Give Thanks For Deer Creek While There Is Still Time

"We stand now where two roads diverge. But unlike the roads in Robert Frost's familiar poem, they are not equally fair. The road we have long been traveling is deceptively easy, a smooth superhighway on which we progress with great speed, but at its end lies disaster. The other fork of the road - the one "less traveled by" - offers our last, our only chance to reach a destination that assures the preservation of the earth." 
- RACHEL CARSON 

Well, it's the time of year to give thanks, and we here at PU are thankful of a number of things, like the natural beauty and resources of Pennsylvania. We are also grateful for the dedicated staff at the various agencies that protect our environment, sometimes in spite of the so-called leadership of the agencies. This PU speaks to that. A couple of years ago, we published a Thanksgiving PU that featured DEP Secretary James Seif [http://www.rayproffitt.org/pu/pu112797.htm]. Secretary Seif is a central character in this PU as well (wonder if it has anything to do with a seasonal bird?). Recently, we received a copy of a letter written by a developer from Texas, Mr. Joseph S. Howell III, to Mr. Seif that we now print in its entirety [links to the original letter listed below]. In a nutshell, Mr. Howell plans to build a mall on 243 acres of undeveloped land just north of Pittsburgh, at the intersection of the Turnpike and Route 28. His project will obliterate 6 1/2 acres of wetlands, and he'll have to move over 1/2 mile of Deer Creek, one of only 3 streams in Allegheny County supporting trout, that has inconsiderately located itself in the middle of his planned mall. 

Howell wants to move that pesky stream off to the side so he can get on with business (remember DEP's new motto, "Open For Business?" this is the kind of business that DEP means [http://www.rayproffitt.org/pu/UpdateJan31,97.htm]). Note the easy familiarity he has with Seif, as if they're old friends, and the instances he "tattles" on the State agency staff (must be those "maverick technocrats" he's talking about). It sounds like Seif has already agreed to a "wetlands conservancy" for a project that hasn't even seen the light of day via publication in the Pennsylvania Bulletin! Now that's what we expect from an agency that is "open for business." 

Please read the letter through to the end and find out directly from Mr. Howell, how he plans to overcome those nearsighted bureaucrats who are too focused on the concerns for the resource. And don't go away! In the next edition of PU, you'll hear why a certain college (mentioned by Mr. Howell) is so interested in this project, what great conservationist they have dared to name the mitigation site after, the resource damage this developer has already caused, and the meetings this developer has arranged with congressmen and senators to pressure state and Federal agencies.

Enjoy, and have a Happy Thanksgiving! You too, Messrs. Howell and Seif. 

Woodmont Corporation
6500 West Freeway, Suite 900
Fort Worth, Texas 76116-2190
817/732-4000 Metro 972/445-5900
FAX: 817/735-4738

September 20, 1999

Secretary James M. Seif
Pennsylvania Department of
Environmental Protection
Rachel Carson State Office Building
P.O. Box 2063
Harrisburg, PA 17105-2063

RE: Deer Creek Crossing Harmar Township, Pennsylvania

Dear Secretary Seif:

I want to bring you up to date on the Deer Creek Crossing development in Harmar Township.

On the federal front, I have had excellent meetings in Washington with the appropriate staff of Congressman Mike Doyle, Senator Rick Santorum, and an old friend of our from Texas. Senator Kay Bailey Hutchison, who serves on the Senate Environmental and Appropriations Committees. I've enclosed some follow-up correspondence which went to all three administrative aids (sic) that detail those discussions.

You will note, in the portion of the letters dealing with environmental issues, we have met with representatives of Chatharn (sic) College and they are truly excited about the prospects of utilizing our wetlands conservancy as an "outdoor laboratory." This was an idea that was born from our discussions with you in Harrisburg, and we would be most appreciative of any further thoughts or suggestions you may have concerning this unique opportunity to forward public education and awareness of the environment.

The correspondence also outlines how we are addressing the 404 permitting process through advance meetings with the Army Corps of Engineers and the U.S. Fish and Wildlife Service. Our purpose in those meetings is to point out the "public good," as well as the positive environmental aspects of the project to the heads of the agencies, so they are not placed in a position of having to later defend a field biologist's myopic project assessment. So often, well-meaning field biologists inflict enormous time delays on a project by their inability to see the total scope of a project.

