The Department of Natural Resources and Environmental Control will hold a virtual public hearing (Docket #2020-P-MULTI-0024) on a proposal from Diamond State Port Corporation (DSPC) to build a new container port on the Delaware River at Edgemoor. Public comment period closed.

The DSPC proposes to construct a new container port on the Delaware River at DSPC’s Edgemoor property, located at 4600 Hay Road, Edgemoor, New Castle County, Delaware, 19809. This project will require permits from the Department’s Division of Water and Division of Waste and Hazardous Substances, as well as a Federal Consistency Certification from the Delaware Coastal Management Program.

The property (Tax Parcels: 0615300006 and 0615300003) is the former location of the Chemours titanium dioxide production facility. It lies along the Delaware River between Fox Point State Park, to the north, and industrial facilities to the south. The site operated as a titanium dioxide production facility through 2016. That facility was demolished before the sale of the property to the Diamond State Port Corporation in February of 2017.

The proposed project includes building a pile-supported wharf (about 2,600 feet long), dredging the berth and access channel to a depth of 45 feet below mean lower low water, installing a bulkhead along 3,200 feet of shoreline and occupying approximately 5.5 acres of subaqueous lands.

The majority of the dredged materials will be stored in existing Army Corps of Engineer-owned confined disposal facilities with a portion retained on-site to be used as fill material. Shoaling fans are proposed to reduce the frequency of future maintenance dredging.

More information on the property, the project and each of the permitting programs involved is available at de.gov/portproject.

Division of Water — Wetlands and Subaqueous Lands Section

Applications for a subaqueous lands permit and water quality certification are on file and may be reviewed online at de.gov/portproject. For additional information or to schedule an appointment to review this material, contact Gayle Calder, DNREC Wetlands and Subaqueous Lands Section, at Gayle.Calder@delaware.gov or 302-739-6304.

Division of Waste and Hazardous Substances — Remediation Section

The DNREC Remediation Section has made a preliminary decision to issue a Hazardous Waste Corrective Action Permit to the Diamond State Port Corporation for the implementation of corrective measures and post-closure care at the site. This permit would replace a prior corrective action permit that has expired.

Based on the findings of an investigation of the facility and an assessment of the risks it might pose to human health and environment, the Remediation Section finds that active corrective measures are not needed. Given the proposed new use, the new permit would include the following requirements:

• Asphalt capping
• A contaminated materials management plan during construction
• Groundwater monitoring in conjunction with a post-closure care plan for four surface impoundments now closed in place
• Establishment of an environmental covenant

The draft permit, including the Statement of Basis, is on file and may be reviewed online at de.gov/portproject. For additional information, contact Frank Gavas, DNREC Remediation, at Frank.Gavas@delaware.gov or 302-739-9403.

Division of Climate, Coastal and Energy — Delaware Coastal Mgmt. Program

A Federal Consistency Certification has been submitted to the Delaware Coastal Management Program for the following: Port of Wilmington Edgemoor Delaware (2020.0043).

Additional information concerning this Federal Consistency Certification submission for this project may be reviewed online at de.gov/portproject or by contacting Kimberly Cole, Administrator, Delaware Coastal Programs, at Kimberly.Cole@delaware.gov or 302-739-9283.

Joint Public Hearing

Written comments may be submitted to the Hearing Officer via the online comment form at de.gov/dnreccomments, via email to DNRECHearingComments@delaware.gov, or via USPS to the below address. The Department will accept public comment through Tuesday, Dec. 1, 2020.

Public Hearing Officer

Lisa A. Vest
DNREC Office of the Secretary
89 Kings Highway
Dover, DE 19901

Transcript, Hearing Officer’s Reports and Secretary’s Orders

Public Hearing Transcript

Hearing Officer’s Report, RCRA Corrective Acton Permit

Secretary’s Order No. 2021-WH-0014 — Approving a Diamond State Port Corporation (“DSPC”) Resource Conservation and Recovery Act (“RCRA”) Corrective Action Permit (“CAP”) Renewal for the DSPC Edge Moor property, located at 4600 Hay Road, New Castle County, Delaware (Effective Date: April 29, 2021)

Hearing Officer’s Report, Subaqueous Lands Permit and Federal Certification

Secretary’s Order No. 2021-W/CCE-0026 — Approving Diamond State Port Corporation (“DSPC”) Wetlands and Subaqueous Lands Section (“WSLS”) Permit Application for a Subaqueous Lands Permit from the Division of Water and Federal Consistency Certification from the Division of Climate, Coastal and Energy’s Delaware Coastal Management Program (“DCMP”) for the DSPC’s proposal to construct a new container port on the Delaware River at DSPC’s Edgemoor property, located at 4600 Hay Road, New Castle County, Delaware. (Effective Date: Sep. 30, 2021)

Related Documents and Links

Public Notice (08/23/20)

State Public Meeting Calendar Posting (08/25/20)

DNREC News Release: DNREC to Host Public Hearing on Diamond State Port Corp.’s Proposed Container Port on Sept. 29 (09/18/20)

DNREC News Release: DNREC Extends Public Comment Period 30 Days for Diamond State Port Corp.’s Proposed Container Port (10/30/20)

Diamond State Port Corporation Proposal Information Page

DNREC Exhibits

Delaware Coastal Management Program Exhibits

Division of Waste and Hazardous Substances Exhibits

Division of Water Exhibits

Applicant’s Exhibits

Exhibit 1: Diamond State Port Corporation Public Hearing Presentation

Public Comments