Coalition and DEP Sign Agreement

     Today, September 10, 2001, the Valley Creek Coalition (VCC) and the Pennsylvania Department of Environmental Protection (DEP)signed an agreement ending VCC's appeal of the Vanguard stormwater permit.  The Raymond Proffitt Foundation is a member of VCC and has been part of several lawsuits to protect the Valley Creek Watershed, located in Chester County, Pennsylvania. 

     In this agreement, DEP admits that the Valley Creek Watershed is under stress from over development and poor stormwater management, and that "increased [stormwater] runoff presents a serious threat to the chemical, physical and biological integrity of Valley Creek."  DEP agrees to consider the permanent and cumulative effects on the watershed whenever the state agency issues stormwater permits for construction activities in the Valley Creek Watershed.
     DEP specifically agrees to require stormwater infiltration to meet pre-development levels and further agrees to regulate the volume of discharges so that no harm comes to the watershed. DEP also agrees to regulate pollutants, including temperature, for all discharges.  The agreement will go into effect immediately and apply to all new permit applications.
     This landmark agreement is the culmination of two major lawsuits filed by VCC against the DEP practice of issuing these stormwater permits without considering the permanent and cumulative harm to the Valley Creek Watershed.  VCC settled the first lawsuit, which also included PennDOT, when that agency agreed to install infiltration basins to make up for water lost from new construction on the Route 202 widening project.  The current lawsuit involved Vanguard's use of antiquated lined basins rather than the modern concept of infiltration, or putting back our lost water.

     The Valley Creek Watershed is a 23.4 square mile watershed  primarily running through East Whiteland and Tredyffrin Townships.  The last two miles travel through Valley Forge National Historical Park, and the increased volume of  stormwater discharges has severely eroded the banks of Valley Creek as it flows through the park. In addition, lack of recharged water has caused several of  the creek's smaller tributaries to disappear.  Studies by VCC's consultant, Cahill Associates of West Chester, proved that the increased paving over of the watershed was directly responsible for the degradation of Valley Creek.
     The Valley Creek watershed is designated as Exceptional Value by DEP, which is supposed to protect the watershed from any water quality degradation. It received this designation after unprecedented community and public support.
     Most developers cooperated with VCC concerning proper stormwater management, even though DEP did not require strict controls on discharges.  The few that chose to do it the old way found that VCC was willing to take them to court: PennDOT in 1998 and Vanguard in 2000. Now, DEP has agreed to require the controls so long advocated by VCC.  Let us hope that DEP lives up to its part  of this long overdue bargain, which will benefit all those who work, live and recreate in the Valley Creek Watershed.
     In addition to the Raymond Proffitt Foundation, other members of VCC include the Valley Forge Chapter of Trout Unlimited, West Chester Fish, Game and Wildlife Association, Green Valleys Association, Open Land Conservancy of Chester County, Pennsylvania Environmental Defense Foundation and the Schuylkill River Keeper.
     For further information, please contact  John Wilmer, attorney for VCC, at (610) 565-2736.