Council defers decision after public hearing on 309‑acre borrow‑pit application by H & K Group

The Sussex County Council on Feb. 11 held a public hearing on conditional use application 2454 from H & K Group Inc. seeking approval for a borrow pit on a 309.59‑acre parcel off Shiloh Church Road near East Trap Pond Road.

Applicant testimony and materials: the applicant presented a site plan, wetland delineation and a proposed set of conditions. The proposal calls for a phased excavation, a processing area and a plan to reclaim the pit as a wildlife/pond feature after extraction. The applicant said a US Army Corps of Engineers jurisdictional determination for wetlands had been received and that a permit would be sought as required. The application team also provided a traffic review and a hydrogeologic report to address neighbors’ concerns.

Traffic evidence and expert review: Carl Wilson of The Traffic Group said DelDOT had characterized the project’s traffic impact as “negligible” under the county‑DelDOT memorandum (less than 50 vehicle trips in any peak hour and fewer than 500 per day). The independent count recorded about 19 site trips in the morning and 19 in the afternoon peak; standard intersection capacity analysis produced Level‑of‑Service A at the nearby intersections under current and projected conditions, Wilson said. DelDOT had also authorized the applicant to apply for an entrance permit for Shiloh Church Road.

Hydrogeology and groundwater concerns: the applicant submitted a hydrogeologic assessment prepared by a professional geologist concluding that typical drawdown from dredging is concentrated close to the pond edge and that domestic or irrigation wells outside roughly 200–300 feet of the pond would not experience lowering of levels caused by dredge pumping. The applicants’ mapping showed the nearest recorded residential well about 986 feet from the proposed pond edge.

Public opposition: neighbors and nearby landowners raised multiple objections in testimony. Residents cited (1) seasonal and summer traffic on Shiloh Church Road and East Trap Pond Road that they said the counts did not capture; (2) potential long‑term impacts to groundwater and irrigation wells from creating an open connection to the Columbia aquifer; (3) removal of hundreds of acres of planted pine and hardwoods, with loss of habitat and open space; (4) public‑safety concerns from heavy trucks on narrow roads with limited shoulders and bus operations; and (5) post‑mining liability and safety hazards associated with deep open water.

Regulatory context and special requirements: county code §115‑172 requires borrow pits to meet specific conditions including limits on materials brought to the site, protective setbacks/buffers, slope and reclamation standards and distance from dwellings. The applicant’s team argued the plan meets or exceeds the numeric county thresholds for buffers, setbacks and distance to the nearest occupied dwelling and that permits and agency approvals would be obtained as part of the review process.

Council action: after hearing applicants, agency staff and multiple residents, a council member moved to defer action so members could consider the materials and the testimony; the motion to defer carried.

Why this matters: borrow pits supply sand, gravel and stone used in road, coastal‑resilience and construction projects; the county must weigh local environmental, groundwater and traffic risks against economic and infrastructure needs before deciding whether to grant a conditional use.