Sussex P&Z questions safety of proposed housing site

A plan for single-family homes near Lewes has raised questions by the Sussex County Planning and Zoning Commission.

Stream's Edge Estates – TBD LLC has filed an application for a cluster subdivision with 42 single-family lots on 21 acres on the east side of Robinsonville Road near the Kendale Road intersection adjacent to Tidewater Landing.

Plans for the proposed subdivision include removing about 300 cubic yards of contaminated soil from or near proposed lots. The soil would be added to an adjacent, existing 1.2-acre brownfield site that will be capped and not developed.

The contaminated portion of the property was a lumber operation used until 1975. Arsenic and chromium were used to salt treat lumber. The chemicals are no longer used in the process.

During its July 27 meeting, commissioners said they wanted more information about the location of the contaminants and how close they are to lots on the preliminary site plan.

“I'm deeply troubled and not comfortable with this application,” said Commission Chairman Bob Wheatley.

Assistant county attorney Vince Robertson reminded the commission that they have approved other residential projects on brownfield sites. “Yes, we've done it, but the debris was removed, and there was a landowner responsible for it,” Wheatley said.

The commission voted to leave the public record open to gather more information including a copy of a Department of Natural Resources and Environmental Control feasibility report.

Attorney says plan approved by DNREC

Tim Willard, the developer's attorney, assured the commission that a remediation plan has been approved by state environmental officials. He said DNREC has approved a feasibility study to allow the developer to proceed with a residential housing application.

“It will be sealed, and it will be capped so no water can go through it to stop any leaching,” said Willard, adding a significant barrier would stop stormwater from getting into the groundwater.

Duffield Associates environmental engineer Brian Lyncha said the homeowners association would be under no obligation to take over ownership of the set-aside 1.2-acre parcel that will be owned and maintained by the seller. If the HOA eventually votes to take over the parcel, the cost would be $1, he said.

This is the second time a remediation plan has been filed for the parcel. In 2012, Lyncha said, DNREC regulations changed and an evaluation of the remainder of the parcel was ordered. He said some contaminated soil was found, but it was not related to the lumber-treating operation.

Lyncha said several buildings were burned down on the parcel and residue was left behind in the top foot of soil in some areas.

He said about 300 cubic yards – or about 18 to 20 dump truck loads – of contaminated soil will be removed and transferred to the brownfield site on the parcel, which will be all be capped.

Commissioner Keller Hopkins asked why the contaminated soil would not be transported for disposal to a landfill.

Lyncha said cost was the factor. He said Delaware landfills will not accept the soil, and it would have to be transported to New Jersey at a cost of hundreds of thousands of dollars.

“If it's not allowed in a landfill, why would people want it in their backyard?” Hopkins asked.

Lyncha said he's confident all the contaminated soil has been found. He said more than 12 monitoring wells were in place and soil sampling has been done.

Lyncha said the soil would be covered by a heavy-duty plastic liner to stop water infiltration. He said the area could be planted with grass or be used to construct sports courts.

“DNREC says the property can be available if remediated and capped and reserved as open space,” Willard said. “Remediation must be done before the final site plan is submitted.”

Engineer Ken Christenberry said state transportation officials would require a 10-foot shared-use path along the frontage of the property that would connect to Tidewater Landing. Also along the frontage, DelDOT would require shoulders on both sides of the road, a left-turn lane, deceleration lane and bike lanes.

Willard said the developer was open to look at possible interconnectivity to the entrance of Tidewater Landing to eliminate the community's direct access to the roadway.

“The further you can pull the entrance away from the curve on Robinsonville Road the better,” said Commissioner Kim Hoey Stevenson.

No one spoke in support or opposition to the application.

Because it's a subdivision application, no hearing is necessary before county council, which votes on rezonings and conditional-use applications.