protection, Inc. Mechanicsville, VA - Phone: (804) 789-9595 - Email: jgb@cwp.org http://www.cwp.org/

Scott G. McGill Principal, Geomorphologist Ecotone, Inc. Box 5 Jarrettsville, MD 21084 2120 Highpoint Road Forest Hill, MD 21050 Phone direct: (410) 459-6312 Phone office: (410) 420-2600 Email: smcgill@ecotoneinc.com www.ecotoneinc.com

Jason R. Vogel, PhD., P.E. Assistant Professor & Stormwater Specialist Riata ‘Green’ Entrepreneurship Faculty Fellow Biosystems and Agricultural Engineering Oklahoma State University 218 Agricultural Hall Stillwater, OK 74078 Phone: (405) 744-7532 Email: jason.vogel@okstate.edu http://lid.okstate.edu/

Appeal Filed Against DNREC-Approved Remediation Plan for Allen Harim Facility

Local groups charge State-determined remedial order violates the statutory, regulatory requirements

Today, the organizations Protecting our Indian River and Inland Bays Foundation filed an appeal with the Delaware Environmental Appeals Board regarding the proposed controversial South Korean-owned Allen Harim poultry processing plant in Millsboro, Delaware. The appeal challenges the December 24, 2013 Order of the Secretary of the Delaware Department of Natural Resources and Environmental Control (No. 2013-WH-0061) which approves a proposed remedial action plan at the site of the town’s former Vlasic pickle plant -- a currently contaminated Brownfield’s site.

The appeal was filed by Ken Kristl, Esq. and the Widener Environmental and Natural Resources Law Clinic. The Widener Clinic provides representation and legal assistance to public interest organizations and individuals on environmental matters in Delaware and other Mid-Atlantic states.

“We are seeking to reverse the order,” said Cindy Wilton, a founding member of Protecting our Indian River. “The remediation plan that DNREC proposed misses the mark on so many levels that they simply need to go back to the drawing board and make solid, fair, realistic plans for reviving that site.”

According to the appeal, the remedial plan determined by the Delaware Department of Natural Resources and Environmental Control (DNREC) was flawed in several key elements, including:

  • The failure to characterize adequately the hazardous substances on or emanating from the site. This includes the failures to sample in areas of known or suspected areas of contamination, consider all data about the site, and determine potential and actual offsite impacts.
  • The failure to evaluate properly the risks created by the hazardous substances on or emanating from the site. This includes the failure to consider known or suspected risks at the site, develop sufficient data to conduct an adequate risk assessment, have adequate data to support the risk assessment actually conducted, and determine risks from potential and actual offsite impacts.
  • The failure to impose a remedy that reduces and/or eliminates the impacts and risks of the hazardous substances on or emanating from the site.

Numerous experts submitted testimony at the December 17, 2013 remediation plan hearing concerning the current Brownfield site that is set to be converted into a poultry processing plant for 104 million birds per year.

Expert testimony by Socially Responsible Agricultural Project (SRAP) engineer and factory farm authority Kathy Martin highlighted flaws in the on-site testing, particularly from the waste water treatment plant. SRAP’s Genell Pridgen also provided written comment on arsenic and cobalt findings in the site investigation. Inland Bays Foundation’s science coordinator John Austin, a 33-year veteran of the U.S. Environmental Protection Agency, presented testimony denouncing the DNREC’s proposed monitoring plan as “inadequate.” There was no testing offsite to private wells, which has been reiterated by the community and various experts as inadequate to ensure protection of water wells and public health.

“This was a missed opportunity by DNREC to do things the right way,” said SRAP’s Maria Payan. “Community health and environmental stability were back-burnered in favor of a quick fix that was no fix at all. This process should start again, and this time the citizens of Sussex County need to be respected and protected by its government agencies.”

Read the Statement of Appeal...


The Inland Bays serve as a valuable recreational asset for residents and visitors, and as a diverse habitat for both terrestrial and aquatic life. We hope to educate the public on the importance of maintaining a healthy watershed in Sussex County Delaware protecting wildlife, water fowl and sandy beaches for us all.

The following is a very good recap of the current situation with the Pinnacle "Brownsfields" site in Millsboro prepared by Cindy Wilton, head of the Protect Our Indian River non profit group which the Inland Bays Foundation is partnering with on this effort-

Protecting our Indian River --UPDATE--

First, we want to thank the many people that donated to Protecting Our Indian River citizens’ group. We filed an appeal with the Sussex County BOA for approval of the “potentially hazardous use“ special exception for the proposed 2 million bird per week slaughterhouse on the Indian River at the already contaminated Vlassic/Pinnacle plant. Richard Abbott, Esq. is representing us in that Appeal against the Board of Adjustments decision. Here is article referencing appeal...

We are also appealing the DNREC remediation plan, which only calls for monitoring-no remediation of contaminates. They call this a “no action remediation plan. “ We are being represented by Kenneth T. Kristl, Esq. and the Widener Environmental and Natural Resources Law Clinic (Clinic), located at the Widener University School of Law in Wilmington, DE. The Clinic provides representation and legal assistance to public interest organizations and individuals on environmental matters in Delaware. Here is article referencing appeal...

To date we have raised approximately $3,000. These funds are now depleted. The community also paid $800 to sample 13 private wells off-site.. 8 of the 13 wells tested positive for cobalt, one of the contaminates found on Vlassic site. Dr. Lau from the Delaware Department of Health and Human services confirmed cobalt in 6 of 6 samples he tested. This confirmed lab results of citizen testing by John Austin, analyzed by Lancaster Eurofin lab. Testing shows pollution plume is traveling.

This processing plant proposal , if approved, threatens public health, the Indian River, quality of life and property values-and not only to those who live near the proposed plant. Remember, South Korean Allen Harim has stated publicly they want to put 100 poultry confinements (AKA factory farms in a 50 mile radius. That means everyone within a fifty mile radius will now face the same threats.


If you can, please help with a tax-deductible donation of $20, 50, 100 or whatever you can. Please, make check payable to “SRAProject”, under memo line, please put “Protecting Our Indian River. (donation is tax deductible). Mail to: Cindy Wilton, 27927 Possum Point Road, Millsboro, DE 19966. Or online here: Please under "include a note", please put "Protecting Our Indian River"

The state is trying to fast track this project. Even the EPA had to step in as DNREC transferred an EXPIRED permit, and told them that it wasn't allowed. Read more...

I want to say a big THANK YOU to Socially Responsible Agricultural Project (SRAP) who has helped us organize and provided experts for us ,John Austin who has donated countless hours and the Inland Bays Foundation. We would also like to thank the Delaware Chapter of Sierra Clubs for their testimony and the countless media organizations and blogs who have helped with reporting.

Find us on the internet http://www.protectingour indianriver.com/

Find us on facebook https://www.facebook.com /groups/455758131181559/

Thanks again for your support. Please feel free to share with your neighbor!