Atlantic Concrete barred from using Lewes site to process residual materials
The state has barred Atlantic Concrete from using a 5-acre parcel, which it bought adjacent to its Lewes site in 2001, for processing excess cement mix until it receives a permit, the agency announced May 9.
The company asked the Delaware Department of Natural Resources and Environmental Control for a Coastal Zone Act status decision on its use of the site next to the 21-acre property that has long housed the company’s operations.
The previous owner had allowed Atlantic Concrete and other companies to manage residual concrete from work sites and other concrete products, according to the state, and Atlantic Concrete bought the property for its exclusive use.
The two adjacent sites now comprise a single property with the address 16762 Old Orchard Road, according to the state.
DNREC concluded the operation on the 5-acre parcel required a permit that was not previously obtained by the company, according to the decision signed May 5 by agency Secretary Gregory B. Patterson.
The agency decided Atlantic Concrete can only conduct activities associated with the manufacturing process on its original parcel, including handling residual concrete.
DNREC noted the decision would not be held against the company if it applies for a permit for the operation on the smaller lot.
Atlantic Concrete was given 14 days from the May 9 posting of DNREC’s decision to file an appeal.
An official from Atlantic Concrete could not be reached for comment, but in the company’s request for a decision dated March 10, it explains the hardships that would result from denial.
It stated that activities on the 2001 parcel “support efficient operations by allowing temporary storage, processing and transportation of residual materials to off-site recycling facilities. The use of this parcel is essential for maintaining the functionality of Atlantic Concrete’s manufacturing operations without disruption.
“Failure to utilize the 2001 parcel for concrete residual management could drastically reduce concrete manufacturing activities as there are no businesses in the area that are authorized to manage residual concrete,” the document stated.
DNREC noted that Coastal Zone Act regulations define an expansion as “an increase in the overall processing capability of a use or facility.”
The activities on the 2001 parcel were not included in the company’s documented nonconforming operation on the site and are an addition to the process, the agency concluded. The state also noted activities on that site were not mentioned when Atlantic Concrete obtained two earlier status decisions from DNREC that concluded the operation was in compliance with state law.
Activities on the 2001 site have been the subject of two lawsuits filed by Julian Karpoff, a resident of Villages of Five Points, whose home is nearby. One was filed in Delaware Superior Court and the other in Delaware Court of Chancery. The Court of Chancery case claims Atlantic Concrete is violating the Coastal Zone Act with its operations on the 2001 property.
“The concrete recycling process involves dumping residual cement on the ground behind my house,” Karpoff said in February 2024. “When the 5-acre parcel is full, which seems to take about six months, the resulting hardened concrete is pounded into basketball-sized chunks by a ‘skid breaker,’ which is like a jackhammer on steroids mounted on a front-end loader body.”
Kevin Conlon came to the Cape Gazette with nearly 40 years of newspaper experience since graduating from St. Bonaventure University in New York with a bachelor's degree in mass communication. He reports on Sussex County government and other assignments as needed.
His career spans working as a reporter and editor at daily newspapers in upstate New York, including The Daily Gazette in Schenectady. He comes to the Cape Gazette from the Cortland Standard, where he was an editor for more than 25 years, and in recent years also contributed as a columnist and opinion page writer. He and his staff won regional and state writing awards.
Conlon was relocating to Lewes when he came across an advertisement for a reporter job at the Cape Gazette, and the decision to pursue it paid off. His new position gives him an opportunity to stay in a career that he loves, covering local news for an independently owned newspaper.
Conlon is the father of seven children and grandfather to two young boys. In his spare time, he trains for and competes in triathlons and other races. Now settling into the Cape Region, he is searching out hilly trails and roads with wide shoulders. He is a fan of St. Bonaventure sports, especially rugby and basketball, as well as following the Mets, Steelers and Celtics.
