This is a Test! This is Only a Test!

The Township opened a valve that drains water from the pond and diverts the water around the spillway.   The Township and the Engineers wanted to understand better the depth of the pond.  They also wanted see how much silt was in the pond.  Photographs were taken and will be helpful with future designs to bring the Dam within the DEP Code.  I was not there, but was told that pond drained rather quickly.  And now we know why; there’s not that much water.

If you’re like me and you had a chance to take a look at the pond, dam, and spillway, you probably made the same observations:

1. The view is much better as is… water flowing over the spillway, the pond at its current water level.
2. The pond is not that deep.  When full, there is only about 3 -4 feet of water up against the dam.   How much pressure is truly against the dam?  Is a ’sunshine breach’ really probable?
3. Lowering the dam and spillway (one of the options on the table) would eliminate totally the pond and leave behind mud flats or a swamp-like area.
4. Perhaps with evidence of how little water is impounded by the dam, the DEP will be able to re-classify the dam and eliminate the need for any construction.

Hopefully a lot good information was obtained during this test and assists us in getting closer to keeping the Hershey’s Mill Dam as is.

For those of us that were at the meeting it was tense evening.  After sitting through some normal BOS business (introductions, police report) and a brief separate hearing on a new parking ordinance, we finally got to the Hershey’s Mill Dam.  We then had to sit through a recap of the issue and the various options on the table.   Finally, the community was given the opportunity to comment and give our perspective on the Hershey’s Mill Dam situation.

The savethedam.org group represented by Joe D’Antonio, Bernadette McLoughlin, and Neil DeReimer made the first three presentations to the BOS.  One after another, residents came forward to the microphone and pleaded with the BOS to reject the NRCS Grant and to give the Township and Residents more time to seek alternatives and funding.  With each plea came applauds and cheering from the audience.

Finally, we got to the moment of truth.  A motion was put forward to accept the NRCS Grant.  Each Supervisor then provided comments and an indication of how they would vote on the motion.  Carmen Battavio spoke first.  He described the passion that he saw from the community and his willingness to reject the NRCS grant money.  Next, Thom Clapper presented his comments.  Although Mr. Clapper in his younger years lived next to and had fond memories of the Hershey’s Mill Dam, he felt a fiscal responsibility to the Township to accept the NRCS Grant money.  At this point, the vote was tied 1-1.  Don McConathy spoke next.  In addition the support he saw from the community, Don believed that there were too many unanswered questions regarding how the NRCS would reclaim and refurbish the land now occupied by the pond, dam, and waterfall.  Don felt it was irresponsible to accept the NRCS Grant.  We’re ahead 2-1.  Next up was Joe McDonough.  Now, it is my opinion that Joe had come to the meeting leaning towards accepting the NRCS Grant.  In fact, I think Mr. McDonough may have even stated that.  But it was clear that the over whelming community support, the work of the savethedam.org group, and the passion displayed at meeting convinced Joe to vote against accepting the NRCS Grant.  A majority, 3-1, We Did It! 

Now, it is worth highlighting and commenting on some of the other statements Joe McDonough made.  Joe challenged the community not to just ‘go away’.  He asked us, and believed that we would respond, to continue to work on finding alternatives and generate funding to save the Dam.  We can not let this just be a problem for the BOS to solve.  We need to work together in conjunction with the Township… and we will.

Finally, Marty Shane provided his comments and perspective.  It was clear the Mr. Shane had not made up is mind and was torn with how to vote.  While he was relieved that he did not need to cast the tie-breaking vote, he did mention that it was most difficult for him since he is up for re-election in November.   But after a few minutes of listening to Mr. Shane go back and forth reminiscent of Tevya in “Fiddler on the Roof”, Marty said he would vote against accepting the NRCS grant.  The final tally, 4-1 against accepting the NRCS Grant.  It wasn’t over yet, the actual vote hadn’t been cast.

As Robert’s Rule of Order go, there was now an additional comment period.  In what I believe was an odd moment in the evening, Ms. Linda M. Gordon offered a comment to the BOS that they were acting irresponsibly and that the best course of action was to accept the NRCS Grant and to tear down the dam.  What I find odd with this comment, is that Ms. Gordon is best known for authoring the recently published book “East Goshen Township (PA) (Images of America).  This book shows images of East Goshen that are no longer there as well as photos of existing structures including the Hershey’s Mill Dam.  (Earlier in the evening, Marty Shane gave a plug for Ms. Gordon’s book and encouraged residents to purchase it.)  Another resident also made a comment in favor of accepting the NRCS Grant.

With that, the comment period was closed.  The BOS voted.  The motion was defeated, 4-1.  While this was a major victory in our efforts to Save the Hershey’s Mill Dam.  It is only the first step.  The Pennsylvania Department of Environmental Protection (DEP) still requires that the Hershey’s Mill Dam comply with the Dam Safety Code.  EGT must apply for a permit by the end of the year (2009) to modify the dam so it meets the code.  In order to apply for the permit, engineering drawings are required to describe the construction and insure that the end result will be within code specifications.  The permit is good for 5 years.  So, we have 3-4 months to develop an alternative for the Dam that maintains its current picturesque viewscape.  This will also provide firm estimates for construction cost as well as time to begin fund raising to offset the cost.  Our work has just begun.

Thank you to all the residents who came out to the meeting, made comments, and showed their support.

On Tuesday, East Goshen Township Residents met with State Senator Andy Dinniman and his assistant about the Hershey’s Mill Dam.  Sen. Dinniman was very encouraging and supportive.  The residents believed that he concurred with their hope to save the dam.  Sen. Dinniman promised to speak to the DEP on behalf of the concerned residents.

On Friday, Sen. Dinniman sent an e-mail to the residents to inform us that he spoke with administrators at the Department of Environmental Protection and made the case as to why the Dam should not be breached.  Sen. Dinniman has always been a supporter of the environment and preserving open spaces in Chester County.  Sen. Dinniman explained to the DEP how we need to preserve our natural and historical resources.  The Administrators at the DEP will look into situation. 

Also on Friday, residents also heard from Congressman Joe Sestak and Senator Robert Casey’s office.   Many residents contacted the offices of our legislators to inform them of the Hershey’s Mill Dam issue.  Congressman Sestak sent a letter to residents.  In that letter he informed us that he contacted the US Army Corps of Engineers.  They are responsible to maintain and monitor the National Inventory of Dams.  Congressman Sestak asked the Corps of Engineers if they had any information or resources that could assist us.  He also contacted the appropriate state officials in order to get a detailed explanation of the situation.

We hope to hear back from Senator Dinniman and Congressman Sestak in the upcoming weeks.  Finally, on Friday I received a call from a Field Representative in Senator Casey’s office.  The Senator’s office is looking for information on the situation.  There is a meeting next week in the Philadelphia office. 

While there is nothing certain yet, these activities are promising.