At their October 6, 2021 legislative meeting, Delaware County Council announced an ordinance to take 4.7 acres of the Broomall’s Lake Country Club’s property, bordering the northern edge of Glen Providence Park, by eminent domain. Ordinance # 2021-10 references acquiring “private property for the purpose of establishing, making, enlarging, extending, operating and maintaining public parks and multiuse trails within the limits of the county.”  The 4.7 acres include the footprint of the former Broomall’s Dam, which was partially removed by the PA Department of Environmental Protection in 2017 for safety reasons. Issues surrounding the ownership and maintenance of Broomall’s Dam have been ongoing since the dam was declared unsafe by the US Army Corps of Engineers in 1980. 

Glen Providence was the first park owned by Delaware County – it was donated in 1935 by George and Eleanor Butler to establish a Bird Sanctuary & Arboretum. Glen Providence was constructed by the Works Progress Administration, and it was determined eligible for the National Register of Historic Places in 2002.

Friends of Glen Providence Park, an all-volunteer non-profit organization, formed in 2011 in response to the threat to the northern end of the park from the planned Broomall’s Dam reconstruction, which would destroy over an acre of Glen Providence including wetlands, stream, and 76 mature trees. That acre is a valuable wildlife corridor, and harmful impacts from the project would continue downstream through the park.

In addition to many hours spent in research and advocacy to minimize destruction to Glen Providence Park from that project, we have volunteered many thousands of hours to preserve and enhance this historical 33-acre park, including free and family-friendly monthly events, native tree plantings, cleanups, historical research, nature walks, and summer concerts. Through citizen science projects, we have documented over 200 plant and animal species including 19 reptiles and amphibians, more than 58 trees, dozens of plants, and 129 birds. Many of those are in the acre that would be destroyed by the reconstruction of Broomall’s Dam, including some Pennsylvania-rare and sensitive species. 

We look forward to learning more about the County’s plans for this area. We hope the 4.7 acres in Ordinance 2021-10 can create a natural buffer for Glen Providence Park, and protect its trees, wetlands, and stream, with all of the native plants and wildlife that make it their home. 

County Council will conduct a second reading of the ordinance and hold a public hearing to solicit comment from Delaware County Residents at their Legislative Meeting on Wednesday, October 20 at 6pm.

UPDATE on Tuesday, October 19, 2021: At this morning’s County Council Agenda meeting, it was reported that the County is in productive discussions with the landowner (Broomall’s Lake Country Club), and that a two-week delay may help achieve a resolution without the use of eminent domain. County Council voted to REMOVE the vote on Ordinance 2021-10 from the agenda for Wednesday, October 20. There was discussion about having the second reading and vote on Ordinance 2021-10 at the next legislative meeting on Wednesday, November 3.

UPDATE on Monday, November 1, 2021: Ordinance 2021-10 is not on the agenda for the County Council legislative meeting on Wednesday, November 3. We presume discussions with the landowner are continuing.

UPDATE on Wednesday, December 1, 2021: Ordinance 2021-10 was not back on the agenda until this week, when it was on the preliminary agenda for December 1 — but at the Agenda meeting, County Council again tabled it due to “successful negotiations with (BLCC) that will meet the County’s goals.” It was indicated that the vote will not be tabled again past the next Legislative meeting. So at the December 15 Legislative meeting, there should either be a report of a settlement with BLCC, or a second vote on eminent domain. 

UPDATE on Tuesday, December 14, 2021: Things are not finalized, but it was reported at this morning’s Agenda meeting  that BLCC and the County have “reached an agreement” and “signed a Letter of Intent” that “resolves the dam issue.” The agreement is to sell a Conservation Easement to Delaware County and “end current litigation” (the 2011 Stipulation Agreement) which had required the reconstruction of a dam with a two-way road.

