The public has until Tuesday, Dec. 23, to comment on the responses by state and local agencies to questions Sussex County Council asked about the proposed Atlantic Fields commercial development on Route 24.

The $175 million project proposed by Southside Investment Partners requires a change in zoning for a 73.5-acre site near Rehoboth Beach from AR-1, agricultural-residential, to C-4, planned commercial district.

The site is at the northeast corner of Mulberry Knoll Road, not far from two schools in a fast-developing area. 

Council decided Oct. 21 to seek additional information from the Sussex Conservation District, Delaware Department of Transportation and Delaware Department of Natural Resources and Environmental Control.

Receipt of the agency responses was acknowledged at the Dec. 9 council meeting. That started a two-week clock for the public and developer to comment, in writing only, on those agency responses. The deadline is 4:30 p.m., Dec. 23. 

Jamie Whitehouse, director of the Sussex County Planning & Zoning Department, recommended replying to the land-use docket on the county website. Traditional mail submissions may be delayed in the days leading up to Christmas, Whitehouse said.

Emails can be sent to pandz@sussexcountyde.gov. The public can also send or deliver comments to the P&Z office, but they must be received by the deadline. 

As of Dec. 10, there were 574 comments posted about the Atlantic Fields project on the county website. Forty-five of them were filed after the agencies submitted replies to the county’s questions.

Among committed stores in the 665,0000-square-foot retail center are Costco, Target, Whole Foods, Nordstrom Rack, Dick’s Sporting Goods, Hobby Lobby and Ross Stores, said Ben Hoskins, president of Southside Investment Partners, at a Sept. 17 public hearing before the planning & zoning commission.

During public hearings held by the commission and county council, concerns were raised about traffic and environmental issues.

The City of Rehoboth Beach draws drinking water from a central county wellhead. Gasoline pumps for the proposed Costco store are located in the wellhead protection area, the county noted in its letter to DNREC. An underground fuel storage tank is also in the wellhead protection area.

The county asked DNREC if there is a danger of contamination to the public well or private wells for homes nearby due to the current design.

DNREC Preliminary Land Use Service Lead Beth Krumrine responded in a Nov. 18 letter, saying there is a risk of contamination from a petroleum release reaching the stormwater system. That risk could be significantly reduced with appropriate safeguards, like shut-off valves, she said.

The developer has also told the county it plans to move the location of the pumps farther from the wellhead protection area.

A planned underground stormwater system is designed with filtration at the intake to remove pollutants. DNREC gave advice on designing systems to reduce the risk of pollution.

The Sussex Conservation District noted wellhead protection areas fall under the regulatory authority of Sussex County. The district also does not have permitting or review authority over land-use decisions or development activities in wellhead protection zones.

It does, however, review and approve stormwater management, and erosion and sediment control plans. 

Stephanie Johnson, DelDOT’s director of planning, replied to the county’s questions in a Nov. 17 letter.

Johnson explained the methodology for determining traffic generation estimates. She also said relocating a gas station on site would not affect entrances and exits or traffic patterns and roadway improvements.

Johnson also said private driveways may be accessed by a roundabout. A Mulberry Road resident has raised concerns about the prospects of having a roundabout at the end of his driveway.

Johnson said her agency was not aware of any reports contradicting the estimates for vehicle trip generation from the project.

A 17-page submission prepared by David L. Edgell, director of the Office of State Planning Coordination, for the state’s 2024 PLUS review for the project was among documents included in the state agency responses.