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June 26, 2015 Constance C. Holland, AICP Office of State Planning

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June 26, 2015 Constance C. Holland, AICP Office of State Planning June 26, 2015 Constance C. Holland, AICP Office of State Planning Coordination Haslet Armory PLANNING OUR 122 William Penn Street CLIENTS ’ SUCCESS Dover, DE 1991 RE: PLUS Comment Response SPCA COMMERCIAL New Castle County, Delaware BMG Project # 2012054.00 NCC Application # 2013-0254 Dear Constance: As required, please find below Becker Morgan Group’s response to the PLUS comments received for the above referenced project. Strategies for State Policies and Spending • This project is located in Investment Level 2 according to the State Strategies for Policies and Spending . Investment Level 2 reflects areas where growth is anticipated by local, county, and State plans in the near term future. State investments will support growth in these areas. BMG Response: Noted. Code Requirements/Agency Permitting Requirements State Historic Preservation Office – Contact Terrence Burns 736-7404 BECKER MORGAN GROUP , INC . • There are no known historic or cultural resources such as an archaeological site or ARCHITECTURE & ENGINEERING National Register-listed property on this parcel. However, if any development project RITTENHOUSE STATION does proceed on this parcel, it is still important that the developer be aware of the 250 SOUTH MAIN STREET , SUITE 109 Delaware Unmarked Human Burials and Human Skeletal Remains Law, which is NEWARK , DELAWARE 19711 302.369.3700 outlined in Chapter 54 of Title 7 of the Delaware Code. BMG Response: Noted. 309 SOUTH GOVERNORS AVENUE DOVER , DELAWARE 19904 Abandoned or unmarked family cemeteries are very common in the State of 302.734.7950 Delaware. They are usually in rural or open space areas, and sometimes near or FAX 302.734.7965 within the boundary of an historic farm site. Even a marked cemetery can frequently PORT EXCHANGE have unmarked graves or burials outside of the known boundary line or limit. 312 WEST MAIN STREET , SUITE 300 Disturbing unmarked graves or burials triggers the Delaware’s Unmarked Human SALISBURY , MARYLAND 21801 410.546.9100 Burials and Human Skeletal Remains Law (Delaware Code Title 7, Chapter 54), and FAX 410.546.5824 such remains or discoveries can result in substantial delays while the procedures ARCHITECTURE & PLANNING required under this law are carried out. If there is a discovery of any unmarked graves, burials or a cemetery, it is very costly to have them archaeologically 3205 RANDALL PARKWAY , SUITE 211 excavated and the burials moved. The Division of Historical & Cultural Affairs WILMINGTON , NORTH CAROLINA 28403 910.341.7600 recommends that owners and/or developers have a qualified archaeological FAX 910.341.7506 consultant investigate their project area, to the full extent, to see if there is any www.beckermorgan.com unmarked cemetery, graves, or burial sites. In the event of such a discovery, the Division of Historical & Cultural Affairs also recommends that the plans be re-drawn June 25, 2015 SPCA Commercial PLUS Response Page 2 of 16 to leave the full extent of the cemeteries or any burials on its own parcel or in the open space area of the development, with the responsibility for its maintenance lying with the landowner association or development. If you would like to know more information that pertains to unmarked human remains or cemeteries, please check the following websites for additional information: www.history.delaware.gov/preservation/umhr.shtml and www.history.delaware.gov/preservation/cemeteries.shtml . BMG Response: Noted. Prior to any demolition or ground-disturbing activities, the developer should consider hiring an archaeological consultant to examine the parcel for potential historic or cultural resources, such as a potential archaeological site, a cemetery or unmarked human remains. Furthermore, if there is any federal involvement with the project, in the form of licenses, permits, or funds, the federal agency, often through its client, is responsible for complying with Section 106 of the National Historic Preservation Act (36 CFR 800) and must consider their project’s effects on any known or potential cultural or historic resources. Owners and developers who may plan to apply for an Army Corps of Engineers permit or for federal funding, such as HUD or USDA grants, should be aware of the National Historic Preservation Act of 1966 (as amended). Regulations promulgated for Section 106 of this Act stipulate that no ground-disturbing or demolition activities should take place before the Corps or other involved federal agency determines the area of potential effect of the project undertaking. These stipulations are in place to allow for comment from the public, the Delaware State Historic Preservation Office, and the Advisory Council for Historic Preservation about the project’s effects on historic properties. Furthermore, any preconstruction activities without adherence to these stipulations may jeopardize the issuance of any permit or funds. If you need further