First-Last Chance For Public Input On The Hercules-Toll Bros Subdivision - Hearing Set For 7PM Sept. 7th At 77 Reads Way In New Castle

Tim Sheldon's office sent out this announcement on Monday about the Exploratory Plan Hearing for the Toll Brothers' Hercules property. I asked for and received further clarification that the Sept. 7th meeting is going to be the only chance for public comment before this record plan goes to council for a vote:

There has been a Planning Board Meeting scheduled for the DE National plan (2010-0176-S). It is scheduled for September 7, 2010 at 7 PM in the Multi-Purpose Room at 77 Reads Way(Gilliam Building), New Castle, DE.

This would be the time to come out and speak to the developer and the Department of Land Use directly expressing your concerns. Please remember that this is a meeting being hosted by the Planning Board. No vote would be taken by the Board since the proposed subdivision is permitted by right in the residential "S" zoning district and no variances are being sought. Regardless, this is an exploratory plan and once you state your concerns, they would be noted and addressed by the developer and/or the Department of Land who will be in attendance.

If you have any additional questions, please do not hesitate to contact our office. Thank you, Stephanie Rizzo, Legislative Aide to Councilman Sheldon 800 N. French Street, Wilmington, DE 19801 302-395-8369

And I also received this notice from Bill Dunn on the subject:

Things Are Moving Quickly: Hercules Road & Lancaster Pike Site (Del National 18 holes) - DE#1492 - Tuesday, August 03, 2010

Everyone, At the bottom of this email is a note Senator Blevins sent to Secretary O'Mara last week and his response. I also got a note from Representative Hudson which included a link to a web site where more information was available:

http://www.nav.dnrec.delaware.gov/DEN3/Detail/FacilityDetail.aspx?id=10374977&panel=General

If you go to "Documents" at the bottom of the left hand column you'll find a link to Brightfield's Remedial Investigation Work Plan that was officially FILED Friday and was APPROVED, with his recommended "addendums", by Steve Johnson on MONDAY!

I have just started reading the report, but one paragraph jumped off the page:

The TestAmerica data indicated that eight of the nine green samples submitted, as well as the one tee box sample, exceeded the Delaware default background concentration for arsenic of 11mg/kg (parts per million (ppm)). Additionally, soil samples from holes where arsenic was detected above criteria corresponded to the older holes, and the general range of contaminant concentrations detected were consistent with those detected during investigations on the South Course (holes constructed in 1941). These results indicate that pesticide and metal contamination in samples from the older greens correlated to installation time for the hole, with the older (1937) holes having contamination, while the newer (1967) holes did not.

If I read it correctly, the contaminant concentration (of eight other metals and chlorinated pesticides) of this very limited number of samples, held what the evaluator believed to be a reasonable level of consistency, so he felt it wasn't necessary to test the other tees and greens for those metals and pesticides in that area of the course. But, Steve Johnson approved it.
Also, DNREC's "Technical Subcommittee of RAC for Revisions to the Delaware Sediment and Stormwater Regulations", which I think will review some of the issues with the property, has a meeting scheduled TOMORROW morning AND there is NO Agenda posted on the web site. For those who were involved with the other (Toll) development, here we go again. For everyone else, hang on!!!
Bill Dunn, VP Milltown-Limestone Civic Alliance, (VP - NCC Civic League)
P.S. Knowing we have 6, 8, 10 people who either hold highly technically degrees (including an Environmental Eng.) or work in the chemical industry, they still want us to wait until the "public meeting" before requesting our input.

The following is the correspondence between Senator Patricia Blevins (LegHall) and Secretary Collin O'Mara Collin P. (DNREC) Cc: Small David (DNREC):

Subject: $5 M cut in HSCA funding - Wednesday, July 28, 2010

Mr. Secretary,
Below is an e-mail string from involving a number of people who are working on the concerns regarding the housing construction on the Delaware National golf course.
The concerns that are spreading through the community are two:

1. Jeff Bartos is leaving Toll Brothers. He was the community contact, and he was able to get things done when there were serious dust concerns or other environmental concerns. The response from DNREC wasn't what they had hoped. They are now worried that there won't be any support for the community during the new build-out. Is it possible to give them some assurances that there will be some quicker turnaround time from DNREC on concerns during this next construction phase?

2. They are referencing a cut in HSCA funding, and are worried that this might affect the remediation. Since this property is being remediated privately, I don't think that this is something to worry about, but I wanted to check.

Thanks for any help you can give.
Patti Blevins

~*~

Subject: $5 M cut in HSCA funding - Monday, August 02, 2010
Senator, Thank you for the note. I apologize for my delayed response... Lindsay and I are up north in Maine for a few days.

As you mentioned, Jeff Bartos' last day with Toll Brothers was Friday. The new project manager, who will be the point of contact for Toll Brothers, is Andrew (Andy) Semon. He was also the field manager for the Greenville Overlook project. Andy can be contacted at 215-293-5447 215-293-5447 or asemon@tollbrothersinc.com.

As for our response to calls from the community, DNREC will work hard to be more responsive. DNREC staff worked hard during the remediation phase of the project to address concerns, but we will strive to do a better job communicating and Marj Crofts, the new Director of Waste Management, will do a better job working with the local residents than previous leadership.

We are committed to working with the local residents. Given the serious local concerns during the remediation process, DNREC staff was onsite about 2 – 3 times per week (compared to 2 – 3 times during the entire remediation at most sites). Following the remediation phase and during the first construction phase, there have been dust complaints from residents and we are working closely with the County to follow through up on these issues (under the NCC ordinance addressing dust on construction sites).

Finally, the HSCA funding issues will not impact the oversight of the remediation for the Hercules Road & Lancaster Pike site (DE-1492) as Toll Brothers will be paying all oversight costs. We are in the process of negotiating a Voluntary Cleanup Agreement with Toll and they have already sent their required deposit to the Department and the public notice was in Sunday's New Journal. That said, we are experiencing greater demand for HSCA funding than any time in recent years and the clean up needs are only going to intensify with GM/Fisker, Chrysler, the Riverfront, and others in the pipeline, so we will be working with the Administration and General Assembly to ensure that sufficient funds are available to get sites cleaned up thoroughly and efficiently and help put local labor to work as quickly as possible.

As always, please let us know if we can be of any assistance.
Best, Collin