The Effects of Ill-Planning from the Smedley Tract Park Construction Site

Nicholas Gammaro, Madison Herrera, Laurel Klein and Abby Lodge

Stockton University

Tait Chirenje

Envl 3241
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Abstract

In the summer of 2018, sediments originating from storm drains and retention basins at

the Smedley Tract Park site, located in Media, Pennsylvania, made their way to the local

spring-fed creek, Spring Run. This caused significant discoloration to the otherwise transparent

water. A local resident, Jaclynne Polcino, contacted Dr. Tait Chirenje of Stockton University in

the hopes of determining the cause of turbid water within the creek. Our group’s investigation

was launched with the hopes of confirming the source and cause of sediment pollution. The laws

and regulations that dictate the construction site’s practices were researched to determine the

legality of the matter. It was determined that the Dodge Construction Company is at fault for

violating Delaware County Regulations ​§ 141-25 Pollution and refuse​, as their permitting was

revoked in response to residential complaints. Therefore, any sediment discharge which took

place in October of 2018 could be regarded as unlawful and may be subject to fine. In addition,

the adverse effects of sediment pollution were also researched. Suspended solids can lead to

decreased plant growth and loss of aquatic life​.

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Table of Contents

Abstract 1

Introduction and Site History 3

Background of Related Events 8

Background of Known Legislation 10

Federal Stormwater Laws & Regulations 10
State of Pennsylvania Stormwater Laws & Regulations 11
Media Borough Regulations 12
Stormwater Best Management Practices: Smedley Tract Master Site Plan 13

Legality of Events 14

Environmental Concerns 16

Conclusion 17

References 18
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The Effects of Ill-Planning on Smedley Tract Park Construction

Introduction and Site History

The Smedley Tract Park site is located in Media, Pennsylvania directly north of

Middletown Road (​39°55'13.4"N 75°25'34.7"W​). The site sits in between a more populated

shopping area to the south a suburban community to the north and is approximately 512 meters

(1,678 feet) west of the local Penncrest High School and directly across West Rose Tree Road

from its adjacent athletic fields. It is currently owned by Middletown Township as a means of

creating a neighborhood park over the old agricultural fields donated by the Smedley Family to

the county.

Figure 1:

The site in question is the ‘County Park (Site Development drawing to be prepared)’ within Media Borough, approximately 2 miles from

the epicenter of the map in Figure 6-1.

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Smedley Tract was historically the site of farming from the late 16th century to the mid

20th century; several on-site buildings and facilities support this. Talks of construction on the

Smedley site goes back as far as 2005 when the land boundaries were surveyed. Middletown

Township purchased the property from the Smedley Group in order to prevent developments

from being built on the site. In 2010, plans to begin altering the then farmland into a park began.

In 2018, construction was approved and hence began site operations. The construction of a park

on the Smedley Tract is part of a greater operation called the “Middletown Township Recreation

& Open Space Plan”, which began in 2000. The plan lays out recommendations to construct five

to eleven mini parks and three to eight neighborhood parks between the years 2000 and 2020

(Smedley Tract Master Site Plan, 2010).

Figure 2:

Field Area A Field Area B

Smedley tract consists of two agricultural fields, shown in Figure 2; Field Area A, which

is the southernmost field and is situated on approximately 10 acres of land, and Field Area B,
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which is the northernmost field and is situated on approximately 11.1 acres of land. Bisecting the

two fields is a private road which leads to the various on-site buildings historically used for past

farming operations, as shown in Figure 3. There are seven buildings: One general barn (Bank

Barn), one dairy barn (Test Barn), one shed (Wagon Shed) and four residential buildings. Along

with the buildings is a communications tower owned by Middletown Township and leased to

American Tower. This tower is located just to the north of Field Area A. It is of an important

note that all buildings on-site are considered to be of significant cultural heritage. As such, these

buildings are likely to remain standing in the future and possibly redesignated in role to suit park

operations (Smedley Tract Master Site Plan, 2010).

