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Stop the Water Grab - Save Cornag Quarry

The East Branch of the Brandywine River flowing through Wallace and East Brandywine Township was targeted by Philadelphia Suburban Water Co. (PSW) as a new water source. What stopped it?

In one word – perseverance. Those of us involved heard time and again that our efforts were a waste of time. PSW was too tenacious and too politically connected. Without a doubt, we recognized the David and Goliath aspects of the battle. However the more we learned about the water permit process, we became determined to take our arguments as far as possible.

In looking through the three boxes of papers and newspaper stories to prepare this, I was constantly reminded of the critical roles of so many individuals and organizations: Brandywine Conservancy, East Brandywine Township Board of Supervisors, Wallace Township Board of Supervisors, Rep. Curt Schroder, Chester County Commissioners Martynick and Dinniman, Sierra Club, Delaware Riverkeeper, all of those organizations submitting written support including the League of Women Voters, the gubernatorial general election process, now Governor Rendell, and the emergence of grassroots support through the Brandywine Defense Coalition. On several occasions, if an organization had not stepped in to help – the water plant would have been built.

Through a web site and Save Cornog signs, information for Cornog defenders could be continually updated and readily available. The web is now taken for granted but “back then” posting alerts and building an email support network were new. The Brandywine Defense Coalition planned a rally using the web site and signage and, much to our surprise and delight, hundreds of people came to the rally in the little village of Lyndell. Many joined hands and waded into the creek to show their support for saving the Brandywine.

Just about everyone involved in saving the Brandywine had a family and a full-time job. Somehow, they still found time to respond to the PA-DEP arguments with comprehensive arguments, attend meetings in West Chester, Harrisburg, Philadelphia, Norristown, and in Trenton N.J., the Delaware River Basin Commission. The process required legal counsel and ours was not only top-notch but also creative. And, most importantly, they were one of the few firms who had no connection to PSW.

Two important government initiatives had occurred at this time: land-use legislation was approved resulting in the first Growing Greener signed into law by Gov. Tom Ridge; Chester County’s Landscapes had been approved and many of the counties municipalities were in the process of complying with those guidelines. We have been told that the Cornog Quarry issues were the first to test these new laws and guidelines.

Every defense struggle is different. Here are important steps that we took.

• Our argument was that PSW’s Cornog Quarry Project (CQP) was inconsistent with Chester County’s comprehensive plan, Landscapes, and with the comprehensive plans of the townships that would have been affected by the project because it would result in unrestricted extension of public water service through areas that those plans identify as not desired for, or suitable for, growth. At a September 2001 meeting, PA-DEP informed county officials that its permit decision “did not take into account” the Chester County and local comprehensive plans. We believed that this position was contrary to the Legislative intent of the 2000 Growing Smarter legislation passed as PA Acts 67 and 68.
  
• Visit government agencies to review applications, correspondence, everything and anything related to the CQP. Why? In our case, this paperwork, including applications that impacted the township, were not copied to the township. As an example, there was no proof available that East Brandywine Township had ever been notified the township had become a PSW franchise area.
  
• Respond to the errors in these documents. Create fact sheets and updates. Include them in all of your correspondence. We found that PSW was requesting a permit that would allow them to withdraw 4 million gallons of water a day. However the water requirements for the maximum number of new homes estimated to be built in the “service area” was .46 gallons. We found many, many such inconsistencies.
  
• Do not be put off by government employees that say the issue is closed. Find a way to their boss, or their boss’s boss. Rep. Schroder helped open doors to the PA-DEP secretary and, when we hit a wall there, Schroder was able to arrange a meeting with Gov. Ridge’s executive staff. This meeting was one of our first victories – DEP was ordered to re-review the application permit process. However this was just the beginning of the CQP roller-coaster ride - despite Gov. Ridge’s request of DEP, DEP secretary Jim Seif did not permit a fair hearing or review. Throughout the process, PA-DEP gave every benefit of doubt to the applicant, PSW, and summarily dismissed data and statistics offered by the municipalities and expert testimony warning of the fragile nature of the creek at the point for water withdrawal.
  
• Write letters to the editor. Invite the press to meet at the impacted location. Give them your fact sheets. Remember that your opposition most likely has a paid professional on staff doing just that. Respond to letters that appear opposing your position. Call the editor and ask for a meeting to present your argument.
  
• Spread the word and speak to organizations where you think you’ll gain support. Word of the CQP and its implications to Acts 67 and 68 traveled to other state agencies and the PA association for township officials began requesting updates. The Governor’s Center for Local Government Services agreed to do an assessment of the DEP/Cornog decision. Send updates to other organizations – we corresponded with watershed groups and municipalities on a regular basis.
  
• Bring in volunteer specialists. Without some key individuals, the CQP would not have made it through the first year. These volunteers knew how to make maps showing seasonal impacts, another knew how to calculate flows, others stood in the creek in the middle of winter proving that the calculations were correct. A volunteer created wonderful designs for T-shirts and signage and even the design for the petitions. Another created large colorful posters. The Downingtown Ecology Club started the grassroots efforts.
  
• Add historical information. The CQP was a particular insult to Wallace Township because the state took 1,705 acres to build Marsh Creek Dam and a park. The story of the now-gone farms and village was of interest to many.
  
• Build a web site. Use every means to advertise the web address. Learn how to make sure your web site comes up on Google whenever a user types in your key words. Ten years ago, simply searching for PSW would bring up the Cornog link.
  
• Build a grassroots network. In the last year, the work of the Brandywine Defense Coalition was essential. They organized a rally beside the creek, a bus trip to the rotunda in Harrisburg, the circulation of petitions (shaped like fish) which were delivered to the governor’s office in a fish net.
  
• Involve candidates who are running for office at all levels. In the last year of the CQP, there were several contested races on the November ballot. Questionnaires were sent to these individuals and they were also invited to speak at the rally. Ask them for their position on the issue and for their support. To be blunt – candidate support and in particular, now Governor Ed Rendell’s support, was key to our success.
  
• If an attorney’s needed, make sure you have one who is well versed in the issue. Follow the usual practice of interviews and requests for references. Make sure they have not worked for the opposition. We learned a hard lesson regarding a (now former) township engineer.
  
• In the last year, the CQP was being defended in Federal Court and before the Environmental Hearing Board. Six individuals, with no legal experience, filed challenges to PSW’s case. During the process, we learned that a “mom and pop” won a land-use case conducted by the Environmental Hearing Board.
  
• Celebrate a hard-fought victory. On October 8, 2004, the Cornog Quarry Project was discontinued and the Brandywine creek will be preserved.
  

Sandy Moser