### Notes from Hon. Bryan Shupe’s Meeting

## To discuss Flooding on Slaughter Beach Road

## Monday, October 17, 2022, 6:30 PM

- 1. 1. Introduction: Hon. Bryan Shupe, State Representative, District started the meeting at 6:40pm and introduced himself, thanked the town and fire department for bringing his attention to this matter, and advised he had invited DelDOT and US Fish & Wildlife to the meeting. Rep. Shupe discussed previous meetings he conducted with local farmers whose properties and crops are being adversely affected by flooding and the ponding of water on and adjacent to Slaughter Beach Road. He invited the farmers in attendance to share their concerns that crops were being damaged from salt water which they did. Bill Tobin, representing Station 89 Memorial Volunteer Fire Department, Slaughter Beach expressed concern for the safety of citizens once we have only one access road available (Cedar Creek Bridge will be closed for approximately one year starting in 2024).
- 2. Jason McCluskey, Maintenance Engineer for the Southern District of DelDOT, which includes Sussex County, was on hand to address Slaughter Beach Road and restrictions for construction whether raising the road or digging/cleaning out ditches. Mr. McCluskey advised that DelDOT prioritizes road updates, changes, etc. based on hazards to users. When there is a report of the ponding/flooding of water on roadways, DelDOT engineers perform a site survey and determine/prioritize repairs. Mr. McCluskey stated DelDOT is not authorized to work on privately owned property.

Work on Slaughter Beach Road would require numerous permits, with the level and complexity commensurate with the actions taken. Cleaning the ditches would be much easier than raising the road. Permits will be required from State and Federal organizations due to the designation of the area as “Wetlands”. Key permitting partners include DNREC and USACE. This type of permitting must consider animals and migration, restricting times work can be done as well as where work can be done.

Mr. McCluskey stated the flooding on Slaughter Beach Road and adjacent farm fields is tidal and not rainwater ponding. This conclusion is based on his personal observations. He further explained tidal flooding is not mitigated by creating ditches and while the existing ditches can be cleaned out, several are on private property and DelDOT is not responsible for their maintenance.

### Mr. Reese, a local farmer, advised that rainwater ponding on his farm no longer drains, and lays for days, destroying his crops.

- 3. Ms. Kate Toniolo, Project Leader for Coastal Delaware National Wildlife Refuge Complex (US Fish & Wildlife Service) was introduced to address Environmental Permitting. Ms. Toniolo advised that while she is new to her position, she has been doing extensive research on permitting. She stated clarification is required relative to the Right of Way; specifically, where does it extend. She continued to explain the US Army Corps of Engineers (USACE) must be contacted as they regulate activity/construction in wetlands, requiring a separate permit issued by them.
- 4. Rep. Shupe stated that he will reach out to U.S Senator Christopher Coons whom he believes we can get Federal permitting assistance from once we define the location(s) and work required.

Question: Is it possible to raise parts of the road that sit low, as well as the bridge?

Town Council Meeting Minutes Page 1

July 19, 2022