​Figure 3: Satellite Photo of Site and Surrounding Landscape

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The Bank Barn is deemed to be the most prominent building on the site. It consists of a

main building with two silos. The barn silos were added in the 1920s as part of the ongoing dairy

operations taking place at the farm. Along with this, cold storage was built inside for dairy

products. Currently, the barn is in a state of severe disrepair after being abandoned for several

years. In an effort to preserve the barn, stabilization construction will occur. Several suggestions

as to what the barn can be used for in the future have been taken into consideration (Smedley

Tract Master Site Plan, 2010).

The Test Barn was constructed in the 1920s as a result of the dairy operations at the farm.

The barn housed cattle at the time of its construction to when farm operations ceased. Despite it

not being maintained, the barn remains in fair condition and requires very little reconstruction to

occur. Like with the Bank Barn, the Test Barn has several potential uses laid out in the master

plan for park construction (Smedley Tract Master Site Plan, 2010).

The Wagon Shed was built around the time the original farm house was built. It consists

of an older stone construction with a modern wooden construction. Currently, the shed is being

utilized as a vehicle shed and remains in very good condition. The Wagon Shed is planned to

remain a vehicle garage once the park opens, allowing it to be preserved (Smedley Tract Master

Site Plan, 2010).

The Hilltop Residence is one of four residential buildings located on the site. It sits on

West Rose Tree Road and is currently occupied. As such, the building is in very good condition

and is in no need to maintenance. Since it is owned, the best option for this building is to keep it

a residency going forward (Smedley Tract Master Site Plan, 2010).

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The Longview Residence is the second of the residential buildings on site. Historically, it

was used as the farm creamery and offices during dairy operations. Despite being vacant, it is

currently in good condition and only requires painting on the outside. For the future park

operations, it is suggested that this building become the site of park offices and some indoor park

activities (Smedley Tract Master Site Plan, 2010).

The Oaklawn building is the third of the residential buildings on site. Despite there being

local accounts stating that the building was once a schoolhouse, there is no evidence to prove so.

The building is currently vacant and is in good shape, though minor repairs need to be done to its

roof and a new coating of paint needs to be applied to the outside. Plans for the park involve the

Oaklawn building remaining a residency going forward (Smedley Tract Master Site Plan, 2010).

The Spring House is the final of the residential buildings on site and is located the

furthest down from the farm’s private road. The building is fairly small and historically has been

used mainly as a residency. The current state of the structure is fair, requiring some maintenance

during park construction. Going forth, it is planned that the building will continue to act as a

small residency (Smedley Tract Master Site Plan, 2010).

Our group’s investigation was launched with the hopes of determining the source and

cause of sediment pollution. Along with this, we wanted to know any adverse effects the

sediment could have on both Spring Run and its outlet, Ridley Creek. As the sediment-polluted

water was being discharged into the wooded area, it is suggested that contractors in charge of the

site are violating environmental regulations that have been enacted by federal, state and local

legislation. In order to determine these violations, we have researched the regulations that dictate

the site’s practices and identified environmental concerns that are potentially related.
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Background of Related Events

The concern for this site lies in the fact that sediments originating from storm drains and

retention basins made their way to the local spring-fed creek, Spring Run, and caused significant

discoloration to the otherwise transparent waters. The source of the creek originates in the

wooded area just to the southeast of Field Area B and continues flowing north east through

several residential areas in Media, Pennsylvania. The sediment entering the creek was caused by

a period of heavy rainfall in early October. After which a local resident, Jaclynne Polcino,

contacted Dr. Tait Chirenje of Stockton University in the hopes of determining the cause of

turbid water within the creek. She was concerned the discharged sediment water may have been

toxic. According to town officials, the sediment had made its way from retention basins and

storm drains built on the Smedley site during a period of heavy rainfall. After the initial incident,

in late October, a similar period of heavy rainfall again caused sediments to be deposited into the

creek.

