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How would rezoning impact Lewes well field?

Sides disagree over effects of proposed Gills Neck center
July 29, 2016

As development occurs around the borders of Lewes, the protection of the city's water source has surfaced as an issue. The city's five wells are located on a parcel south of Cape Henlopen High School between Kings Highway and Savannah Road.

Developer J.G. Townsend Jr. & Co. has filed an application for B-1 neighborhood zoning for an 11.6-acre parcel at Gills Neck Road and Kings Highway to pave the way for the Gills Neck Village Center.

The proposed shopping center would be located in a farm field on the east side of Kings Highway just over 100 feet from the closest well. The location is serving as a lightning rod for those opposed to the project who say the plan should be scrapped, downsized again or moved to the east away from the wellhead-protection area.

City of Lewes and the Board of Public Works officials are opposed to the B-1 zoning application in favor of a conditional-use application and a revised site plan with the proposed shopping center located closer to the yet-to-be-built Governors housing project along Gills Neck Road away from the city's wells.

The developer's team says all county and state regulations will be followed, and a geologist has been hired who specializes in hydrology to provide assistance with complying with the county's source water protection regulations.

Ring Lardner, the developer's engineer, said during a July 14 county planning and zoning public hearing that an applicant's study showed the development would not have a detrimental impact on the Lewes wells.

In fact, he said, if the application is approved, an existing irrigation well on the parcel would be taken out of service. Lardner said that's up to 18 million gallons of water annually that would not be removed from the aquifer.

"There is a 50 percent chance it could improve things, but it may not," said Lewes BPW General Manager Darrin Gordon. "And if there's an issue it should be mitigated."

That's one of the conditions Lewes officials are requesting.

According to a report submitted by Lewes officials to the county: "Based on the hydrologist's report, as well as DNREC's Oct. 16, 2009 letter and the 2003 University of Delaware report, the Board of Public Works is exceptionally concerned with harm to the quality and quantity of water drawn from the wellhead for the BPW's customers should the upzoning request be approved."

Site in wellhead-protection area

Most of the parcel for which the rezoning is sought lies within the Lewes wellhead-protection area. A Department of Natural Resources and Environmental Control review did not identify any excellent recharge areas on the site.

Vince Robertson, assistant county attorney, said the wellhead-protection safety zone is 100 feet in the county's source water-protection ordinance. Construction can occur outside that perimeter following regulations under Section 89-6 of county code. According to the developer's team, the proposed center would be beyond the 100-foot safe zone.

"DNREC says the county regulations are weak," Gordon said. "Higher standards are what we are requesting."

In a revised 2016 PLUS report, DNREC officials recommended that the developer exceed the requirements of the county's ordinance to afford "much-needed protection."

"What the state says doesn't matter," said Planning and Zoning Chairman Bob Wheatley. "The county ordinance is how we are required to measure this application. We have to live with the ordinance we have."

"But is that safe?" Gordon asked. "There is no guarantee."

Fran Mahon, a Wolfe Runne resident, said luck has played a role in potential negative impact on the Lewes wells over the past 15 years. "How much more development can the area take?" he asked.

He said a 2003 DNREC study highlighted potential risk to the Lewes wellhead-protection area. "And how much more impervious surface do we have today and how much more demand do we have on the aquifer?" he asked. "Tidewater is using the same aquifer – it's all coming out of the same canteen cup."

He said state environmental officials recommended that the land remain in farm use. That recommendation came in a state report issued many years ago when the first Village Center rezoning proposal was being considered. "Rezoning poses great risk to the drinking water," he said.

Officials say they are concerned that runoff from the shopping center could infiltrate the city's wells.

Attorney: Rezoning is only relevant issue

Robertson said rezoning is the only relevant issue that can be considered by planning and zoning and county council. "It's separate from the specific use of the site and how the site is developed in conformity with the source water-protection requirements, if the rezoning is approved," he said. "The requirements apply whether the property is developed under B-1 or under the current AR-1 zoning and would be dealt with as part of any site-plan review."

Under the county's source water-protection ordinance, between the edge of the 100-foot safe zone and the outer border of the wellhead-protection area, there are no limitations on land development provided impervious cover is less than 35 percent.

However, the ordinance allows for up to 60 percent impervious cover if post-development discharge meets or exceeds existing pre-development recharge quantity.

Robertson said compliance with those county code requirements is part of the site-plan review as well. He also said that county officials cannot place conditions on a zoning change.

Burton: Worried about the wells

Planning and Zoning Commissioner I.G. Burton asked if water-quality monitors would be part of the project.

Nick Hammonds, representing Jack Lingo Asset Management, replied that the developer is prepared to comply with the county's source water-protection act and all best-management practices for stormwater collection and discharge. Monitors are not required under the county's ordinance.

"There has to be a backup plan. I'm worried about the wells; I want that on the record," Burton said.

Robertson told Burton that the Sussex County Conservation District is responsible for oversight of the wellhead-protection ordinance.

"Has the city offered to buy the land to protect the wellhead area?" asked Commissioner Mike Johnson.

"That has not occurred," said Gene Bayard, attorney for Jack Lingo Asset Management. He added that county and state regulations are in place to protect public wells.

Although he didn't answer that question during the July 14 public hearing, John Mateyko, president of Lewes Partnership for Managing Growth, said nearly a decade ago talks were underway to possibly purchase road frontage along Kings Highway to act as a buffer for the wells and establish a gateway into Lewes.

See more in the Tuesday, Aug. 2 edition of the Cape Gazette.

Conditions proposed by Lewes officials:

• No gas stations or dry cleaners or other uses with potential environmental hazards.

• Best management stormwater practices using up-to-date green technology.

• Monitoring of wellhead-protection area.

• Providing an easement prohibiting construction or any other development either in or within 150 feet of the BPW wells.

• Modify site plan to move shopping center to the east and create a green zone in the wellhead-protection area.

• Escrow or bond to provide guarantee of mitigation if project impacts water supply.

Among DNREC recommendations:

• Remove stormwater management facilities from the wellhead-protection area.

In the PLUS report, the developer noted that most of the site is in the wellhead-protection area so moving the stormwater management facility would not be feasible.

• Use better – not best – management practices in the design, construction and maintenance of the stormwater management system.

"Best management practices will be implemented in all phases of the project to reduce runoff and maximize pollutant loads," the developer wrote in the PLUS report.

DNREC officials noted that the majority of the impervious cover for the proposed center would be its parking lot. They recommended the developer use pervious paving materials in parking and roadway areas instead of asphalt and concrete to mitigate any environmental or runoff impacts.

According to the developer's engineer, the developer will follow state regulations requiring runoff from parking lots into infiltration systems must be at least 150 feet from a well. In addition, 100 percent of the runoff must be treated.

QUICK FACT – The City of Lewes' wells are capable of pumping 4 million gallons per day. According to information in a draft of the 2015 city comprehensive plan, the average usage during the summer is 1.6 million gallons per day with 460,000 gallons used for lawns and gardens.

For more information go to www.stateplanning.delaware.gov/plus/projects/2015/2015-03-02.pdf

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