SEAFORD – Along the banks of Hearns Pond north of Seaford, DNREC Secretary David Small was joined today by Division of Fish & Wildlife Director David Saveikis, State Representative Daniel Short, DNREC Dam Safety Engineer David Twing, Senior DelDOT Bridge Engineer Barry Benton and local residents for a briefing on the project to rehabilitate the aging Hearns Pond Dam and bring it into compliance with Delaware’s Dam Safety Regulations. The dam is the state’s top priority for improvements based on the risk to downstream communities and infrastructure should the dam fail.

“Hearns Pond Dam is the first total dam rehabilitation project by DNREC and DelDOT and represents the culmination of more than 10 years of work to develop a comprehensive dam safety program for the state,” said DNREC Sec. Small. “The dam’s history of failing during storms makes this reconstruction our highest priority. I am pleased to be here as we begin this DNREC-DelDOT partnership that is not only important for the safety and protection of the public, but will reduce the risk of property damage in the event of a dam emergency.”

Hearns Pond is a popular fishing, boating and recreational area, ranking as the 7th most heavily fished state pond in Delaware with almost 10,000 angler visits per year. A recent study conducted by DNREC’s Division of Fish and Wildlife, the agency that operates and maintains the pond and boat ramp, found that 71 percent of Hearns Pond anglers use the ramp to access the pond for fishing.

“This project has importance beyond rehabilitating an historic dam, mill site and boat ramp. When it is completed, it will be the first dam in Delaware to meet our new regulations,” said Senior DelDOT Bridge Engineer Benton. “Perhaps more importantly, this project is the first of many that will be completed as part of a partnership with DNREC to address dams statewide. Many of our lakes and ponds were created by aging structures that need to be preserved.”

Hearns Pond Dam, like many Sussex County pond dams, was constructed for milling grain. In the early 1900’s the present-day spillway and embankment were built, creating the 66-acre pond. The historic Hearns & Rawlins Mill building, purchased by DNREC in 2013 as part of the acquisition of a privately-owned portion of the dam, is eligible to be listed on the National Register of Historic Places. The mill building will be stabilized and monitored during the dam’s reconstruction.

During storms in August 2001 and June 2006, the Hearns Pond Dam was overtopped and seriously damaged causing significant downstream flooding. In 2001 the southern section of the dam was completely washed out, flooding Route 13A. Sediment from the pond was washed into downstream waterways and wetlands, impacting water quality and wildlife habitat in the area. The dam was rebuilt in 2002, but in June 2006 was overtopped by flood waters again and the rebuilt section was partially washed away. In both the 2001 and 2006 floods, residents of a Seaford heathcare facility were relocated until floodwaters subsided.

Like many older dams across the country, the Hearns Pond Dam was not built to withstand extreme rainfall events, such as those that occurred in 2001 and 2006. In the Seaford area, the rainfall exceeded the capacity of the dam’s spillway, with rising water levels at the pond overtopping the earthen dam’s embankment, causing it to erode and ultimately fail.

The rehabilitation of the dam will include the construction of a new larger spillway and concrete blocks will be installed on the earth embankment to prevent erosion. A new boat ramp will replace the current ramp to provide improved amenities and ease-of-service that will boost recreational opportunities and visitors to the pond.

“With the flooding issues already in Seaford, this project is imperative. Having the dam in compliance with safety regulations means people downstream can rest a little easier when experiencing the next big storm, said State Senator Bryant Richardson (R- Laurel). “The new boat ramp will improve access to the pond for fishing and boating or just enjoying a beautiful and historic area. This project shows how much can be done when everyone is working together.”

“This project is a good investment in the well-being of our residents and the protection of our heritage,” said State Rep. Danny Short (R-Seaford). “It will safeguard downstream residents, help preserve a 19th Century mill, and ensure a source of local recreation for decades to come.”

In his remarks, Sec. Small spoke about the importance of the Delaware Dam Safety Program, the DNREC-DelDOT Dam Preservation Program partnership and priorities for other dam rehabilitation projects. “The Delaware Dam Safety Program provides long range plans that establish priorities and focus state resources on addressing the aging infrastructure of many of our state-owned dams. With the DNREC-DelDOT partnership in place for all dam rehabilitation projects, we’ll be able to share resources and expertise that will enhance our efforts and accomplish more. Our next priorities include rehabilitation of Records Pond Dam in Laurel, followed by Millsboro Pond Dam.”