After an on-site investigation by our group, it was determined that waters carrying the

sediments could have originated from one of three retention basins built on-site in order to

contain waters carrying loose sediments from ongoing construction. Two of the retention basins

were located on Field Area A and one located on Field Area B. Conditions at both field areas

were extremely muddy from rainfall and channels where water had washed away surface

sediments were evident. Though it seems that attempts to contain the flow of water were present;

In the form of silt fences lining the property and several dirt banks on hill slopes, the volume of

precipitation had encroached upon the fencing limits. During site inspection, it was noted that the
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retention basins were filled with water with a very similar color to that of the creek during

sedimentation. In order to control overflow, outlets comprised of loose rock were added in each

of the basins. The retention basin of concern was situated on Field Area A. The retention basin in

this area had its outlet facing directly to the hill that leads to Spring Run’s source. It is likely that

this basin had overflowed two times during the two periods of heavy rainfall, causing water

contaminated with sediments to flow down into the creek.

Along with the retention basins, a storm drainage system was installed on the site. The

system appeared to be very new, likely being installed not too long after construction began.

Evidence of another drain being installed in Field Area B supports this. The drainage system

flows underground and down the hill to the west of Field Area A and discharges directly into the

woods where Spring Run’s source is located. Upon inspection of the discharge pipe, sediments

of very similar color to that of the water in both the retention basins and in the creek were

observed along the sides of the pipe discharge point. It is likely that the water from this drainage

system carried water contaminated with sediments directly to the area of the source of Spring

Run.

Emails of a conversation between Jaclynne Polcino’s father and the Middletown

Township forwarded to our group reveal that an inspector was sent to the site following initial

complaints. The contractors at the site were then advised to stop the excessive discharging of

sediment-polluted waters into the area of Spring Run’s source. Despite this, less than a month

later, the creek was again flooded with sediment-polluted water after another period of heavy

rainfall, indicating that the contractors had not followed the proper procedures put in place by the

town inspector.
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In the past, soil from an off-site source was deposited on the fields. Large mounds of the

soils and boulders were observed during our observations. According to Jaclynne Polcino, the

soil came from the site of a previous department store which now is the location of new

apartment complexes, located just south of Middletown Road. It is possible the soils are being

used as filler for the Smedley Tract site.

Background of Known Legislation

Federal Stormwater Laws & Regulations

The Clean Water Act (CWA) prohibits the discharge of pollutants into navigable

waterways from a point source unless, the discharge was authorized by a National Pollution

Discharge Elimination System (“NPDES”) permit. Under the Clean Water Act it is required that

certain industrial facilities, construction sites, and municipal separate storm sewer systems

(MS4) receive coverage for stormwater discharges under a NPDES permit. As well, they are

required to develop a Stormwater Pollution Prevention Plan (SWPP) or a Stormwater

Management Plan (SMP) and establish measures to prevent the discharge of pollutants in the

stormwater (USEPA, 2018).

The National Pollutant Discharge Elimination System (NJDES), specifically the NPDES

Stormwater Program, regulates stormwater discharges from the following potential sources:

municipal separate storm sewer systems (MS4s), construction activities and industrial activities.

A NPDES permit is required from the operators of these sources before discharging stormwater

to prevent stormwater runoff from washing harmful pollutants into local surface waters. The

Environmental Protection Agency authorizes most state governments to perform many

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components of the NJDES permit program. These responsibilities may include the permitting,

enforcement and administrative aspects of the program (USEPA, 2018).

State of Pennsylvania Stormwater Laws & Regulations

In the state of Pennsylvania, the responsibility for administering the federal Clean Water

Act and state stormwater regulations resides with the Department of Environmental Protection

(DEP). In order to regulate and manage stormwater the Pennsylvania DEP utilizes programs such

as, NPDES Permit for Municipal Small and Large Separate Storm Sewer System (MS4

Program), NPDES Permits for Discharges Associated with Construction Activities, and the

Pennsylvania Storm Water Management Act (StormwaterPA, 2018).