UPDATE on Tuesday, February 15, 2022: The first reading of a new Eminent Domain Ordinance 2022-2 is on the agenda for tomorrow’s County Council meeting. At this morning’s Agenda meeting, County Solicitor Bill Martin explained that the ordinance is substantively the same as Ordinance 2021-10, which was initiated on October 6, 2021. A new ordinance is necessary due to having a reconstituted County Council after the 2021 elections. Council Vice Chair Elaine Paul Schaefer explained they are reintroducing the ordinance as a means of preserving the County’s options. They have had several months of productive discussions with the landowner (BLCC), and the County remains hopeful that this will be resolved with a Conservation Easement, not Eminent Domain.

UPDATE on Tuesday, May 31, 2022: The agenda for tomorrow’s County Council meeting includes an “Update on Broomall Lake negotiation.” We are hopeful for a positive update that a negotiated Conservation Easement is imminent.

A Conservation Easement would preserve the land bordering Glen Providence Park through a negotiated settlement instead of eminent domain, with BLCC being financially compensated with a lump-sum payment in return for the parcel in question being “maintained in perpetuity as undeveloped property” — without a new dam. A bridge, not a dam, would reconnect Upper Providence and Media Borough.

Friends of Glen Providence Park continues to support dam removal (partially completed in 2017), stream restoration, and a community discussion about an environmentally sensitive bridge to reconnect Media Borough and Upper Providence. When the dam was partially removed in 2017, we led a neighbor coalition that presented a proposal to County Council for a footbridge at 3rd Street. We were disappointed that the footbridge was not installed due to cost and permitting considerations.

For more information on the complex and evolving Broomall’s Dam project, start with our Broomall’s Dam overview with links to dozens of articles, and visit the website of our sister organization, Keep Media Green. 

Read Ordinance 2021-10, with its diagram of the 4.7 acres, below.

Media Borough is again seeking public input about the Broomall’s Dam/Third Street Project. If built, a new dam would have a devastating impact to the northern end of Glen Providence Park.

Recognizing the threat of this project to its county-owned park, Delaware County Council has declined to sign a PennDOT environmental document stating that the project would have “no adverse impact” to Glen Providence Park. In addition, neither the County, the Borough, nor Broomall’s Lake Country Club has agreed to sign as owner of the dam to get a PA DEP permit to build it. As a result, the project is on hold, and its outcome is uncertain.

Media Borough’s Open Space, Parks & Recreation Advisory Committee will be launching a public survey online, seeking input on priorities, facilities, programs, and budget allocation.

Two of the questions will be about Broomall’s Dam, which was partially removed by the PA DEP in 2017:

1. Whether there should be a new dam — or a bridge over a restored stream — at Third Street
2. What type of roadway should connect Media and Upper Providence

The questions are labeled under “Third Street Dam” in Section Three of the survey, “Programs & Facilities. ” The link to the survey will be going live the week of December 21 and will remain active through February: http://metroquestsurvey.com/xe5n5d The survey itself is space-restricted, and gives minimal information. As anyone who has been following this project knows, the legal case and underlying issues are complex.

Some important points:

• A new dam is not necessary for a roadway. A bridge could instead reconnect Media and Upper Providence, and would be drastically less damaging to Glen Providence Park than a dam. We believe there should be community input into whether that is a one-way, two-way, or pedestrian and bike roadway.

• While a new dam would again retain water, it would not fully restore Broomall’s Lake. The lake had filled with sediment since it was formed by Broomall’s Dam in 1883, diminishing from a depth of 30-40 feet to an estimated 8 feet. Expensive dredging would be needed to restore the lake. The past president of Broomall’s Lake Country Club stated at a public meeting that the Club would sue Media Borough to pay for that dredging after the dam is built.

• The new dam would, however, destroy the northern end of Glen Providence Park. According to a site visit with the engineer who designed the dam, earthfill to create the new, larger dam would bury the northern end of the park. The new dam would extend over 70′ farther downstream than the previous dam, filling in wetlands and natural springs, and encasing the waterfall and stream in concrete, including – and past – the masonry footer from one of the park’s original footbridges. The construction area would be larger than an acre, with more than 70 mature trees removed. For dam safety reasons, the massive new dam slope, and a 10’ perimeter past it, could not be replanted with anything but closely mowed grass. What is currently a serene, wooded entrance to the park would look like a highway exit berm.

