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October 10, 2006     Cape Gazette
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il -llll Ditch Continued from page 12 the DNREC staff, "instead of making people move their bed- rooms and mow down 25-year-old trees?" All persons in Overbrook Shores who have obstructions in the fight of way have received let- ters asking them to remove the obstructions, said Garner. The department is working toward the next step of the process - working with the tax ditch managers to get the fight of way cleared. Piorko said he understands the residents' frustrations. As individual meetings with property owners are ongoing, Piorko feels there is a middle ground to solve the right-of-way problem. "We will try to work out something within the tax ditch law - this is a unique situation," he said. "Maybe there is a more equi- table situation to come up with solutions." How did this happen? Tax ditch organizations are sup- posed to have annual meetings with an election of officers every year. In addition, the tax ditch managers, who are volunteers, are supposed to monitor tax ditch obstructions. Garner said there was not an active officer in the Carsyljan Acres tax ditch for at least a decade. A chairman of managers and a manager for the Carslyjan tax ditch are now in place. But, it's been years since infor- mation about the tax ditch was CAPE GAZETTE - Tuesday, October 10 - Thursday, October 12, 2006.,- 13 shared with its members. No one would say which agency is charged with making sure tax ditch groups are meeting and electing officers. "Overbrook Shores was owned by one landowner and people did not find out about the tax ditch when the land was subdivided," Garner said. In addition, there was a glitch in the deed system. All tax ditch information is filed in the county prothonotary's office, not the recorder of deed's office where most people search for deed infor- mation. Because of the problems with Overbrook Shores, Rep. George Carey, R-Milford, proposed legis- lation passed this year to change this practice so all tax ditch files are placed in the recorder of deeds office. The new law does not help the residents of Overbrook Shores who are in violation of the right- of-way easement. Corak said she works for a real estate attorney and her brother built her house, and she is still in violation of the fight of way. Wakefield added, "I bought my lot two years ago. I'm sitting at closing and they say there's a tax ditch back there, but it's nothing to worry about - you have plenty of room. The first I heard about any of this was two weeks ago." Piorko said many people in the system had a chance to bring to light the 25-foot right-of-way issue, but no one did. "There wasn't a red flag any- where," said Piorko. "There is a history of disregard here. The tax ditch right of way was not'ade prominent in the land develop- ment process." He said it could have been picked up several times in the process from the legal review of the title search to the inspection. Over the past two years, Piorko said, changes in the tax ditch reg- ulations have been made. "We are asking developers to ensure the fight of way by mark- ing it in individual deeds when lots are sold. But no one is out there staking out the fight of way when homes are being sold," he said. "We are making the develop- ment and legal communities more aware of the rights of way." He was quick to add that the people who live in the watershed manage the tax ditch. Buffers Continued from page 1 buffers on tidal, isolated and fed- eral wetlands and perennial streams, but the August draft reduces those buffer requirements to 50 feet - no change from cur- rent Sussex County regulations. The study found only two changes from current law are required in the August draft. The first is a 50-foot buffer for peren- nial ditches, reduced from 100- feet in the earlier draft. The sec- oiad would allow any type of veg- etation in the buffers while Sussex County requires natural vegetation. The May 2005 draft strategies called for 75 percent native forest in buffer zones, based on the idea that trees in the buffer will draw up large amounts of the nutrients, reducing the nitrogen and phos- phorous load that reaches the Inland Bays. A white paper, developed by the center based on research on Hopkins Prong and Dirickson Creek, found that a 50-foot buffer would annually filter 7.90 pounds of 'nitrogen and 0.6 pounds of phosphorous from Hopkins Prong. The same study showed a 100- foot buffer would filter 769 pounds of nitrogen and 47.5 pounds of phosphorus from Hopkins Prong. At Dirickson Creek, the 50-foot buffer would filter 114.50 pounds of nitrogen and 8.2 pounds of phosphorus, while the 100-foot buffer would filter out 5,030 pounds of nitrogen and 310.4 pounds of phosphorus. As a result of the dramatic dif- ferences, the center has called on DNREC to enhance the August regulations on buffers. According to a press release, at its Friday, Sept. 29, meeting the Center for the Inland Bays board also recognized the efforts of DNREC's Division of Air and Waste Management to develop LEASE EXTENDED! HELD OVER OCT. 10 - 17 $1,000,000 In Merchandise from Out of Business Stores & Manufacturers EVERYTHING MUST BE SOLD! Oversize Drivers ......................... $79 Hybrids ........................... . ............ $59 Putter .......................................... $19 Wedges ....................................... $19 Golf Shoes ............................ from $19 Leather Golf Gloves ............ (a for) $18 Golf Shirts ..................................... $9 WindshJrls ................................... $15 Golf Bags .............................. from $49 Tommy Armour 15 Ball Pk ............ $9 FREE D()Z. GOLF BALLS With Ad & Min. $10 Purchase • Exp. 10/17/06 Golf Closeout Warehouse MON-$AT 9-9 • SUN 11-7 regulations to reduce air emis- sions of nitrogen oxides and sulfur oxides as well as mercury from Delaware's coal- and residual-oil fired power plants. The board found that proposed air pollution regulations would limit toxic air emissions, such as: • Nitrogen oxide, which as pre- cipitation can increase the amount of nitrogen in water bodies, par- ticularly coastal estuaries, upset- ting the balance of nutrients used by aquatic life. It can lower oxy- gen levels in the water, which can promote algal blooms and lead to fish kills. • sulfur dioxide, which con- tributes to acid rain, which in turn damages forests and crops, changes soil chemistry, and makes ponds and streams acidic and unsuitable for fish • mercury, which can accumu- late in fish and shellfish, thereby entering the food chain where it can be toxic to humans and other organisms that consume them. A copy of CIB's analysis of the buffer issue can be accessed on the center's web site at www.inlandbays.org. O With these rates, your money works as hard as you do. And when :you maintain $2,500 in your CD, you'll receive free Custom Checking, with free online Bill Pay. 302.436.8236 • 410.651.2400 • 75Z787.4111 or visit us online at mercantilepeninsulabank.com MERCANTILE PENINSULA BANK WE'RE BANKING ON YoU. I I • "leh'alPercenYdiscutasof6t2adattYjecttochaany'ane, 1e 13-month CD has a $I,000 minknum oi dapodt, Pmalty imp0eed  eedy withdraW. Mercantile I A family of community banks serving Maryland, Washington. D.C., Virginia, Delaware and Pennsylvania I Member FDIC i il -llll Ditch Continued from page 12 the DNREC staff, "instead of making people move their bed- rooms and mow down 25-year-old trees?" All persons in Overbrook Shores who have obstructions in the fight of way have received let- ters asking them to remove the obstructions, said Garner. The department is working toward the next step of the process - working with the tax ditch managers to get the fight of way cleared. Piorko said he understands the residents' frustrations. As individual meetings with property owners are ongoing, Piorko feels there is a middle ground to solve the right-of-way problem. "We will try to work out something within the tax ditch law - this is a unique situation," he said. "Maybe there is a more equi- table situation to come up with solutions." How did this happen? Tax ditch organizations are sup- posed to have annual meetings with an election of officers every year. In addition, the tax ditch managers, who are volunteers, are supposed to monitor tax ditch obstructions. Garner said there was not an active officer in the Carsyljan Acres tax ditch for at least a decade. A chairman of managers and a manager for the Carslyjan tax ditch are now in place. But, it's been years since infor- mation about the tax ditch was CAPE GAZETTE - Tuesday, October 10 - Thursday, October 12, 2006.,- 13 shared with its members. No one would say which agency is charged with making sure tax ditch groups are meeting and electing officers. "Overbrook Shores was owned by one landowner and people did not find out about the tax ditch when the land was subdivided," Garner said. In addition, there was a glitch in the deed system. All tax ditch information is filed in the county prothonotary's office, not the recorder of deed's office where most people search for deed infor- mation. Because of the problems with Overbrook Shores, Rep. George Carey, R-Milford, proposed legis- lation passed this year to change this practice so all tax ditch files are placed in the recorder of deeds office. The new law does not help the residents of Overbrook Shores who are in violation of the right- of-way easement. Corak said she works for a real estate attorney and her brother built her house, and she is still in violation of the fight of way. Wakefield added, "I bought my lot two years ago. I'm sitting at closing and they say there's a tax ditch back there, but it's