The PA Stormwater Management Act of 1978 provides the legislative basis for

storm-water management. It calls for storm-water management plans from counties within

designated watersheds and that each municipality assumes stormwater regulations to implement

each respective plan. There are 376 designated stormwater management watersheds in PA and

each one has its own natural, social and cultural features that may require flexibility to address

the specific characteristics of each watershed (StormwaterPA, 2018). Middletown Township is

located within two watersheds, Ridley Creek Watershed and Chester Creek Watershed

(Middletown Township, 2018).

The NPDES permitting and compliance monitoring programs for industrial, municipal

and commercial stormwater in PA are administered by the Bureau of Clean Water. This

department of also oversees the implementation of the Act 167 stormwater management program

from the regional offices of the state’s DEP. The Stormwater Management Act, also referred to
THE EFFECTS OF ILL-PLANNING FROM THE SMEDLEY TRACT PARK CONSTRUCTION SITE 12

as Act 167, was created in order to encourage planning and management of stormwater runoff in

each watershed, authorize a comprehensive program of storm water management and encourage

local administration and management of stormwater consistent with the Commonwealth's duty as

trustee of natural resources and the people's constitutional right to the preservation of natural,

economic, scenic, aesthetic, recreational and historic values of the environment. (Stormwater

Management Act, 1978). According to the DEP, each county must prepare and adopt a

watershed stormwater management plan for each watershed in the county and it must be

reviewed periodically reviewed and revised every five years. (PADEP, 2018)

Media Borough Regulations

As an operator of a stormwater sewer system, the Borough of Media holds a MS4 permit

that requires participation in the NPDES Phase II stormwater management program. In 2017,

Media Borough adopted the ​Media Borough Stormwater Master Plan i​ n order to establish best

management practices for stormwater​ (​ Media Borough).​ ​The plan addresses stormwater runoff

by identifying and prioritizing the most effective projects throughout the borough to address

flooding and related environmental problems in the town. The Borough has decided to

engagement a stable approach of, “Increasing the service capacity of stormwater collection to

meet standards for urban design.” As well as, “Evaluating a full range of potential ‘green

infrastructure’ interventions which will provide a means to explore a wide-range of options that

will allow plan flexibility to suit the Borough’s needs and align better with current and future

planning goals.” (T&M Associates, 2017). The stormwater management plan for Media
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highlighted 6 program goals in the executive summary of the report. Those include, (1)

enhancing the overall quality of life for the residents by addressing nuisance flooding issues that

are common in the Borough, (2) address the water quality concerns common to urbanized areas,

(3) use green infrastructure to address resident stormwater concerns and the MS4 pollution

reduction planning goals, (4) to utilize a balanced approach to meeting these goals through a mix

of traditional grey infrastructure and green infrastructure strategies, (5) to develop partnerships to

take advantage of opportunities for runoff reduction, and (6) to provide a model for other

communities for sustainable redevelopment (T&M Associates, 2017). Green infrastructure seeks

to protect, restore or mimic the natural water cycle through a decentralized stormwater approach.

The plan concluded that the main flooding problem areas are contained within five distinct

‘drainage-sheds’ for Media Borough. Evaluation of the existing problem areas was based on each

drainage-shed (T&M Associates, 2017). This plan was designed to determine innovative

methods to increase the effectiveness of the stormwater system in Media, to reduce the frequency

and extent of flooding and to determine the best alternatives for correcting insufficiencies within

the system, adopted in 2017 the plan was to begin implementation in 2018.

Stormwater Best Management Practices: Smedley Tract Master Site Plan

​ tormwater Best Management Practices

According to the ​Smedley Tract Master Site Plan S

have been proposed and plan to be implemented during the design development and construction

documentation phase of the project. The Master Site Plan intends various storm-water facilities

for the Smedley Tract Park. These facilities include, perimeter infiltration trenches and
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underground detention and/or infiltration beds for the athletic fields, pervious surfaces (in the

parking lot, loop trail, playground safety surface) as well as, two large infiltration areas below

each athletic field area. It is noted that the large infiltration areas will be designed to hold

shallow amounts of storm-water that will slowly infiltrate into the soil the majority of the time.

