Developer can proceed with scaled-down project
With an environmental remediation plan completed, the developer of a proposed subdivision along Robinsonville Road near Lewes will proceed with construction, but at a tenth of the scale originally proposed. Four lots are now on the plan instead of 42 lots.
On Aug. 12, 2019, developer Ashburn Stream's Edge LLC filed a plan with the county for a 4-lot minor subdivision, according to Sussex County Planning and Zoning Director Jamie Whitehouse. Minor subdivisions of four or fewer lots are approved administratively by the county planning and zoning director.
In spring 2019, Sussex County Planning and Zoning Commission denied the original subdivision application, and Sussex County Council followed with denial of an appeal in March.
Potential health risks from contaminated soil and groundwater from a former lumber company on the parcel were the major concern expressed by county officials.
As approved, the developer is permitted to build on four lots that are not in the area where the highest concentration of contamination was found, said Patrick Boettcher, hydrologist with the Delaware Department of Natural Resources and Environmental Control remediation section.
Boettcher said the parcel was divided into two areas: OU1, the main area of operation where contamination was most prevalent, and OU2, previously a staging area where contamination was minimal but still included hot spots of soil contamination that posed an unacceptable risk for residential use.
“With the removal of the delineated hot spots, the soil in this area is acceptable for residential use. The use of groundwater in this area will be restricted,” Boettcher said. Residential wells will not be allowed, and houses must connect to a central water system.
He said the hot-spot areas were removed, and the fill was used to cover the area where the higher concentration area of contaminated soil was located. That area was then covered with a liner to limit groundwater infiltration.
Boettcher said the remediation plan requires continued monitoring of the groundwater. “The site contaminant is not volatile and is only a threat if consumed or used for bathing,” he said.
Boettcher said once an environmental covenant for the site is filed, DNREC will issue a certification of completion of remedy and construction can begin.
“Should conditions change or new information becomes available, DNREC will require further investigation and remedial actions,” Boettcher said.
Growth on Robinsonville Road
Over the past four years, Sussex County Planning and Zoning Commission has approved four subdivisions with 724 lots in the area of Robinsonville Road.
Under construction are Tidewater Landing, 213 lots on 163 acres, and Kindleton, 90 lots on 49 acres. Two other subdivisions have been approved – Chase Oaks, 253 lots on 145 acres, and Tanager Woods, 168 lots on 103 acres.
History of the site
Sussex Lumber operated on the site from 1958 through 1975, when all equipment was removed. Lumber treatment resulted in the release of hazardous substances including semi-volatile organic compounds and metals, arsenic and hexavalent chromium, which impacted soil and groundwater.
DNREC officials said that remedial investigations and groundwater monitoring since 1995 showed that without remediation, the property was unacceptable for residential use. In addition, even with remediation, a section of the parcel would have to be set aside for contaminated soil storage and not built on.
