This is the 9th post in the "The Privatization of Public Land" series by Jack Guerin, concerning the saga of the Fort DuPont Redevelopment and Preservation Corporation (FDRPC). Jack Guerin is an anti-corruption advocate with FightDECorruption.com. This series currently consists of 10 posts, and may grow to more. A post will be published every day Monday through Friday over the next two weeks (April 22, 2024 to May 3, 2024). Click Here for access to all published posts.
The photo above is a newly constructed roundabout down in Sussex County. The Photo is from Driscoll Drones.
A Traffic Conundrum
Accommodating increased traffic for more than 400 RVs was a major issue for the campground project. A range of roadway options was considered and, following extensive debate, it was finally agreed that a roundabout was the best solution. Early in 2023, this controversial roundabout was constructed on Route 9 in Delaware City at the entrance to the Fort Dupont Redevelopment site.
It now appears that the purchasing parties" are no longer interested in building this campground. The latest post in this series presented many indications that the developers have aborted the campground project.
At a recent Delaware City Mayor and Council meeting FDRPC Executive Director, Tim Slavin, declared that DNREC considered the campground project "dormant" based on the failure of the purchasers to obtain permits. The "Permits Exhibit" was one of many blank exhibits in the purchase agreement.
The Letter of Intent for the campground was signed six years ago. The closing date was October 28, 2021—two and a half years ago. Blue Water has had extensive time to apply for permits.
Strangely, in a WDEL article, now House Speaker Valerie Longhurst was quoted as touting DNREC's permitting process as facilitating rather than hindering the campground.
"Longhurst encouraged members of the public to follow the Blue Water Development project through the DNREC permitting process, which she referred to as "lengthy," and "in depth," and advised the board to share with the public that permitting process and keep them up-to-date on its progress."
However, it now appears that the campground project is dead leaving FDRPC and Delaware City with damaged deforested property and a state funded roundabout to nowhere.
Strange Tradeoffs with the Second Contract Amendment
Section 4.3 (Traffic Control/Road Improvements) of the original Real Estate Purchase Agreement specified two roadway projects needed for the campground. In addition to the roundabout, improvements were needed for the N. Reedy Point Road leading from the roundabout to the campground.
The Real Estate Purchase Agreement required FDRPC to finance both of these roadway improvements with a cap of $1 million for the N. Reedy Point Road. If the cost of these "Non-Roundabout Road Improvements" exceeded the million-dollar cap, the purchasing parties would be responsible for the excess.
However, this agreement was revised when the "Second Amendment to Real Estate Purchase Agreement" was signed on August 11, 2021. Let's review the trade-offs presented in Section 6 of this Second Amendment.
With this amendment, the purchasing parties agreed to pay up to $1 million for improvements to the N. Reedy Point Road. However, nothing has been spent for these improvements, and with the developers abandoning the project, no expenditures are expected.
The purchasing parties received a $1.4 million reduction in the purchase price. This amount seems to reflect a mix up between the cost of the roundabout which was $1.4 million and the purchasers' additional liability for the Reedy Point Road which was only $1 million.
The price was reduced from $5 million to $3.6, reducing the purchasers' FDRPC financed, interest and payment free mortgage from $3.5 million to $2.1 million. They apparently don't intend to pay this mortgage. The price reduction raises questions about who was negotiating for our State.
The State of Delaware fulfilled its commitment. DelDOT constructed the roundabout and paid the $1.4 million cost. The decision by the purchasing parties to abandon the campground leaves our state with a roundabout to nowhere.
Deforestation of Parkland
As outlined above, DNREC now considers the campground project "dormant". The term "dormant" would imply that these developers never even applied for the required permits. Or possibly, they applied but didn't follow-up. Whatever their permit lapses, DNREC allowed them to bring in heavy equipment in April 2022 and decimate a broad swath of forest which legally remains part of a state park.
Decimation of Forested Area in What Was Fort DuPont State Park
As part of the planning process, a Planning Land Use Services (PLUS) report acknowledged the history of the campground parcel as protected land stating that the parcel was located in an "Out of Play" area. This report included several statements about the importance of forest preservation:
- DNREC mapping indicates presence of forested wetlands which encompass a large portion of the subject parcel.
- Given the benefit of trees in erosion control and flood abatement, tree removal for construction activities should be minimized. The site plan should be designed in a way that allows for preservation of as much of this wooded area as feasible.
- Restrict forest clearing and disturbance to soil to the greatest extent possible. Re-seed and stabilize disturbed areas immediately. Landscape with native species.
- To reduce impacts to nesting birds and other wildlife species that utilize forests for breeding, forest clearing should not occur April 1st to July 1st.
The recommendations in the PLUS report are provided by state agencies involved with land use planning. There is a striking disconnect between the above recommendations and the photo on page 3 above. Tree removal has obviously not been "minimized" and the site plan has not been designed to preserve as much wooded area as possible. Forest clearing was not restricted, and this extensive tree removal was done during the second quarter of the year negatively impacting nesting birds and other wildlife species.
Conclusion
The privatization of thisparkland along with the aborted campground project has had significant negative impacts. Delaware transportation funds have been wasted on the roundabout. In addition, a large area of forested wetlands has been destroyed.
Jack Guerin is an anti-corruption advocate with FightDECorruption.com. He is plaintiff in a lawsuit to stop the development of the campground. Click to send an email to legislative leaders asking them to pass the Joint Resolution and return this protected land to the State Parks Department.
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