In the face of larger rain events the areas will hold rainwater for up to 24 hours, both areas will

include emergency overflow structures to transport storm-water to natural drainage ways on the

site at controlled rates (Simone Collins, 2010). The Plan also states that solutions for stormwater

management are offered by the ​Pennsylvania Handbook of Best Management Practices for

Developing Areas. ​It also mentions that incorporation of Best Management Practices, such as

porous paving in lots and underground infiltration for recreation facilities, require site specific

soil tests to determine site suitability and the infiltration rates of the existing soils (Simon

Collins, 2010). There is clear intent for the current developers to utilize BMPs while creating the

Park in Middletown however, there is no evidence as to how they are implementing BMPs from

this document.

Legality of Events

The current task at the site is to stabilize Smedley land for park appliances such as a

hiking trail, grass fields and possible playing fields (Smedley Tract Master Site Plan, 2010).

However, with recent weather patterns, increased precipitation has allowed for water and

sediment to overflow previously set retention basins (Philadelphia International). As a result, the

manager of Dodge Construction, contracted by the town to stabilize the site, dumped excess

water and sediment down a corridor into the Spring Run Creek. Dumping of excess sediment
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into the creek presents itself as purposefully disregarding legislation from the surrounding area

and the state of Pennsylvania.

The Spring Run creek, which runs through several neighborhoods and into other main

waterways such as Pine Ridge Run and Crum Creek carried sediment rich water through part of

the Delaware county, impacting the Ridley Creek watershed. Although the town was aware of

the contractors actions, public concern of turbid creek water which runs through individual

homeowners properties initiated the forced termination of the discharge into Spring Run Creek.

The main cause for current concern includes the possible illegality of the contractor’s

methods to remove sediment rich water from several Smedley park retention basins. However, as

previously stated, the increased sedimentation within the waterway was noted on several

accounts after the initial supposed termination of the process. As the action of transferring the

retention basin water directly into the stream below impacted nearby residences, they may be

able to file a claim against the contractor as well as the town in regards to sediment pollution. In

accordance to the legislation described above, the contractor and town is responsible for

obtaining federal permits such as NPDES permitting and SMP. As the site of concern is a

mini-park under Smedley park, Volume III: County Parks and Recreation Plan is responsible for

listing necessary permits. Within the volume, ​Chapter 6: Smedley County Park p​ rovides further

information. The chapter states that the Smedley County Park system has already obtained

PADEP and NPDES permitting. However, under The Delaware County’s section ​§ 141-25

Pollution and refuse, t​ wo subject headers stand out in regard to the current sediment pollution;

A. Pollution of waters.​ No person shall, within or without said parks, discharge into the
waters of the parks or any tributary, river, brook, stream, storm sewer or drain flowing
into said waters any substance which may result in the pollution of said waters.
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C.​ Dumping.​ ​No person or company shall dump any material anywhere within the park
without the written authorization of the Parks Department. This is to include depositing in
any dumpster, waste station, garbage can, or recycling can any waste which is generated
outside of the park.

According to these Delaware County regulations, the Dodge Construction company must

have pre-authorization to dump excess sediment-rich water into the creek from the Parks

Department. Although Dodge Construction was approved for the first sediment discharge

occurrence, the termination of their actions by the town discounts further sediment unloading

into the creek. The Code Enforcement Director from Media Borough, Jim Jeffery, was contacted

to discuss possible outcomes but the call attempts remained unanswered.

Environmental Concerns

Suspended solids are naturally found in waterways. Problems occur when there is a

surplus of suspended solids. Often, it is the smallest, most fine particles that cause the serious

problems. Increased suspended solids makes the water more turbid or cloudy. This then limits

the amount of sunlight that reaches aquatic plants – stunting their growth. Fine particles of

suspended solids can also clog fish gills and harm their respiration. Another problem with

suspended soils is that they can make their way into drinking-water treatment plants and interfere

with the efficiency of the water disinfection by shielding microorganisms from the disinfectant.