nothing to worry about - you have plenty of room. The first I heard about any of this was two weeks ago." Piorko said many people in the system had a chance to bring to light the 25-foot right-of-way issue, but no one did. "There wasn't a red flag any- where," said Piorko. "There is a history of disregard here. The tax ditch right of way was not'ade prominent in the land develop- ment process." He said it could have been picked up several times in the process from the legal review of the title search to the inspection. Over the past two years, Piorko said, changes in the tax ditch reg- ulations have been made. "We are asking developers to ensure the fight of way by mark- ing it in individual deeds when lots are sold. But no one is out there staking out the fight of way when homes are being sold," he said. "We are making the develop- ment and legal communities more aware of the rights of way." He was quick to add that the people who live in the watershed manage the tax ditch. Buffers Continued from page 1 buffers on tidal, isolated and fed- eral wetlands and perennial streams, but the August draft reduces those buffer requirements to 50 feet - no change from cur- rent Sussex County regulations. The study found only two changes from current law are required in the August draft. The first is a 50-foot buffer for peren- nial ditches, reduced from 100- feet in the earlier draft. The sec- oiad would allow any type of veg- etation in the buffers while Sussex County requires natural vegetation. The May 2005 draft strategies called for 75 percent native forest in buffer zones, based on the idea that trees in the buffer will draw up large amounts of the nutrients, reducing the nitrogen and phos- phorous load that reaches the Inland Bays. A white paper, developed by the center based on research on Hopkins Prong and Dirickson Creek, found that a 50-foot buffer would annually filter 7.90 pounds of 'nitrogen and 0.6 pounds of phosphorous from Hopkins Prong. The same study showed a 100- foot buffer would filter 769 pounds of nitrogen and 47.5 pounds of phosphorus from Hopkins Prong. At Dirickson Creek, the 50-foot buffer would filter 114.50 pounds of nitrogen and 8.2 pounds of phosphorus, while the 100-foot buffer would filter out 5,030 pounds of nitrogen and 310.4 pounds of phosphorus. As a result of the dramatic dif- ferences, the center has called on DNREC to enhance the August regulations on buffers. According to a press release, at its Friday, Sept. 29, meeting the Center for the Inland Bays board also recognized the efforts of DNREC's Division of Air and Waste Management to develop LEASE EXTENDED! HELD OVER OCT. 10 - 17 $1,000,000 In Merchandise from Out of Business Stores & Manufacturers EVERYTHING MUST BE SOLD! Oversize Drivers ......................... $79 Hybrids ........................... . ............ $59 Putter .......................................... $19 Wedges ....................................... $19 Golf Shoes ............................ from $19 Leather Golf Gloves ............ (a for) $18 Golf Shirts ..................................... $9 WindshJrls ................................... $15 Golf Bags .............................. from $49 Tommy Armour 15 Ball Pk ............ $9 FREE D()Z. GOLF BALLS With Ad & Min. $10 Purchase • Exp. 10/17/06 Golf Closeout Warehouse MON-$AT 9-9 • SUN 11-7 regulations to reduce air emis- sions of nitrogen oxides and sulfur oxides as well as mercury from Delaware's coal- and residual-oil fired power plants. The board found that proposed air pollution regulations would limit toxic air emissions, such as: • Nitrogen oxide, which as pre- cipitation can increase the amount of nitrogen in water bodies, par- ticularly coastal estuaries, upset- ting the balance of nutrients used by aquatic life. It can lower oxy- gen levels in the water, which can promote algal blooms and lead to fish kills. • sulfur dioxide, which con- tributes to acid rain, which in turn damages forests and crops, changes soil chemistry, and makes ponds and streams acidic and unsuitable for fish • mercury, which can accumu- late in fish and shellfish, thereby entering the food chain where it can be toxic to humans and other organisms that consume them. A copy of CIB's analysis of the buffer issue can be accessed on the center's web site at www.inlandbays.org. O With these rates, your money works as hard as you do. And when :you maintain $2,500 in your CD, you'll receive free Custom Checking, with free online Bill Pay. 302.436.8236 • 410.651.2400 • 75Z787.4111 or visit us online at mercantilepeninsulabank.com MERCANTILE PENINSULA BANK WE'RE BANKING ON YoU. I I • "leh'alPercenYdiscutasof6t2adattYjecttochaany'ane, 1e 13-month CD has a $I,000 minknum oi dapodt, Pmalty imp0eed  eedy withdraW. Mercantile I A family of community banks serving Maryland, Washington. D.C., Virginia, Delaware and Pennsylvania I Member FDIC i