Table of Contents

Environmental Concerns

Rare and Unique Natural Communities are found at the Scenic Manor/Mulberry Knoll site. These habitats are relatively intact ecosystems that are of high-quality for native plants and animals.

Wetlands

The Scenic Manor/Mulberry Knoll site contains 18 acres of tidal wetlands and 5 acres of non-tidal wetlands.

According to the Center for Inland Bays:

Wetlands are very productive environments, providing a host of benefits which include filtering pollutants from the water, providing protection from flooding, and providing critical habitat for many plants and animals of conservation concern. Delaware has 132,000 acres of freshwater wetlands and almost 90,000 acres of tidal wetlands, however, in the past 40 years approximately 40,000 acres of naturally occurring wetlands have been lost.

The value of wetlands has become more widely recognized and there has been an emphasis to restore them. Wetlands can provide habitat for migratory birds and other wildlife, protect and improve our water quality, and increase groundwater recharge.

From the Delaware Regulations, Title 7, Section 7502, 2.0 Policy:

It is declared that much of the wetlands of the State have been lost or despoiled by unregulated dredging, dumping, filling and like activities and that the remaining wetlands of the State are in jeopardy of being lost or despoiled by these and other activities; that much loss or despoliation will adversely affect, if not entirely eliminate, the value of such wetlands as sources of nutrients to finfish, crustacea and shellfish of significant economic value; that such loss or despoliation will destroy such wetlands as habitats for plants and animals of significant economic and ecological value and will eliminate or substantially reduce marine commerce, recreation and aesthetic enjoyment; and that such loss or despoliation will, in most cases, disturb the natural ability of wetlands to reduce flood damage and adversely affect the public health and welfare; that such loss or despoliation will substantially reduce the capacity of such wetlands to absorb silt and will thus result in the increased silting of channels and harbor areas to the detriment of free navigation. It is hereby determined that the coastal areas of Delaware are the most critical areas for the present and future quality of life in the State and that the preservation of the coastal wetlands is crucial to the protection of the natural environment of these coastal areas. Therefore, it is declared to be in the public policy of this State to preserve and protect the productive public and private wetlands and to prevent their despoliation and destruction consistent with the historic right of private ownership of lands.

https://regulations.delaware.gov/AdminCode/title7/7000/7500/7502.shtml#TopOfPage

Forest

The proposed subdivision would clear 9 of the 27 acres of forest on the site-33% of the trees. The forest here has not been cleared since at least 1937 (oldest aerial image DNREC has on file.)

The potential old growth forest on this site has been identified as core wildlife habitat by the Delaware Ecological Network (DEN), which is habitat that is defined as containing relatively intact natural ecosystems, and is of high-quality for native plants and animals. The DEN is a statewide conservation network developed using GIS and field collected datasets that help to identify and prioritize ecologically important areas for natural resource protection, including areas of especially high quality that support rare species (DNREC comments on application review)

Fish & Amphibians

Striped bass and spawning Summer flounder are a particular concern in this area with impact on commercial and recreational activites. This is prime habitat for Eastern Tiger Salamander.

Birds: Endangered, Species of Greatest Conservation Need, Marsh & Migratory Birds

Both male and female American Kestrels have been observed on the property for the last 3 years. The American Kestrel is the smallest falcon in North America and is listed as endangered on Delaware’s Endangered Species inventory. In the Mid-Atlantic region, its population has declined 88% since the 1970s (according to data from the USGS Breeding Bird Survey).

Northern Harrier, also a DE endangered species (BR) has been observed. Four species of Tier 1 Species of Greatest Conservation Need (SGCN) have been observed in the non-tidal wetlands including Glossy Ibis, Snowy Egret, Greater Yellowlegs, and Lesser Yellowlegs.

There is photo documentation of the American Kestrel and Glossy Ibis on the property.

Two species of SGCN have been observed along Arnell Creek on property adjacent to this parcel: Clapper Rail (Tier 1) and King Rail (Tier 2)

Based on aerial images, this site appears to have wetland habitat which could support sensitive marsh bird species such as Saltmarsh Sparrow and Black Rail.

Hundreds of migratory birds were observed on this site in May 2020, including laughing gull and barn swallows.

Water quality

Water and habitat quality could be detrimentally affected by run-off which may contain oil and other pollutants, such as fertilizers and other chemicals applied by homeowners.

From the State Review of the property on the east side of Arnell Creek: “…it is essential that the forest block and wooded corridor to Arnell Creek are not impacted through any future development activities” from Warrington Rd PLUS Review.

Love Creek Natural Area

Portions of this parcel are part of the Love Creek Natural Area - marked by purple on map below - which includes nearly 1,000 acres of land designated by the state to dissuade development in favor of permanent protection. SOURCE DNREC

Soils

No soils identified on this property are suitable for lawns and landscaping and are rated as limited or very limited for local roads and streets.

Characterization of soils on site:

11% soils on this site have severe limitations and 5% of the soil has moderate limitations, that means there is a reduction in the choice of plants and/or a requirement for special conservation practices.

98.4% of this soil has “very limited” pond reservoir areas

10.3 acres of identified soil on this property is known as Manahawkin muck with a flooding rating of “frequent”. “Frequent" means that flooding is likely to occur often under normal weather conditions. The chance of flooding is more than 50 percent in any year but is less than 50 percent in all months in any year, as defined by Web Soil Survey. A primary soil of concern is Hurlock (HvA) which is a poorly-drained wetland (hydric) soil that has severe limitations for development and should be avoided. (From Warrington Road PLUS Review)

USDA Soil Map and Soil Descriptions