Thanks to State Representative Michael Ramone, last week the Delaware Department of Transportation served a “cease and desist” order on the leader of the illegal dumping ring that’s been filling the wetlands on Upper Pike Creek Road with construction debris. He was given seven days to remove the fill or DelDOT will do it for him… and charge accordingly.
Unlike DelDOT, the Delaware Department of Natural Resources and Environmental Control continues to do nothing, but State Senator Karen Peterson has bluntly told DNREC’s David Small that she will be instigating a senate inquiry if they don’t stop shirking their responsibilities.
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More dump status from Senator Karen Peterson:
Dumping in right-of-way
DelDOT issued a cease-and-desist order […] and an order to remove the debris from the right-of-way and restore the affected area. Clean-up has begun and is to be completed by the end of this week. If it is not completed by the property-owner, DelDOT will complete the removal on January 5th.
Possible relocation of concrete to Hamrick’s property
Mr. Hamrick told DNREC’s Sgt. John Eby that he intends to move the concrete out of the right-of-way to another location on his property. DNREC has indicated that they have no jurisdiction over the placement of the concrete chunks on this property because these wetlands “are not tidal and therefore not subject to state jurisdiction.” DNREC has referred this matter to the U.S. Army Corps of Engineers to follow up since the Corps has exclusive jurisdiction over non-tidal wetlands. At this point, no one is sure where he is actually moving the concrete.
Dumping of shattered lath and plaster in Taylor’s Mill Park
This was first reported to DNREC in 2012 and investigated by Officer Casey Fountain. No action was taken by DNREC. The native wetland plants were killed by tons of dumped plaster and concrete, changing the acidity of the swamp — and the area is now overrun with invasive Japanese stilt-grass and multiflora rose, according to Charlie Brooks. New Castle County will investigate the illegal dumping of the lath and plaster on County-owned parkland and take corrective action.
Mr. Hamrick’s “landfilling” activities to construct a “driveway” across County land to reach his property
In 2012, Mr. Hamrick began felling mature trees and dumping tons of lath and plaster in Taylor’s Mill Park wetlands to build a “driveway” across the park in order to make commercial use of the land he owns downstream. Mr. Hamrick told Charlie Brooks that he has permission from both DNREC and New Castle County to do what he is doing. DNREC Officer Casey Fountain told Mr. Brooks that Mr. Hamrick would be allowed to build a “driveway” across county land and into his own property.
Commercial use of wetlands
Mr. Hamrick has stated that he has the right to dump fill on his property to make a pad to store logs. This use of the property would alter the “wetland” designation of the property. New Castle County needs to investigate and take corrective action.
Damage to Mr. Brooks’ property
While DelDOT and New Castle County can order Mr. Hamrick to restore the areas of public land that he has disturbed by dumping construction debris, neither can order him to restore the damage done to Mr. Brooks’ property by driving across it. This would be a “private cause of action” between Mr. Brooks and Mr. Hamrick. It would require an assessment of the damage, proof that Mr. Hamrick caused the damage, a cost estimate to repair the damage, and a civil action filed in the Justice of the Peace court.
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