• The new dam would be classified as a high hazard dam. Under legal definitions, this classification is due to the potential loss of life and property at the homes downstream of the park, in the event of a dam breach. This does not even take into consideration the danger to anyone using the park. With “100 year” weather events happening with increased frequency, we take this threat seriously.

Friends of Glen Providence Park organized in July 2011 in response to the threat to Glen Providence from the proposed dam, and we have continued to advocate to minimize the project’s damage to the park’s wetlands, wildlife, and plants. You can see photos of the section of the park that would be destroyed on our website in our 1.1 Acre Project.

To minimize destruction to the park, Friends of Glen Providence Park continues to support dam removal, stream restoration, and a local discussion of an environmentally-sensitive bridge between Media Borough and Upper Providence.

For more information, explore the Third Street Project overview and the many Dam/Bridge articles on our website.

On Wednesday, February 22 at 6pm, at the Media Borough Parlor Room, area residents will have an opportunity to hear from the PA Department of Environmental Protection (DEP) in a Public Informational Meeting about the planned partial breach of Broomall’s Dam, currently scheduled for April 30th.

The partial breach will reduce the safety hazard of the orphaned dam which is in severe disrepair.

However, the partial breach will render the road impassable to pedestrians and bicycles in addition to cars for two years or more, until the proposed dam reconstruction is complete. With no parties yet willing to claim ownership of the current or proposed dam, it is uncertain how long this pre-construction phase will last.

Temporary Pedestrian Bridge?

Friends of Glen Providence Park has requested Media Borough Council to consider the construction of a temporary pedestrian bridge during this pre-construction phase. We feel it is in the best interest of Media Borough and Upper Providence to maintain this connection.

Why maintain the connection:

• Safety: We are concerned that people will attempt to find a way to cross the breach that is unsafe.
• Economics: Many people walk to Media for shopping and great events like Dining Under the Stars. Some people commute to work from UP to Media on foot — across Broomall’s Dam on 3rd Street!
• Community: 3rd Street is a valuable connection between Upper Providence and Media neighbors and activities.
• Best Practices: It is a PennDOT recommendation in their Design Manual to continue pedestrian access during construction (Chapter 6.14, Pedestrian Facilities and the Americans with Disabilities Act, 2012.).
• Time: 2-3 years is a long time to have this connection broken.

If you’d like to see a temporary pedestrian bridge, please come to the meeting and make your voice heard.

In addition, it is our understanding that the 3rd Street entrance to the park will be closed while the DEP is removing the dam, which is expected to take about 60 days.

Be informed! You can read an overview and history of the 3rd Street Project, with links to past articles, in the menu above. And you can learn much more about the 3rd Street project and Broomall’s Dam, and find detailed information about the partial dam removal by reading our past articles in the Dam/Bridge Category – and by exploring the Tags – on the right.

Friends of Glen Providence Park continues to support dam removal and stream restoration with an environmentally sensitive connection between Upper Providence and Media, which will minimize damage to the park. 

This is planned as a temporary dam removal until the proposed new dam is built. For details including safety, public notice, and 3rd Street access, see our May 2016 update. 

The Friends of Glen Providence Park continues to support dam removal, stream restoration and a local discussion of an environmentally-sensitive bridge between Media Borough and Upper Providence.

As we reported in October 2015, the the PA Department of Environmental Protection (PADEP) will conduct a “temporary partial breach” of Broomall’s Dam this year. This is planned as a temporary dam removal until the proposed new dam is built. By conducting this partial breach, the PADEP is taking action to address the serious safety issue posed by the current Broomall’s Dam, which is a high-hazard dam that was declared unsafe in 1980 by the Army Corps of Engineers.  

Timeline

The PADEP originally intended to conduct the partial breach before June 1 this year, but the timeline has been updated. According to Duke Adams of the PADEP Division of Dam Safety, PECO will re-route the gas lines that currently run through the dam by July. Both the gas and water lines that run through the current dam will be permanently re-routed – the proposed new dam would not have utilities running through it.