The Hearns Pond Dam rehabilitation represents the first joint DNREC-DelDOT Dam Preservation Program project. In 2009 DNREC funded a study to evaluate the condition of the dam and develop alternatives for bringing the dam into compliance with the state’s new Dam Safety Regulations. Since then, DNREC and DelDOT have been working together to fund, design and construct the improvements.

Hearns Pond Dam construction is expected to cost $4.2 million, funded by state Bond Bill appropriations. The project is anticipated to be completed by May 2017.

The dam, boat ramp and parking lot are closed and will remain closed while the replacement dam and ramp are built. Boaters who regularly use Hearns Pond may opt to use Concord Pond, located approximately 3.5 miles southeast near Seaford, or Craigs Pond, located approximately 5 miles southwest near Seaford.

Through the Delaware Dam Safety Program, DNREC has regulatory responsibility for 41 state-owned dams. Since 2009, all state-owned regulated dams have been inspected annually and Emergency Action Plans prepared. DelDOT and DNREC also developed a dam deficiency ranking system which prioritizes state-owned dams for necessary upgrades and rehabilitation. A dam’s ranking is based on factors such as condition, spillway capacity, population and property that could be at risk should a dam fail.

DNREC and DelDOT partner on dam inspections, preparing Emergency Action Plans and coordinating maintenance, operations and emergency management activities. They also work cooperatively leveraging state funding to perform dam break inundation mapping, engineering studies and the design and construction of improvement and rehabilitation projects.

For more information on Delaware’s Dam Safety Program, visit DNREC’s website, http://www.dnrec.delaware.gov/swc/Drainage/Pages/DamSafety.aspx.

Media Contacts: Melanie Rapp, DNREC Public Affairs, Melanie.Rapp@delaware.gov or 302-739-9902
Jim Westhoff, DelDOT Public Relations, james.westhoff@delaware.gov or 302 943-3589

Vol. 46, No. 270

Reminder for the week: Practice safe boating, including wearing your lifejacket

DOVER – To achieve public compliance through education and enforcement actions that help conserve Delaware’s fish and wildlife resources and ensure safe boating and public safety, DNREC’s Division of Fish & Wildlife Natural Resources Police officers between July 11-17 made 1,642 contacts with anglers, boaters and the general public, including 311 vessel boardings for boating safety and fishing regulation compliance checks. Officers responded to 54 complaints and issued 24 citations, one of which was related to the C&D Canal Conservation Area and associated recreational trail, where there is an increased Fish & Wildlife Natural Resources Police presence.

An incident of note:

• On July 16, Fish & Wildlife Natural Resources Police cited Robert S. Osbourne, 48, of Avondale, Pa., for operating a vessel under the influence of alcohol (OUI) and no navigation lights near Indian River Inlet. Osbourne was given a mandatory appearance at Justice of the Peace Court 14 in Georgetown at a later date.

Citations issued by category, with the number of charges in parentheses, included:

Fisheries Conservation: Recreational: Unlicensed fishing (3)*, possession of undersized blue crabs (3), possession of undersized summer flounder (1).

Boating and Boating Safety: Operating a vessel under the influence of alcohol (2), negligent operation of a vessel (1), no lifejacket on a child age 12 or younger as required by law (2), failure to observe slow-no-wake zone (1), operating an unregistered vessel (3), failure to maintain a proper lookout (1), no boating education certificate (4), no fire extinguisher (1), and no navigation lights (1).

Public Safety: Clamming in an area under seasonal closure (1).

* Citation issued at the C&D Canal Conservation Area: unlicensed fishing (1).

A DNREC press release was issued related to this week’s citations: Maryland man cited for OUI after boating accident near Fenwick Island.

Are you AWARE?
DNREC’s Division of Fish & Wildlife Natural Resources Police remind boaters to practice safe boating, including use of lifejackets. Delaware law requires that all personal watercraft (PWC) operators and all children 12 years old and younger aboard a vessel of any type wear a lifejacket while underway. The law does not require wearing a lifejacket for those age 13 to adult on vessels other than PWCs; however, boat owners/operators are required to carry a readily-accessible lifejacket for each person aboard a vessel.