information or additional details pertaining to the Section 106 process and the Advisory Council’s role, please review the Advisory Council’s website at www.achp.gov . BMG Response: Noted. Department of Transportation – Contact Bill Brockenbrough 760-2109 • The applicant has requested a waiver of New Castle County and DelDOT requirements that a Traffic Impact Study (TIS) be performed and we anticipate the County asking us for concurrence regarding some aspects of that request. DelDOT’s regulations in this regard are found in Section 2.3.4 of the Standards and Regulations for Subdivision Streets and State Highway Access. The applicant bases their request on the fact that the site is located in the Churchmans Crossing Area. Churchman’s Crossing was the subject of an area study in 1997, and DelDOT and the County have agreed that it resembles a Transportation Improvement District (TID) in some ways. The theoretical basis for such a waiver, in both DelDOT and County regulations, is that the study prepared in creating the TID has already examined all transportation impacts of development in the District, determined what improvements are needed to address those impacts and established a plan, if not an impact fee, to effect those improvements. While much of that was true for Churchmans Crossing in 1997, and DelDOT has monitored conditions in the study area since then, we no longer have the level of information about the study area that we did then. June 25, 2015 SPCA Commercial PLUS Response Page 3 of 16 As DelDOT understands it, even when they waive their requirement that a TIS be performed, New Castle County requires as a condition of plan approval that all intersections that a TIS would address be improved as necessary to operate at Level of Service (LOS) D or better. As mentioned above, we no longer have the level of information about the Churchmans Crossing Area that we did in 1997. To satisfy the County’s information requirements, either a TIS or a Traffic Operational Analysis (TOA) similar or identical in scope to a TIS would be needed. While DelDOT has not received it yet, they understand that the applicant’s engineer is at work on such a TOA. Whether they can meet the County’s substantive requirements, i.e. to attain LOS D at all necessary intersections, has yet to be determined. Apart from satisfying County requirements, because of the short distance between the proposed site entrance and Delaware Route 7, DelDOT is concerned that this pair of intersections could operate poorly. Therefore, in accordance with Section 3.9 of the Standards and Regulations for Subdivision Streets and State Highway Access, DelDOT would require a TOA to address those two intersections regardless of what the County may require. This situation has been explained to the developer’s engineer and we expect the TOA to address our concerns as well as any County requirements. In accordance with Section 3.5.4.2 of the Standards and Regulations for Subdivision Streets and State Highway Access, we expect to require sidewalks or a shared use path along the property frontage on the Route 7 Frontage Road. Typically we would require these facilities to be in a 15-foot wide permanent easement more or less parallel to the right-of-way. Given the geometry of the frontage road and its associated right-of-way, an alternative design may be appropriate. BMG Response: A TIS Waiver was granted by New Castle County in May 2013. A TOA has been prepared and reviewed by DelDOT, with recommendations for improvements summarized in a letter dated November 12, 2014. The applicant intends to comply with these improvements. Furthermore, correspondence has been received from New Castle County Department of Land Use accepting the TOA findings as sufficient for traffic mitigation needs. Department of Natural Resources and Environmental Control – Contact Bahareh van Boekhold 735-3495 Wetlands State regulated wetlands ARE NOT located on this property based on a review of the State wetland maps. State regulated wetlands are those wetlands identified on the State’s official State Regulated Wetland Maps. Additional information about State regulated wetlands is available by contacting the Wetlands and Subaqueous Lands Section at (302) 739-9943 or on line at http://www.dnrec.delaware.gov/wr/Services/Pages/WetlandsAndSubaqueousLands.a spx. State regulated subaqueous lands ARE NOT likely to be located on this property based on a review of aerial photographs, State Wetland Mapping Project (SWMP) June 25, 2015 SPCA Commercial PLUS Response Page 4 of 16 maps, Soil Surveys and/or USGS topographic maps. State subaqueous lands include all tidal waters (up to the mean high water line), most non-tidal rivers, streams, lakes, ponds, bays and inlets (up to the ordinary high water line), most perennial streams and ditches and many intermittent streams and ditches. Additional information about State regulated subaqueous lands is available by contacting the Wetlands and Subaqueous Lands Section at (302) 739-9943 or on line at http://www.dnrec.delaware.gov/wr/Services/Pages/WetlandsAndSubaqueousLands.a spx.
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