The PADEP will begin the partial breach in September, and the process should take 6 to 8 weeks. This would mean that the breach should be complete by Thanksgiving. Based on the timing of the dam permit process, the PADEP indicated we are “probably 2 years off from construction” of a new dam – which would take us to spring 2018 for construction of the proposed new dam to begin.

What the partially breached dam will look like

“Preliminary” plan

Officials at the PADEP explained that the top layer of the current dam, including the roadway, will be removed – the resulting structure will be a smaller dam 10 to 12’ lower than the current dam. Upstream of the dam will be a stream in place of the current Broomall’s Lake – the PADEP will allow the stream to find its own channel. In the growing season, the new streambanks should fill quickly with vegetation. During the breach process this fall, there will be a dirt road causeway built upstream for construction access, but it is undetermined if that will remain until construction starts on the new proposed dam.

According to the PADEP, the stream will pass over the lower dam through a flow channel notched out of the top of the dam – there will be a waterfall lower than the current one. Downstream of the dam, there will be some riprap on the park side near the stream, but there will be minimal disturbance to the park. The PADEP indicated that only a few trees closest to the top of the dam will be removed when they take the level down. You can review the pdf of the PADEP’s preliminary partial breach plans, and pdf’s and images are also at the bottom of this article.

Park Access & 3rd Street Access

Officials at the PADEP advised that construction equipment will be staged at the 3rd Street entrance, so the 3rd Street entrance to Glen Providence Park will be closed when they are breaching the current dam, from approximately mid-September through Thanksgiving. The entrance will be open again after the current dam is breached, until construction of the new proposed dam would begin.

As currently planned by the PADEP, there will be barricades on both sides of the dam at 3rd Street – there would be no access for pedestrians or bikers until the proposed new dam is completed. As it is likely 2 years until construction begins, it could mean 3 years without access to cross Broomall’s Run at 3rd Street. Friends of Glen Providence Park has inquired with PADEP and Media Borough Council about constructing a footbridge to cross Broomall’s Run over the lowered dam. We will continue to advocate for a footbridge to allow pedestrian and bike access, keeping the Upper Providence and Media Borough communities connected.

Safety

According to the PADEP, if the partially breached dam fails, sediment would “slowly ooze” – there should not be danger to those in park. In addition, the partially removed dam will have a wider (more stable) base than the current one. The partially breached dam will be classified as C4, meaning there would be no potential loss of life or “public convenience” (road/traffic).   

Public notice & public meeting

We asked the PADEP to post signs well in advance of construction advising of the 3rd Street closure and park entrance closure. We also requested a public meeting with the PADEP about the partial dam breach process, similar to the Dam Safety Workshop we hosted in August 2012, so the community can be fully informed and have their questions about the breach process addressed.  

Emergency Action Plan signatures

It is our understanding that there are still no signatures on the Emergency Action Plan (EAP) for the proposed new dam, which is required to obtain a dam permit. The PADEP indicated, “There will be no authorization to build [a new dam] until there are signatures.” In July 2015, Media Borough Council passed a resolution that they would not sign the EAP for the proposed dam. As owners and operators of the proposed new dam under the Stipulation Agreement, it is expected that Delaware County and Broomall’s Lake Country Club would sign it.

You can read about and see pictures of the proposed 1.1 acre construction area for the proposed new dam, including the approximately 2/3 acre of Glen Providence Park that would be buried under earthfill, in our 1.1 Acre Photojournal.

The Friends of Glen Providence Park continues to support dam removal, stream restoration and a local discussion of an environmentally-sensitive bridge between Media Borough and Upper Providence.

Click on the green link to view the PDF of the PADEP’s preliminary partial breach plans, or view the images below:

Responding to the decision by the Pennsylvania Department of Environmental Protection (PA DEP) to breach Broomall’s dam by June of 2016, Timothy Stevenson, Design Portfolio Manager for District 6 of the Pennsylvania Department of Transportation (PennDOT), announced that PennDOT was not willing to fully fund the reconstruction of the dam if the alternate option of building a bridge proved to be less expensive.

