John Ruch

HARMONY — A group hoping to prevent development in the flood plains adjacent to the borough is calling the withdrawal of a permit to dump excavated dirt in the area a “major victory” for residents and businesses.

John Ruch, the president of Historic Harmony, led a meeting Wednesday to discuss the latest in a long battle with Creative Real Estate Development regarding the Connoquenessing Creek flood plains. He said the withdrawal of a permit to the state Department of Environmental Protection was a step forward in preventing irresponsible development that possibly could worsen future flooding.

“Because of our persistence and what the DEP said were major issues with the permit, we were able to get this victory for the flood plains and wetlands,” Ruch said to about a dozen people at the Harmony Museum.

Creative Real Estate had sought permission to dump dirt it excavated from the site of a new Murphy Tractor business along Route 19 in Jackson Township in the flood plains. There also had been talks of a high-density residential project in the area, also owned by the development group.

However, because of pressure from the borough and issues raised by the DEP, both plans have been scrapped, said Creative Real Estate owner Don Rodgers.

“It looks like Historic Harmony got their way. Let them feel like they got a victory,” Rodgers told the Eagle when briefed on Wednesday's meeting.

“I'm just tired of fighting,” he said.

Ruch said he was told the DEP had 14 issues with the permit for filling in the flood plains, but no specifics were mentioned. As a result, he said, Creative Real Estate was forced to reconsider the dumping issue.

However, Rodgers scoffed at the notion that the DEP ultimately halted the project. He said if he truly was willing to continue with the development, he would have been able to satisfy the agency over the requirements.

He said his reconsideration came down to constant fighting with Historic Harmony over filling in the flood plain.

As an alternative Rodgers said he was looking at putting mobile homes at the site where the housing project was being studied. He said this was a possibility because trailers do not require the insurance that a typical residence would need in a designated flood plain.

Rodgers figured 200 to 300 mobile homes could fit in the area.

“It's not one option, it's the only option,” he said. “The whole reason we were trying to fill it in was for the (housing) development. With that not happening, all we can do now is put trailers in there.”

Rodgers would not say whether Creative Real Estate was seriously considering the trailer option.

Organizers of Preserving Harmony, a committee under the umbrella of Historic Harmony, said residents near the Murphy Tractor site should log excavating activity to ensure that no dumping takes place in the flood plain.

“I think it's a good idea to keep an eye of what's going on,” said Josh Meeder, chairman of Preserving Harmony.

Borough officials have long opposed any development in and around the creek next to the flood plains. Ruch said the acreage at issue was under water following Hurricane Ivan that passed through in September 2004.

Ruch said the 100-year flood caused “considerable damage” at the time and still poses a threat to residents and businesses in the borough and township. He noted that flood plain disruption could cause additional flooding problems for nearby structures such as a barn on Mercer Street next to the Creative Real Estate property.

“I really think that the community came together and was able to get this resolution,” Ruch said of the rescinded permit.

Though frustrated with a lack of cooperation with the borough, Rodgers said his focus now is on Murphy Tractor.

“That's really all I care about right now,” he said.