There are then surviving microbes that enter the drinking water (Hill, 2010).

Water also contains some natural plant debris and wildlife feces which microorganisms in

the water decompose. Microorganisms require a certain amount of dissolved oxygen (DO) to

decompose a given amount of organic material and this is known as the ​Biochemical Oxygen
THE EFFECTS OF ILL-PLANNING FROM THE SMEDLEY TRACT PARK CONSTRUCTION SITE 17

Demand (BOD)​. Increased BOD caused by human activities can have negative effects on the

water body. High BOD can reduce or deplete the DO in the water. These low oxygen conditions

are known as hypoxic conditions. Fish can swim away from these hypoxic areas. However,

crabs, snails, and other sedentary organisms usually die (Hill, 2010).

The site drains into the Spring Run, which is a tributary to Ridley Creek. The portion of

Ridley Creek to which Spring Run drains is classified as a High Quality-Trout Stocking Fishery.

Suspended solids could decrease aquatic plant life, which could decrease the amount of trout in

this area. Similarly, hypoxic conditions could cause a decrease in the fish populations as they

migrate to areas with more oxygen.

Conclusion

After weeks of heavy rainfall on the Media Borough, PA area, the Smedley Track Park

construction site found it necessary to discharge their overflowing retention basins into the woods below.

Sediment discharge from the site ran into Spring Run Creek, a spring-fed creek which flows through

several residential areas and into larger bodies of water such as ​Ridley Creek. Spring Run’s excess

sedimentation may cause environmental pollution such as increased turbidity and lowered

dissolved oxygen concentrations. With concern for the area, further research into the federal,

state and local legislation determined that the Dodge Construction Company is at fault for

violating Delaware County Regulations ​§ 141-25 Pollution and refuse​, as their permitting was

revoked in response to residential complaints. Therefore, any sediment discharge which took

place in October of 2018 could be regarded as unlawful and may be subject to fine.
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References

Hill, M. K. (2010). ​Understanding environmental pollution​ (3rd ed.). Cambridge: Cambridge

University Press. doi:ISBN-13 978-0-511-90782-1

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Media Borough. (2018). ​Media Borough Stormwater Master Plan. R
https://www.mediaborough.com/publicworks/media-borough-stormwater-master-plan

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Middletown Township: Delaware County, Pennsylvania. (2018). ​History. R
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02EDE108E&DE=048A9840-1930-4152-AEA3-C101C9E5ECCD

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PADEP, (2018). ​Act 167. R
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PADEP, (2018). ​Stormwater Management. R
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Pennsylvania DEP, (1978). ​STORM WATER MANAGEMENT ACT: Act of Oct. 4, 1978, P.L.
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Philadelphia International, PA History. (2018, October). Retrieved December 10, 2018, from
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Simone Collins Landscape and Architecture, (2010). ​Smedley Tract Master Site Plan:
Middletown Township, Delaware County, PA. P ​ age 49-52. Retrieved from:
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Smedley County Park. (n.d.). Retrieved December 10, 2018, from

http://www.co.delaware.pa.us/planning/pubs/OSRGP/Vol-III_Chapter6SmedleyCountyP
ark.pdf
THE EFFECTS OF ILL-PLANNING FROM THE SMEDLEY TRACT PARK CONSTRUCTION SITE 19

Smedley Tract Master Site Plan, (2010). Retrieved December, 2018, from
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770381A63}/uploads/{4A02692C-5276-4C0E-A3B3-54C3584F8961}.PDF

StormwaterPA, (2018). ​Best Practices: Pennsylvania. ​Retrieved from:

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T&M Associates, (2017). ​Media Stormwater Master Plan: Borough of Media, PA. ​Retrieved
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531/media_stormwater_master_plan_final_-_july_2017_1.pdf

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