In an e-mail sent to PennDOT contractor Sidney New on October 16, 2015, and copied to Media Borough and Delaware County, Mr. Stevenson noted that the project’s draft environmental document identified two primary needs: 1) addressing transportation network deficiencies and 2) resolving unsafe dam conditions. “The DEP’s proposed action [to breach the dam] should resolve the second need for the project, leaving only the first need to be addressed,” wrote Stevenson.

Citing a lack of adequate funding to address all of the region’s current bridge repair needs, Stevenson stated “…I cannot approve additional expenditures beyond what is needed to address the transportation network deficiencies…should the cost [of dam replacement] exceed the cost of a bridge, I can only see A-183 funds [Local Bridge Funds] being applied to a prorated portion of the total project costs.”

Click to read the entire October 16 email from PennDOT.

In a subsequent telephone conversation with a representative of the Friends of Glen Providence Park, Mr. Stevenson confirmed PennDOT’s intention to only provide prorated funding for the amount of the cheapest option (e.g. if dam replacement cost $3 million dollars and constructing a bridge cost $2 million dollars, PennDOT would only pay out $2 million. The same formula would apply if dam replacement proved to be cheaper than constructing a bridge).

Mr. Stevenson’s e-mail leaves many questions unanswered. 1) What bridge design will be used as the basis for a cost comparison with dam reconstruction? 2) Who will conduct an independent cost analysis? 3) If a cost analysis did determine that building a bridge was the less expensive option, would a dam still be constructed? 4) If yes, which party (or parties) would pay the balance between PennDOT funding and the full cost of dam replacement?

The Friends of Glen Providence will be seeking answers to these and other questions that arise regarding the now uncertain funding plan for the Broomall’s dam project.

Friends of Glen Providence Park continues to believe that dam removal, stream restoration, and a community conversation regarding an environmentally sensitive bridge between Media Borough and Upper Providence Township is the best course of action.

The PADEP communicated their intention to breach the dam at a meeting on Wednesday, October 14 between representatives of Delaware County, Media Borough, Broomall’s Lake Country Club, and the PADEP. That meeting was to resolve issues surrounding who would sign as owner(s) for the Emergency Action Plan(s) for Broomall’s Dam, which is to plan for public safety in the event of an accidental dam failure. The meeting was also to address other responsibilities surrounding the operation and maintenance of Broomall’s Dam.

As we previously reported, Media Borough voted in July not to sign the EAP as owner. Hall reported tonight that there is “still some wordsmithing about responsibilities under the EAP,” the “terms are not worked out,” and “no one has set ink to paper” to sign as owner.

According to Hall, while the dam is temporarily breached, there will be no foot traffic across Broomall’s Run to and from Upper Providence. There might also be restrictions in the north end of Glen Providence Park. This may last a few years, until construction of the new dam is complete – and according to an update from Schnabel Engineering this April, construction on the new dam would likely begin in 2017 or 2018.

We would like to learn more about this project, including environmental impacts to Glen Providence Park and Broomall’s Run, whether there will be access to Glen Providence Park from the entrance at 3rd & West Streets, and whether there is any way to create access for pedestrians to cross to and from Upper Providence. As we learn the answers to these questions, we will post updates.

You can read about and see pictures of the proposed 1.1 acre construction area for the new dam, including the approximately 2/3 acre of Glen Providence Park that would be buried under earthfill, in our 1.1 Acre Photojournal.

The Friends of Glen Providence Park continues to support dam removal, stream restoration and a local discussion of an environmentally-sensitive bridge between Media Borough and Upper Providence.

The EAP is a formal document that describes procedures to minimize the risk of loss of life and property damage when potential emergency conditions threaten a High Hazard Potential Category 1, 2 or 3 dam. PA DEP has identified Broomall’s Dam as a Category 2 High Hazard dam.  The Dam Safety and Waterway Management Act (Subchapter B 105.34)  states that the owner(s) of a high hazard dam must sign the ownership line of the document.  A properly signed and executed EAP is required for the PA DEP to issue a dam construction permit.