“Vessel operators are responsible to make sure that children aboard their boat are wearing lifejackets – and they can set the example by also wearing one,” said Sgt. John McDerby, Fish & Wildlife Natural Resources Police. “Although the law does not require ages 13 and older to wear a lifejacket except for personal watercraft, we strongly recommend lifejacket use by everyone aboard a vessel in Delaware waters, especially anyone with limited swimming skills. It’s a smart choice that can prevent an unnecessary tragedy.”

The same requirements that apply to vessels also apply to paddleboards, canoes and kayaks operating on Delaware waters. All paddleboards, canoes and kayaks must have a wearable lifejacket and a whistle or other sound-producing device aboard and readily accessible. “Regardless of the size or type of vessel, if you fall overboard or capsize, stay with your vessel for a better chance of being found sooner,” Sgt. McDerby added.

Boaters also should ensure their vessel is ready for a trouble-free day enjoying Delaware’s waterways by performing a pre-departure check. Before leaving home, you should have:

• All current required licenses and registrations, including boat registration, boating safety certificate, boat ramp certificate if required and fishing license(s);
• Enough lifejackets for everyone on board, including children age 12 or younger who are required by Delaware law to wear them; for vessels 16 feet or more in length, a throwable life preserver is also required;
• Plenty of water to stay hydrated and sunscreen to protect against sunburn, which can be severe on the water.
• Checked the local weather forecast;
• Checked the vessel for working navigation lights, steering and throttle controls;
• Checked its oil, fuel and fluid levels;
• Checked for fuel leaks, including hose clamps and connections;
• Drained all water from the engine compartment or bilge, and replaced and secured the bilge plug;
• A fully-charged engine battery, emergency flares and a fire extinguisher;
• A marine radio and/or a fully-charged cell phone in a secure pocket and sealed in a plastic bag; and
• Left a float plan with a friend, family member or local marina.

For more information on safe boating practices in Delaware, please visit Delaware Boating Safety.

DNREC’s Division of Fish & Wildlife recognizes and thanks the majority of anglers, hunters and boaters who comply with and support Delaware’s fishing, hunting and boating laws and regulations. Citizens are encouraged to report fish, wildlife and boating violations to the Delaware Fish & Wildlife Natural Resources Police by calling 302-739-4580. Wildlife violations may also be reported anonymously to Operation Game Theft by calling 800-292-3030 or online at http://de.gov/ogt.

Media Contacts: Sgt. John McDerby, Fish & Wildlife Natural Resources Police, 302-739-9913 or 302-354-1386, or Joanna Wilson, DNREC Public Affairs, 302-739-9902

Vol. 46, No. 268

FENWICK ISLAND – A Maryland man was charged early Sunday morning by DNREC Division of Fish & Wildlife Natural Resources Police with operating a vessel under the influence of alcohol (OUI) following a boating accident that left him clinging to his capsized 28-foot cabin cruiser for about two hours in the water off Cape Windsor, west of Fenwick Island.

The boat’s operator, Jeffrey S. Collier, 54, of Bel Air, Md. was brought to shore by Roxana Fire Company’s marine unit after Fish & Wildlife Natural Resources Police, the Delaware State Police Aviation Unit and the fire company responded to a 911 call placed from the headwaters of Big Assawoman Bay about 11:15 p.m. Saturday. Collier was cited by Natural Resources Police for OUI, negligent operation of a vessel and failure to maintain a proper lookout and released, pending an appearance in Justice of the Peace Court 14 in Georgetown at a later date.

Collier was alone aboard the vessel, with no injuries reported. His boat was recovered Sunday morning by a commercial salvage company. The accident remains under investigation by Fish & Wildlife Natural Resources Police.

Boaters navigating Delaware waters are reminded that operating a boat with a blood alcohol level of 0.08 percent or higher is in violation of Delaware and federal laws. Boat operators found to be at or above the limit will find their voyage terminated, will be cited and may have their vessel impounded. Boat operators found to be under the influence also can face fines and potential jail time. For more information, please visit Delaware Boating Safety.

DNREC’s Division of Fish & Wildlife recognizes and thanks the majority of anglers, hunters and boaters who comply with and support Delaware’s fishing, hunting and boating laws and regulations. Citizens are encouraged to report fish, wildlife and boating violations to the Delaware Fish & Wildlife Natural Resources Police by calling 302-739-4580. Wildlife violations may also be reported anonymously to Operation Game Theft by calling 800-292-3030 or online at http://de.gov/ogt.