***End page 1***

It is very apparent that this has already occurred with the Pennsylvania Fish and Boat Commission (PFBC) at the state level. As you can see from the enclosed article, the field biologist for the Pennsylvania Fish and Boat Commission has already made up his mind about moving (or should I say not moving) the stream channel. Ron Tibbott, was quoted as saying "with a stream that size, it's practically impossible to do." "The simplest way is to leave the stream alone and put some vegetation around it." (See enclosed article.)

I don't see how he could have reached a conclusion on this project. The permit was only resubmitted on August 27th. (You will remember PA DEP originally ruled our submission incomplete.) And although Nancy Rackham worked overtime to finish her completeness review prior to leaving on vacation in Ireland, the completeness letter sat on Larry Busack's desk for two weeks until she returned. The date of the newspaper article is September 10th, which means Ron Tibbott's quotes were given to the press on September 9th. It is doubtful he could have even physically had a copy of the joint permit submission, much less had time to review a permit this comprehensive.

I asked Joyce Duriga, the reporter of the story, where she had gotten her information when she called me to ask my response to DEP opposition to the project. She told me one of their photographers was contacted by Larry Busack who volunteered that the Fish and Boat Commission was in opposition to the project. PA DEP was pro-active in notifying the newspaper that PA DEP was opposing the project before PA DEP had even completed their technical review. I gave Joyce one quote she did not print, that "something seemed fishy here." She did not print it in an obvious attempt to protect me from myself.

Given the circumstances, I would like to propose a meeting with the following individuals between September 27 and September 30, and would appreciate any suggestions on how best to accomplish this:

* Larry Busack, PA DEP
* Nancy Rackham, PA DEP
* Ron Tibbott, PA Fish and Boat Commission
* Ron Tibbott's supervisor at PA Fish and Boat Commission
* Anyone else you might suggest

We would be available to meet in Pittsburgh, Harrisburg, or anyplace in between to attempt a resolution of this matter as Ron Tibbott's and Larry Busack's current attitude are certain to cause delays.

***End of page 2***

The purpose of the meeting would be to broaden the vision of the field biologists who are going to be doing the technical review. They should be considering the overall scope of the project and examining the permit application in terms of overall impacts to the environment.

I would like to, at this meeting, make then aware of Title 25 of the Commonwealth of Pennsylvania Code (Environmental Protection), Chapter 105, Section 16 which clearly states:

"The Department will evaluate the public benefits of the project to determine whether the public benefits outweigh the environmental harm." (See enclosure.)

It goes on to define public benefits to include, but not be limited to:

* Protection of public health and safety (the relocation of Rte. 910);
* The creation and preservation of significant employment (1,600 construction jobs and 3,000 new  
   permanent jobs created in an area that is historically losing population);
* Provision of public utility services;
* Other essential social and economic development which benefits a substantial portion of the 
   public   (the new Rte. 910/Rte. 28 interchange, and the creation of a wetland conservancy for the
   furtherance of public education and awareness of the preservation of the environment. (See
   enclosure.)

I believe all of this can be presented in a positive format as there is no question in my mind the project, if given a fair hearing, will stand on its own, both from an environmental and a public benefits perspective. I think the meeting could serve to prevent a Ron Tibbott or a Larry Busack from taking an indefensible position that they, and/or their supervisors would later have to defend.

If you feel it would be helpful to get any state legislators involved, (i.e., ones that would have any specific influence with the Fish and Boat Commission), please let me know. This is State Senator Melissa Hart's district and she is a strong advocate for the project. In fact, in my 35 years of development experience, I have never been involved in a project that has enjoyed more bi-partisan support from the elected officials at all levels of government - local, county, state, and federal.

Now we just have to get all the maverick technocrats enlightened.

***End page 3***

Thank you for all the assistance and positive suggestions that you have contributed to this effort. Before this is over, I truly believe Deer Creek Crossing will become a national example of responsible growth, sensitive to the preservation of the natural environment.

I look forward to your guidance and council.

Best Regards,

Joseph S. Howell, III

Enclosures

Cc Todd Wailsco (?)
      Roger Edwards

NOTE:   The original letter can be downloaded at;  http://www.rayproffitt.org/images/h-s_1.tif 
                                                                              http://www.rayproffitt.org/images/h-s_2.tif 
                                                                              http://www.rayproffitt.org/images/h-s_3.tif 
                                                                              http://www.rayproffitt.org/images/h-s_4.tif  

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