The ownership of the dam has been the subject of legal dispute between Broomall’s Lake Country Club, Delaware County, and Media Borough since 2006, following decades of inaction to repair or replace the dam, due to ongoing ownership questions since Broomall’s Dam was declared unsafe by the Army Corps of Engineers in 1980.

The 2011 Stipulation and Order signed by all three parties assigned tasks and responsibilities regarding the construction and maintenance of the proposed replacement dam and roadway on top of the dam. However, the Stipulation and Order did NOT resolve the issue of ownership.

While Media Borough Council has clarified that it will not sign the ownership line of the EAP, there have been no public statements or documents released by Broomall’s Lake Country Club or Delaware County that indicate if one or both of those parties will sign the ownership line of the EAP.

Media Borough Council also authorized the Borough to sign the dam construction permit application at the July 16th meeting, while adding an addendum that stated that signing the permit did not constitute any claim of ownership of Broomall’s Dam by the Borough.

The Friends of Glen Providence Park continues to support dam removal, stream restoration and a local discussion of an environmentally-sensitive bridge between Media Borough and Upper Providence.

PennDOT confirmed funding of the project the previous week, so Schnabel is now working on updating the dam design. Larson Design Group will design the roadway, box culvert, and stormwater system that goes under road. Schnabel and Larson will work together, and consult with the PA Department of Environmental Protection (PADEP), PennDOT, and the Army Corps of Engineers on various aspects of the project.

Wetlands

Schnabel will seek approval from the Army Corps and PADEP of the wetlands mitigation site. Because wetlands in Glen Providence Park would be destroyed* for the dam construction project, it is required that a comparable area of wetlands be established elsewhere (referred to as “wetland swapping”). Schnabel proposes converting the upstream part of the park’s pond, and the flat area upstream of that, into a wetland (as we have written about in Upcoming Changes: Pond & Wetlands).

Aesthetics

A landscape architect from Larson will work on the aesthetics of the new dam. Mr. Harrison indicated the new spillway (waterfall) will not be that visible, but that the box culvert on the downstream side will be a big structure and very visible – they plan a design using form liners so that any exposed concrete looks like stone. They also propose black metal fencing as a more attractive alternative to a cyclone fence to protect the 20 foot drop. The PA DEP does not allow any trees or shrubs on the dam slope, so the fence and large culvert would be quite visible within Glen Providence Park and from the Third Street park entrance. There may be opportunity for public input into the aesthetics.

Time frame

• According to Larson, the design process should take 18 months from now to final design – which would take us to October 2016.
• Then Schnabel says the DEP will take 6 months to a year for approval, which would put final approval sometime between April and October 2017.
• According to a June 13, 2011 PA Fish & Boat Commission Letter, “any construction activities affecting the waterway should take place between April 15 and October 15 in order to allow turtles to avoid the project area while they are active.”
• Depending on the timing of PADEP approval, construction could start as soon as April 2017, or as late as April 2018 – likely finishing in 2018 or 2019.
• Council asked Schnabel to give a brief status of the project monthly that could be posted on the Borough website.

*You can read about and see pictures of the proposed 1.1 acre construction area for the new dam, including the approximately 2/3 acre of Glen Providence Park that would be buried under earthfill, in our 1.1 Acre Photojournal.

The Friends of Glen Providence Park continues to support dam removal, stream restoration and a local discussion of an environmentally-sensitive bridge between Media Borough and Upper Providence.

You can read the one-page Order by Judge Proud. We will report more as we learn about any further legal aspects to this case, and about the timing of the proposed dam replacement project.

You can read about the proposed construction area for the new dam, including the approximately 2/3 acre of Glen Providence Park that would be buried under earthfill, in our 1.1 Acre Photojournal.

The Friends of Glen Providence Park continues to support dam removal, stream restoration and a local discussion of an environmentally-sensitive bridge between Media Borough and Upper Providence.