Contact: Sgt. John McDerby, Fish & Wildlife Natural Resources Police, 302-739-9913 or 302-354-1386, or Joanna Wilson, DNREC Public Affairs, 302-739-9902

Vol. 46, No. 260

Reminder for the week: Personal watercraft operators need to review rules for their vessels

DOVER – To achieve public compliance through education and enforcement actions that help conserve Delaware’s fish and wildlife resources and ensure safe boating and public safety, DNREC’s Division of Fish & Wildlife Natural Resources Police officers between July 4-10 made 1,610 contacts with anglers, boaters and the general public, including 304 vessel boardings for boating safety and fishing regulation compliance checks. Officers responded to 71 complaints and issued 57 citations, one of which was related to the C&D Canal Conservation Area and associated recreational trail, where there is an increased Fish & Wildlife Natural Resources Police presence.

Incidents of note:

• On July 10, Fish & Wildlife Natural Resources Police cited James W. Short, 61, of Ocean View, for operating a vessel under the influence of alcohol and failure to observe slow-no-wake zone on Indian River Bay. Short was given a mandatory appearance at Justice of the Peace Court 14 in Georgetown at a later date.
• On July 8, Fish & Wildlife Natural Resources Police cited William J. Lis, 67, of Wilmington, for operating a vessel under the influence of alcohol and no navigation lights on Indian River Bay. Lis was given a mandatory appearance at Justice of the Peace Court 14 in Georgetown at a later date.
• On July 4, Fish & Wildlife Natural Resources Police cited Scott A. Focht, 38, of Bala Cynwyd, Pa., for operating a vessel under the influence of alcohol, clamming in a closed and/or polluted area, possession of over-the-limit hard clams, no boating education certificate and unlicensed fishing on Rehoboth Bay. Focht was given a mandatory appearance at Justice of the Peace Court 14 in Georgetown at a later date.

Citations issued by category, with the number of charges in parentheses, included:

Wildlife Conservation: Trespassing after hours on a state wildlife area (4), and hunting after hours (1).

Fisheries Conservation: Recreational: Unlicensed fishing (13)*, possession of undersized blue crabs (12), use of recreational crab pots without required turtle excluder (3), tending more than two recreational crab pots (1), improperly marked crab pot (1), failure to tend recreational crab pots at least once within required 72-hour timeframe (1), possession of over-the-limit hard clams (1), and possession of undersized white perch (2).

Boating and Boating Safety: Operating a vessel under the influence of alcohol (3), negligent operation of a vessel (3), operating a vessel with insufficient number of lifejackets (1), no life jacket on a child age 12 or younger as required by law (2), failure to observe slow-no-wake zone (1), operating an unregistered vessel (1), no boating education certificate (4), no boat ramp certificate (1), and no navigation lights (1).

Public Safety: Clamming in a closed and/or polluted area (1).

* Citation issued at the C&D Canal Conservation Area: unlicensed fishing (1).

Are you AWARE?
DNREC’s Division of Fish & Wildlife Natural Resources Police remind personal watercraft (PWC) owners – especially new owners – to review Delaware’s boating laws and regulations and understand how they apply to PWC operation prior to heading out on the waterways.

As PWC manufacturers develop new and innovative technology increasing the comfort, size and speed of PWCs, also known as jet skis, their popularity and use continue to grow on Delaware’s waterways. As popularity and use of PWCs grows nationally, so do accidents, violations and conflicts with other recreational boaters.

Since PWCs are considered motor vessels, operators must comply with several safety and operation requirements, some of which are specific to PWC operation. The following laws apply to all PWCs operated on Delaware waters:

• Anyone born after Jan. 1, 1978 must complete an approved boating safety course and carry their boating safety education card with them prior to operating a motor vessel – including a PWC – in Delaware waters.
• PWC operators must be age 16 or older. Ages 14 and 15 may operate a PWC, but only under the direct supervision of a parent or legal guardian on board. Youth under age 14 may not operate a PWC on Delaware waters.
• PWC times of operation are restricted to the hours of sunrise to sunset.
• PWC operators and passengers must wear a U.S. Coast Guard-approved lifejacket at all times while underway.
• PWCs are equipped with an emergency ignition safety “kill” switch attached to a lanyard required to be worn by PWC operators. This switch shuts off the engine if the operator is thrown from the proper operating position.
• All PWCs must be equipped with safety equipment that includes a whistle, horn or other sound-producing device, and a Coast Guard-approved fire extinguisher.
• Prohibited PWC maneuvers which endanger the safety of persons and property include:
  • Weaving through congested vessel traffic;
  • Jumping or attempting to jump the wake of another vessel;
  • Following within 100 feet of a water skier; and
  • Speeding in restricted speed areas.
• Towing water skiers is prohibited without a rear-facing observer on board. The PWC also must be designed by the manufacturer to carry the operator, the observer and the person or persons being towed.
• Do not exceed the manufacturer’s carrying capacity of any PWC.
• Within the Delaware waters of the Atlantic Ocean and Delaware’s Inland Bays adjacent to incorporated areas, PWCs are required to maintain headway speed or slower when operating less than 300 feet from all persons in the water and any shoreline, wharfs, piers, docks, boat launching areas, pilings, bridge structures, moored, drifting or anchored vessels, and all non-motorized vessels.
• Except for the waters of Delaware’s Inland Bays adjacent to incorporated areas and the Atlantic Ocean, PWCs must maintain headway speed or slower when operating less than 100 feet from all wharfs, docks, boat launching facilities, piling, bridges structures, moored, drifting or anchored vessels, all non-motorized vessels and any shoreline. In all areas, PWCs must remain at least 300 feet from all persons in the water.

For more information on safe boating practices in Delaware, including more details on PWC laws and regulations, please visit Delaware Boating Safety.

DNREC’s Division of Fish & Wildlife recognizes and thanks the majority of anglers, hunters and boaters who comply with and support Delaware’s fishing, hunting and boating laws and regulations. Citizens are encouraged to report fish, wildlife and boating violations to the Delaware Fish & Wildlife Natural Resources Police by calling 302-739-4580. Wildlife violations may also be reported anonymously to Operation Game Theft by calling 800-292-3030 or online at http://de.gov/ogt.

Contact: Sgt. John McDerby, Fish & Wildlife Natural Resources Police, 302-739-9913 or 302-354-1386, or Joanna Wilson, DNREC Public Affairs, 302-739-9902

Vol. 46, No. 257

LEWES – DNREC Division of Parks & Recreation Natural Resources Police have arrested five men this month in an ongoing anti-lewdness campaign operating out of the Wolfe Neck parking area near an intersection with the Junction & Breakwater Trail. The men – three from Delaware, two from Maryland and all over 59 years of age – were charged with lewdness-related offenses ranging from offensive touching; criminal solicitation; lewdness and indecent exposure; and loitering to engage in or solicit sex.

Parks Police Chief Wayne Kline said that in spite of crackdowns there by Natural Resources Police over the last year, DNREC continues to receive complaints from the neighboring public about such illicit activity in the Wolfe Neck area. “Thus we are continuing operations against a serious and longstanding problem with lewd and indecent public behavior there,” Chief Kline said. “Such behavior will not be tolerated in a public area within a Delaware State Park. Every arrest that we’ve made and may make as this enforcement operation continues reiterates that we are committed to eliminating this problem in a public area.”

DNREC has deployed incremental enforcement tactics over the last 15 months to rid the area of such behavior, including posting of “No Loitering” signs and increased patrol activity. Chief Kline said DNREC’s campaign to prevent public lewdness in the Wolfe Neck area has made use of both uniformed and plainclothes officers, and will continue to do so.

One of the men arrested there this month was taken to Justice of the Peace Court 3 on charges that included disregarding a police officer’s signal, a felony, and an assortment of moving vehicle violations. He was released on $4,900 bond pending arraignment in Superior Court. The other four men were released on a criminal summons with pending court appearances at Justice of the Peace Court 2. They face punishment ranging from a year in jail and fines up to $2,300 for Class A misdemeanor; of up to six months in jail and fine of $1,150 for Class B misdemeanor; up to 30 days in jail and a $575 fine for unclassified misdemeanor, and up to one-year probation and a $345 fine for a violation.

Contact: Michael Globetti, DNREC Public Affairs, 302-739-9902

Vol. 46, No. 252